On Application Of Presumption In Civil Adjudication

Presumption is an important part of civil evidence system. It has a special value and status in the evidence system and even in the whole civil proceedings. In our country there is wide use in the judicial practice, but because of the uncertainty of presumption's definition and presumption's legal effect, there are many deficiencies in research and legal norm about how to apply presumption. There are also a lot of questions about how to apply presumption in civil adjudication.The application of presumption in civil adjudication needs to confine the definition of presumption. Through the sum-up and conclusion of the presumption definition in various country, the definition of presumption is the rule that according to the stipulation in law or the experience rule of the judge, from the foregone basic facts, people infers other existence of facts with high possibilities, so that people can transfer the burden of unknown facts'subjective or objective prove and the judge admits the party to bring out the refutatory evidence. The classification of presumption should adopt the various levels. It can divide into the legal presumption and fact presumption according to weather there is law stipulation. There are connection and difference between the relative conceptions of presumption, consequence, inference and imitation.The epistemology basis of presumption which can be established and applied is the normal connection between the things and the unity of infinity and limitedness towards the cognition. Presumption is an important carrier of the value tendency choice and the value target realization. Combined the two aspects is that the justice basis of the presumption application. Also, it is the demand of justness and efficiency in civil judgment.The application of presumption should follow certain condition and principle. The application of presumption need precondition, base, fundamentality, safeguarding and value condition, and should follow the final-application, by-law application, allow-refutation and public-presumption rules.The effects of presumption application should include two aspects: one is the effects of presumption fact, the other is the presumption application influence on the proven burden, which is distinguished by the legal presumption and fact presumption. The legal presumption can lead to the transference of objective proven duty between the parties, but the fact presumption can only lead to the transference of subjective proven duty between the parties.On the system of presumption application, people should make full use of it, evade its shortcoming, and establish a suit of complete safeguarding system. On one hand, to regulate the deficiencies of presumption system, on the other hand to ensure the presumption system application in reason, people need establish safeguarding system for the comparative application on the level of legislation and judicatory.