Research On The Application Of Fact Presumption In Civil Procedure

There are more and more social disputes in our society, therefore, fact presumption gets more and more important in the lawsuits as a supplement to recognize the fact of cases. This essay is based on the related concepts, the origin and the value of fact presumption, and it is also combined with the analysis of civil cases such as "the Case of Pengyu" Besides, the essay explores the applicable significance of fact presumption, the dilemma and underlying causes of the fact presumption in the judicial practice.Ultimately the essay rests on the applicable mechanism of fact presumption.The first part of the article is an overview of fact presumption. It includes the definition, the history, the legal source of fact presumption, and points out:firstly, fact presumption is one of evidence rules.It means that the judge shall infer unknown facts to the known facts following the rule of thumb, and it allows the parties to refute;Secondly, although the fact presumption is a legal concept coming from the west, it has its tradition in our ancient times,and there are some terms in the procedure law in our country to support it; Thirdly, the goal of fact presumption is to realize the compromise between subjective truth and objective truth, and to get the balance between them, which is called truth in the law.In the second part, it sets out from system analysis in the basis and influences of fact presumption in practice. Besides, it puts focus on the potential values about the rule of thumb because it is the basis of fact presumption. At last, it also values the positive significances of fact presumption for social stability, harmony and justice itself.In the third part, it summarizes the dilemma and its reasons that presumption faces in the judicial practice.The dilemma includes abuse and avoidance in application. There are some reasons for the dilemma, such as the lag of the public’s and the judges’thoughts, the effects of inspection standards on past judicial practice, which appears to be objective and true, influences of accountability system about misjudged cases, and present executive. All of the above influences fact presumption. In the fourth part, it involves two aspects, such as the principle and mechanism of fact presumption, and several principles of the fact presumption in application. The principles appear to be the principle of secure application, the principle of support for argument, the principle of public trial and the principle of public order and moral.In addition, we need necessary mechanism like cases assembly guidance instruction system, judgment explanation system and regular training system, and some other actions.The article has adopted the methods of literature review and cases analysis to combine theories with practice.There are opinions and suggestions in principles and applicable mechanism for the application of fact presumption.