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Presumption System For A Number Of Issues

Posted on:2007-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y J YangFull Text:PDF
GTID:2206360182490213Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Presumption is an essential part of civil proof policy. Civil presumption has closeconnection with the burden of proof policy, and they occupy an outstanding positionin the proof system. But the term presumption is vague and misunderstanding in thecivil procedural law, presumption is treated as important part in civil proof researchby both the civil law family and the common law family. Relatively speaking , China'sresearch about presumption is not so complete and mature like hercounterparts .While the jurisdiction use it very frequently and widely in practices,many impressing problems due to insufficient academic research and regulationsimplicity require prompt measures.Within the scope of civil procedural law, this thesis is devoted to cover definition,theoretical basis, existence meaning and classification of presumption, andverification of presumption and similar terms and influence of presumption uponshoulder.Centering around impact of presumption upon shoulder of burden of proof, thescript here mainly reflect some superficial ideas of the writer in terms of law.The thesis is divided into four parts, in addition to the prelude and the conclusionpart, the first section presents general description of presumption, goes firstly aredefinitions regarding presumption, later on theoretical basis and existence meaning,last is classification, the second section devotes to cover relations of presumption withother relating conceptions, first is connection between presumption and inference,similarity and difference comparison between presumption of law and presumption offact is made herein,while make separate comparison between presumption oflaw ,inference of law, presumption of fact and inference of fact, later on is relationsbetween presumption and fiction of law. Mainly devotes to discuss irrebuttablepresumptions of law and fiction of law, goes thereon is relation of presumption andmediate testify, last and also the essence of this thesis is relation between presumptionof fact and the Prima Facie Beweis. Make outstanding their proving process, authoritydifferences by researching the definition and nature of the Prima Facie Beweis.The third section discusses and assets varied theoretical expressions from civillaw countries, common law countries and China over influence of presumption uponburden of proof.The fourth section mainly researches and analyses impact of presumption overshoulder of burden of proof firstly is brief introduction and evaluation about shoulderof burden of proof then writer's viewpoint, later separate expressions about lawfulimpact of presumption over shoulder of burden of proof.Conclusion sectionBased on the above analysis, make sure that presumption which has criticalinfluence upon shoulder of burden of proof and entails meaning research is a systemfeaturing complication and importance. Firstly should making clear yardstick ofshoulder of burden of proof and then relationship of presumption with the former.Presumption is a plural system in law and should not be treated as individual theory;hence selection and dexterity would be sound choice. The whole system ofpresumption is multileveled and exert influence over the proof policy with differentaspect, thence institutional use and reasonable construction of presumption policy ispressing task for us.
Keywords/Search Tags:Presumption of law, Presumption of fact, The shoulder of burden of proof
PDF Full Text Request
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