Analysis On The Presumption Of Faulty Facts

Presumption of facts is the method of proof which presumes factum probandum frombasic facts according to the rules of thumb by the judge, and allows the parties to challengewith contradictive facts. There are various opinions on whether this method exists or not inthe academia. On the determination of the faults, Chinese tort law regulates thepresumption of law instead of the presumption of facts. Presumption of facts is actuallyapplied in the judicial practice, taking res ipsa loquitur for reference, which guides to bebetter applied in the determination of fault in the tort law. Presumption of facts consistsbasic fact, rules of thumb and presumptive facts. The internal relation between basic factsand presumptive facts is applied in the presumption of fact, which presents a kind ofprobability. Presumption of facts itself does not transfer objective beweislast, it onlytransfer subjective bewislast by judge’s temporary mental impression. The application ofthis method alleviates some certain difficulties of factual proof, avoids lawsuit coming to adeadlock and speeds up the process of litigation. But the application of this method has tobe regulated because of its own flaws like Subjectivity and probability etc.