Research On Presumption Of Knowledge

Presumption of knowledge is an important way to identify knowledge bypresumption. But the application of presumption of knowledge brings some newproblems. Factual presumption is excluded from presumption. Its connotation ismisunderstood and its practical function is neglected. This thesis analysis the conceptof resumption of knowledge, it concludes that presumption of knowledge is thespecial form of presumption, which it is restricted by regulations when it was appliedto identify knowledge. It tried to explain the rationality of presumption of knowledgeand give a new connotation in this thesis.This thesis is consisting of four parts.The first part is summary. This part firstly introduces the basic concept andclassification of presumption. It focus on explaining the necessity of the research ofpresumption through analyzing the confusion of the current concept and complicationof classification, on this basis, It conclude presumption of knowledge is used topresumed specific knowledge. it is factual presumption, and it is allowed to providenegative proof, and it have the same effect as evidence.The second part is the basis of presumption of knowledge. On the one hand, itintroduces the theoretical basis, analyzes the necessity, feasibility, rationality ofpresumption of knowledge. On the other, it discusses the judicial basis. It explores theproblems of presumption of knowledge in the legislation and jurisdiction, such as theconfusion between presumption of knowledge and inference of fact, the lack ofnegative proof, in order to prepare for setting up the regulations of presumption ofknowledge, through summing up the rules of the application of presumption ofknowledge both at home and abroad.The third part is the regulation of presumption of knowledge. According to thesecond part, examine the regulations of presumption of knowledge. Propose generalregulations of presumption of knowledge: Supplementary proof regulations, basicfacts must be truthful and reliable, negative proof. The common regulations: presumeknowledge from the objective aspect of crime, seriously restrict the situation ofpresumption of knowledge, and treat negative proof seriously.The fourth part is the application of presumption of knowledge. It try to explorehow to presumed knowledge in the specific case, through discuss related criminalcases, such as the presumption of knowledge of crime of raping underage girls、thepresumption of knowledge of drug crime and the presumption of knowledge of Mafia-type organized crime.