Study On The Civil Presumption And Application System

Presumption is an activity to deduce unknown facts based on the known facts. The presumption of law reflects a country's legislation policy, while the presumption of facts reflects the eternal link between things and is the abstraction of this relationship. Civil presumption is the bridge that links civil substantial laws and civil procedural laws. Either the fact presumption or the law presumption has the compulsory applicability to the judges' cognizance of the case. The application of the law presumption must take a country's policy into account including its rules, explanation and application. The fact presumption must stress its basis--"rule of thumb". The application system of the civil presumption is a research project combining theory with practice, legislation with judicature, substantial law with procedural law.This paper starts with the definition and classification of the civil presumption. On the basis of the foundation and value of the presumption, it concludes the discipline of the existence of the system of civil presumption. By comparing the civil presumption systems in the Anglo-American law system countries and the civil law system countries, it concludes the existing problems and reasons in the civil presumption system in our country.The first part is about the outline of civil presumption. Different scholars have different opinions about the definition of the presumption. This paper proposes its own ideas about the definition of presumption on the basis of the analysis of other scholars' opinions and concludes the basis that brings about the presumption.The second part is about the application of the civil presumption. This chapter mainly introduces and analyzes the application conditions and influence factors of the civil presumption.Part three is about the comparison of the theories and legislation of the civil presumption adaptation systems in the two legal system countries. By concluding the differences between the two legal system civil presumptions, it provides the learning experience of our country's civil presumption legislation.Part four is about legislative and judicial status of China's civil presumption. It concludes the judicial status of China by studying China's civil presumption adaptation legislation and summing up the defects of China's legislature by means of case analysis.Part five is the improvement of China's civil presumption and application mechanism. In this section, I propose several suggestions about the substantial, procedural legislation and the law application by concluding the reasons of the defects, hoping to be beneficial to improve the system.This article is presumed to have an exploratory and tentative study the civil presumption application system. So the opinions may inevitably have some mistakes or bias. Criticism and correction are welcome here...