Font Size: a A A

The System Of Presumption Of Fact

Posted on:2007-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:L L TaoFull Text:PDF
GTID:2206360185977178Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Contrary to presumption of law, presumption of fact which is also called presumption of justice or procedural presumption, on its very nature, is a principle of justice that grants judicial persons in certain circumstances exercise discretion that permits free heart by law, and regulates the burden of proof 'specific operational status to determine whether the facts are found. It is a manifestation of the concrete analysis of concrete problems, the combination of principle and flexibility of effectiveness. Presumption of fact is a method. To meet the functional needs, the judges infer whether the related facts are in existence on the basis of the known facts and experience. Presumption of fact is a process that the judge makes reasoning and logic considering to find the facts. In the trial practice, particularly in civil cases, presumption of fact is often more typical, and the degree of freedom is greater. So the judges must carefully consider all the evidence, integrate the whole chain of evidence to enable it to form a complete system of evidence, and have high probability of evidence advantage. In presumption of fact, the judges must base on the concept of conscience and justice, use their knowledge and competence to rationally exercise experience, and infer the facts to be found.In the civil trial, the good use of presumption of fact is of immediate significance for judge to find the facts of the case and stop the conflicts. However, presumption of fact has its own limitations, while on the one hand, our legal system does not specify that, only the relevant judicial interpretations to be involved, on the other hand, is a fact of presumption of fact prevails in judicial practice, which led to a certain extent, the confusion and inconsistency justice. To play a positive role of presumption of fact in the administration of justice, it is necessary to improve the relevant legislation, establish a presumption of fact's system in our legislation, specify presumption of fact's application rules for the application of presumption of fact to be more uniform.
Keywords/Search Tags:Presumption of fact, Discretion, Experience, Burden of proof
PDF Full Text Request
Related items