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On Studies Of Civil Presumption

Posted on:2006-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z QiuFull Text:PDF
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In proof system, presumption is existing as a demonstrative method or rule which is always concerned and controverted greatly. Because the concept uncertainty of presumption itself and presumption unique value and status in proof system is always fail to get clear definition, so presumption system is obviously insufficient both on theoretical research and legal norm. In the aspect of presumption's definition, it is not discriminated correctly from its relevant concept until now' in the aspect of presumption's effect, the long-time dispute of relationship between it and burden of proof has not be solved yet. As for the analysis of constructed value, it has not set the existing significance in the new evidence system, and that seriously prevent formulating concrete and scientific legal rules for presumption as well as prevent correct application of presumption in juridical practice. In this paper, I pointed out that , presumption should be defined correctly on the base of scientific classification and comparison between rule of evidence. It can't be replaced that presumption has its unique quality of justice and procedure value. Meanwhile, presumption can't equal with distribution of onus of proof, it begins as putting its whole effort to pursue truth. And fact presumption and legal presumption should be distinguished and analyzed in their effect and concrete procedure design. Therefore, beginning with essence of presumption and its characters, I continued to analyze the principles and guidelines followed by presumption system, and I audaciously planed for concrete procedure rules in order to offer some useful views and suggestions to perfecting the theories of presumption and its legislation.
Keywords/Search Tags:status of evidence system, unique value of presumption, presumption and onus of proof, legal presumption and fact presumption, procedure design
PDF Full Text Request
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