Conflicting Presumptions

Presumption is a confusing region in legal system. It is anindispensible part in judicial proof, and is an important approach to reflectvalues of law. However, it also brings big trouble into legal practice. Thereare dispute on every aspect of presumption, and people are not able toreach agreement on it. This situation leads to problems in practice whenpresumption is needed. As one kind of it, the conflict of presumptions is thetheme of this thesis. There are three sections:The first one is mainly on the basic theory of presumption, for the goalof making a foundation of further discussion on presumptions’ conflictbelow. This section involves the presumption’s concept, foundation, anddifference between presumption and other concepts.The second secton is mainly on bringing the conflict of presumptionsinto discussion by a case. I make a definition of conflict of presumptionsand analyze it briefly. Then I demonstrate the necessity of discussing thisproblem.The third section is to examine different available methods ofresolving the problem of presumptions’ conflict, to analyze and makecomment on these methods, and to recount steps of resolving the conflict ofpresumptions. I choose the method of “weighting the policy” among thesemethods, and demonstrate the reasonableness and feasibility of it. Fromthis basis, I then recount that how to use the method of “weighting thepolicy” to resolve the conflict of presumptions in practice.