On The Presumption Of Fact In The Civil Litigation System,

Presumption of fact uses the normal connection between things as deduced gist,so compared with proving by proof,it has the non-replaced situation in terms of decreasing the fee of lawsuit,improving the efficiency of lawsuit and finding the fact properly.Whatever the countries or areas belong to the civil law or the common law,they all attach importance to the regulation and using of this special way of judicature. However,in our country's legislation about civil procedures,the rule of presumption of fact is too simple to arrange a perfect system and the aspect of theory is lack of the systematic researches and analyses about it too.So,the phenomenon of using the presumption of fact wrongly always appears in judicature.To start with the meanings of presumption of fact,this article analyzes the theoretical basis of presumption of fact,function of lawsuit, limitation and how to improve carefully.This thesis is divided into four parts besides quote and conclusion.For the part of quote,it educes the presumption of fact spontaneously by the way of stating two methods about fact-finding.The first chapter summarizes the presumption of fact.Firstly,it defines the presumption,secondly,it explains further about the meanings of the presumption of fact in base of presumption,lastly,the presumption and relative meanings are discriminated in order to understand characters of presumption of fact.The second chapter is the analysis of the presumption of fact.It mainly analyses the basis of the presumption of fact,function and limitation in positive and negative side so as to understand the presumption of fact comprehensively.The third chapter is about actualities of the presumption of fact and the feasible analysis of founding it in our country.For the first part,the writer states the actualities,then analyses the reason further.In terms of second part,the feasible basis of founding the presumption of fact in our country is brought forward which is mainly embodied in the theory and practice.The fourth chapter is to give advice of how to improve the presumption of fact.It is mainly improved in three stages:before,during and after.In the part of conclusion,the writer emphasizes the importance of the presumption of fact and the lacking of theory again to appeal to jurist to research as soon as possible for impelling the presumption of fact to convert from theory to practice.