Research On The Civil Presumption

The civil presumption, which based on the often relationships of the things, exits in civil legislations and civil jurisdictions. The civil presumption infers from the basic facts to the presumed fact. The parties can rebut the presumed fact by the evidence. The civil presumption is different from the civil inference, the civil deduction, the civil regulation, and the civil analogy.The civil presumption includes two kinds of civil facts: One is the basic facts and the other is the presumed facts. The relationship between the basic facts and the presumed facts is highly possibility. In some way, the civil presumption should obey the rules of law logic; it shows the important civil law value. The parties can rebut the presumed fact by the all true proofs that they can give. The civil presumption is a kind of shill in fact, and it also is the method of showing the law value of legislator and the law policy of the judges. So it is neutral in fact too. The civil presumption not only should obey the rule of law logic, but also should be restricted by the civil law value,civil law policy and the facts of the jurisdictions.In history opinion, the civil presumption at first was an exception. It has taken a long time for the civil presumption to become consummate in jurisdictions. We can find two principles in its history: First is that the civil presumption becomes special cases in practice; Second is that the civil presumption is widely used in the civil procedural law, and it plays an important role as a methods of settling civil disputes.The civil presumption is very important in the civil legal system. The correct utility of the civil presumption not only can make the judges' working more effective but also can protect the rights of the parties. And also it can reflect the social equality. So it is very important to improve the civil presumption. I think that we should improve the civil presumption in three views: First, in legislation, we can learn the typical cases in common law country form three ways: the civil right, the civil behavior and the civil liability. Second, we should depend on the civil presumption in jurisdiction. Third, we should build the supervising system of the civil presumption.In a word, we should perfect the civil presumption system basing on our local practice.