On The Presumption The Burden Of Proof

The judge of facts finds the factual issues by two ways: presumptions andevidences, while the presumption is royal road to the factual issues: once the basicfact is established, a presumed fact is established, unless there are opposedevidences on the presumed facts. Presumptions have great effects on the burden ofproof. This article focuses on how and why these effects work, pointing out that thedifference between judicial systems is the key of the different effects. Based on thisconclusion,the author makes an attempt to explain the effects of presumptions onthe Burden of Proof in china. There are three parts in this thesis. In the first part, based on the ordinary relationship of two matters or two groupsof matters, presumptions find the A fact from B fact. The non-full-judicatory-proofof presumptions makes the effects of presumptions on the Burden of Proof possible.In the last, under the classification of presumptions,we find the rebuttablepresumption in law which can effect the burden of proof . In the second part, this article gives descriptions about the effects ofpresumptions on the Burden of Proof in detail in the civil law and common law. In thecivil law, as a special provision of Burden of Proof, the presumption of law make theburden of production and the Burden of Proof shift to the adversary. In the commonlaw, there is a difficult wok to make a choice between shifting the burden ofproduction and shifting both of the burden of production and the burden ofpersuasion. This difference derives from the difference in judicial systems: jurysystem vs. grand jury; adversary system vs. inquisitorial system; concentratingtrial vs. disrupting trial. In the third part,based on the judicial systems in china ,this article makesdescriptions about the effects of presumptions on the Burden of Proof in china inbrief ,finding that this is the burden of persuasion, not the burden of production iseffected by presumptions in law in china. Additionally, it gives a specific descriptionabout the effects of the presumptions made in china substantive law on the Burdenof Proof.