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On Presumption Of Fact In Civil Procedure

Posted on:2008-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q W LiuFull Text:PDF
GTID:2166360218960859Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The civil presumption plays an important part in Evidence act.Presumption of fact is also called presumption of justice or procedural presumption.It is a process that the judges make reasoning and logic considering to find the facts, Presumption of law is a conception contrary to presumption of fact, It is limited because the lawmaker can only prescribe clearly the foreseeable, universal presumption.Most of time,the judges shall use the presumption of fact to cognize the fact of the case. It plays an important role in the judicial practice.The research of presumption is lacking correspondingly in our country.which is affected by the tradition of proving standard of objective reality in the litigation of our country.It is argued greatly in theory because the presumption of fact is a testifying method containing some dangerous factors which is subjective and there is no specific regulation in law.The paper introduces the basic theory and the presumption of fact in foreign countries,and give some suggestions about the perfection of the law in our country.The paper is divided into four parts:Part 1:The introduction of the definition, characteristics and the function of presumption of fact. Comparative analysis of applying of which and the differences of the definitions of relative notions from the aspects of applying conditions,effection and the contradiction to it.Part 2:The analysis of the foundation and value of presumption of fact. Logistic regulation and experience rules are the foundation of presumption of fact.which guarantee the high probability of evidence advantage. The applying of presumption of fact makes great contributions to the judicatory justice and efficient litigation of our country.Part 3:The introduction of presumption of fact of common law system and civil law system. Presumption of fact in common law system is refered to contradictable presumption and temporary presumption. Precedent is good to the develpment of which.The paper gives a simple introduction to the presumption of fact in Germany,France and Japan.Our country shall use the advanced experiences of foreign countries,and perfect legislation.Part 4:The construction of presumption of fact in our country.The legislation in our country is rough,which result in the confusion in the judicial practice.Our country shall use the advanced experiences of foreign countries,and perfect our legislation, to make the presumption of fact play a effective role in the judicial practice.
Keywords/Search Tags:presumption of fact, basic theory, the construction of presumption
PDF Full Text Request
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