Studies On The Theory Of Prima Facie Bewies

The Prima Facie Bewies theory is an important part of the proof system. It has a high position in the proof system abroad. The research on the theory is very flourishing, especially in Germany, the meanings of the theory is also important in judicial practice. But in China, the research on theory of the Prima Facie Bewies just starts. As the development of the case law in Germany, the Prima Facie Bewies becomes. The author mainly explodes the Prima Facie Bewies by the introduction of the theory. Proceed with concepts of the Prima Facie Bewies, the author introduces the contents which are related with the theory, such as the development, the essential, the application. The author analyzes the attitude on the Prima Facie Bewies, then tries to design the frame of the Prima Facie Bewies. The structure of the paper is as follows:The partâ… , the author introduces the Prima Facie Bewies, brings forward the point of view throughout analyzing a variety of scholars view of the Prima Facie Bewies. In the meantime, the author illustrates the different views on the essence of the Prima Facie Bewies, then, releases the author opinions. Moreover, the author introduces the value of the theory.The partâ…¡, introducing the process of the development, from"the thing speaks itself"in Anglo. American law system to the accumulate of Prima Facie Bewies .The partâ…¢,the part mainly introduces the Prima Facie Bewies and the fact presumption, in the meantime, the author introduces the applicable condition and the field of the theory. On the base of explaining the meaning of the fact presumption, the author analyzes the difference between the both. By comparison, the author thinks the independent value of the fact presumption, then puts forward own view on the fact that the fact presumption.The partâ…£, the author illustrates the necessity of the Prima Facie Bewies through typical case connecting with the Prima Facie Bewies. At the last long, the author tries to design the frame of the Prima Facie Bewies.