The Theories On Perfection Of Presumptions In The Chinese Civil Procedure

Civil presumption , and is a proof to learn an important category of inside, and is one of the important method of the judicial proofs.Foreign law science is riper to the research that is presumed , and the system of proof of our country is always pursued " objectivly and trully ", repel the thought of the discretional evaluation of euidence, ignore and presumption the function that is asserting the case fact for a long time, thus restricted it to the theoretical research and development that are presumed, has caused the confusion that the judicatory to practice. This text adopts to the comparative research which presumes the concept, to presumption the basic theory does the analysis of summing up, point out correct understanding presumes the regular defect and perfecting the structure measure is that are applicable to the key presumed correctly. Through the analytical method , point out our country presumes the existing problem of the system civilly . Use the method to relatively study to introduce the legislative examples of such countries as Great Britain and American ,etc, as a means of drawing lessons from. Put forward and perfect the civil idea of presumption the system in our country. The writer thinks , our country should define in the law of basic procedure that presumes civilly that proves the status of the important method as the judicial proofs, not only the one that should perfect presumption is applicable to the condition, procedure, but also define basic regulation and principle that the law inferred from legislating, and the one that presumed the fact made norm ,etc. suitably .The full text divides into five part altogether:The first part Have explained the basic theory of the civil presumption especially in terms of legal principlt, I think our country traditional theory is thinner to the research that is presumed , concept of presumption understanding dim , define to its concept and separate part and analysised theory presumption the system basis , point out correct understanding presumes the regular defect and perfecting the structure meawsure is that are applicable to the key presumed correctly.Second part brief to introduce of our country historical developrent of civil presumption , throngh the analytical method , Analyse to applicable to situation , and of our country question that civil' presumption exist of our country presumption especially .Carry on the preliminary discussion to the reason existing in current situation .The third part make brief introduction to U.S.A , Britain ? Israek Civil Presumption legislative , Summaricz the legislative characteristic of the foreign civil presumption , as a meams of drawing lessons form .Fourth part copies of centre of thesis , direct against the question that the civil presumption of our country exists , Combine foreign legislative example of civil presumption , put forward and perfect of our country preliminary imagination of covil presumption again . Include : First , construct the principle that the perfect system of civil presumption .Second .establish the presumption as slightly independent status of the important meghod of the jodicil proofs . Third .prefect civil presumption principle . Forouth , define basic regulation that the law presumed . Fifth , suitable for apply to fact presumed .The fifth pant conclud the speech and put emphasis an perfecting the puestion that the civil presumption of our country should be paid attention to again .