On Presumption Of Fact In Civil Procedure

The civil presumption plays an important part in the judicial practice.Presumption of fact is a process that the judges make reasoning and logicconsidering to find the facts. Presumption of law is a conception contraryto presumption of fact, It is limited because the lawmaker can onlyprescribe clearly the foreseeable, universal presumption. Most of time,the judges shall use the presumption of fact to cognize the fact of the case.Presumption of fact has the non-replaced situation in terms of decreasingthe fee of law suit, improving the efficiency of law suit and finding thefact properly.Whatever the countries or areas belong to the civil law or thecommon law, they all attach importance to the regulation and using ofthis special way of judicature. However, the rule of presumption of fact istoo simple to arrange a perfect system in our country’s legislation aboutcivil procedures. The research of presumption is lacking correspondinglyin our country. Therefore, the Phenomenon of using the presumption offact wrongly always appears in judicature. It is argued greatly in theory because the presumption of fact is a testifying method containing somedangerous factors which is subjective and there is no specific regulationin law.The paper introduces the basic theory and the presumption of fact inforeign countries, then give some suggestions about the perfection of thelaw in our country.This paper is divided into four parts besides quote and conclusion.The first section summarizes the presumption of fact. Firstly, itpresents general description and classification of presumption, secondly,it explains further about the meanings of the presumption of fact, last iscomparative analysis of applying of which and the differences of thedefinitions of relative notions from the aspects of applying conditions,effection and the contradiction to it.The second section devotes to the analysis of the foundation andvalue of presumption of fact. It mainly analyses the basis of thepresumption of fact, function and limitation in positive and negative sideso as to understand the presumption of fact comprehensively.The third section is about actualities of the presumption of fact andthe feasible analysis of founding it in our country. For the first Part, thewriter states the actualities, then analyses the reason further. In terms ofsecond part, the feasible basis of founding the presumption of fact in ourcountry is brought forward which is mainly embodied in the theory and practice.The fourth section is about the construction of presumption of fact inour country, the writer give some advices of how to improve thepresumption of fact. Our country shall use the advanced experiences offoreign countries, and perfect our legislation, to make the presumption offact play a effective role in the judicial practice.In the part of conclusion, the writer emphasizes the importance ofthe presumption of fact and the lacking of theory again to appeal to juristto research as soon as possible for impelling the presumption of fact toconvert from theory to practice.