Research Of Civil Presumption In Civil Action

The institution of civil presumption is the microcosmic aspect in Evidence theory, there isn't a law just like proof responsibility which plays a critical role impenetrating the evidence system or the lawsuit system. However, civil presumption, as an important rule in the evidence law, operates very well in the lawsuit; it can relieve the difficulties in asserting the fact, promote the judgment efficiency and reduce the cost of lawsuit. Meanwhile, civil presumption can apply the judge's inherent pursuit to social justice into the course of lawsuit. In legislation, many countries regulated that fact asserting can be used as a method of proof in the civil lawsuit. That is to say, civil presumption can help embody the principle of justice balance, and realize the standard value of the procedure. Therefore, undoubtedly, civil presumption system is the organic composing part of evidence system, furthermore, it, combining with the other evidence systems, makes up the whole contents of the evidence system of a nation and a region. However, the study of civil presumption in china is relatively weak; the theory study falls behind the need of justice practice. Besides, there isn't an operable appointed regulation in legal practice, civil presumption was applied everywhere. In order to promote the study of china's civil presumption system, this thesis starts from the connotation and extension of civil presumption, introduces the theoretical basis of it, in analyzing causes of civil presumption and the existed problem , the author proposed the detailed measures of perfecting the civil presumption.