Exceptional Rules Of Proof In Litigation

The proof-free rule in litigation is to exempt party's obligation from providing evidence for testifying some facts, it is also known as an exceptional rule of evidence in litigation. There are two evidence free rules in criminal action which are known as judicial notice and inference.Judicial notice is a rule that the court will judge a presumption is true according to the judges'knowledge on the law or truth, and the party is not obligated to prove it.Inference is to logically reach a conclusion of undefined truth from the known facts in compliance with laws or experience rules. The reasonableness of inference is relied on the fact that the basic facts and the putative facts are proven to have logical coexistence relation, which means that under the prerequisite that the reality of the known facts is proved true, thereby to infer the unknown facts true and no need to prove, unless the contrary could be proved.The two rules are recognized but not differentiated in chinese criminal action, whereas it is stipulated as"a fact that needs no evidence to prove it". The two rules have comparatively close connection in judicial practice. However, taking into account the content, methodology and procedure of recognizing the facts, the two rules have substantial difference. Therefore, the two rules should be distinguished while they are applied in judicial actions.