Fact Presumption In Civil Procedure

Fact presumption is the presume or deduce which is applied by the judy in the range of the freedom heart prove according to the case,some evidence or thumb rule during the trial. Any one system or the rules behind it implies its theoretical foundation, the fact that the theoretical basis for the presumption rules of thumb can be divided into the objectivity and a high degree of probability to prove the relativity and the standard of proof and rules of thumb for consistency probability phase-3 aspects. Fact presumption in the proceedings of great importance, it is conducive to the use of litigation and litigation efficiency of the economy, and promoting a reasonable person to assume the burden of proof is conducive to expression of values, to achieve social justice. The fact that only a presumption, subject to certain conditions before being applied, it requires the basis of the facts must be highly credible, basic facts and between the presumption of the fact that a high degree of probability, but also the fact that there is no presumption of adverse party evidence to the contrary to be overturned. The fact that the application of the presumption the burden of proof is bound to have an impact is mainly reflected in the transfer of the subjective burden of proof. Of course the fact that there is presumption of the fair value of its existence, but because of the fact that the presumption inherent limitations, as well as China's current legislation does not contain the facts presumed to perfect specifications, in the administration of justice in practice the lack of operability, the judge in the application of the law tend to shake have great discretion, it how to improve the fact that the presumption has to make it more workable seems particularly important.