The Object Methods Of The Civil Presumption

Civil presumption is an important truth-finding method, which can be classified into civil legal presumption and factual presumption. Civil legal presumption based on substantive law, and the civil substantive law decides the distribution of the burden of proof in continental legal system. Civil legal presumption is special rules in the the distribution of the burden of proof, which has converts the factual burden of proof. But in china, civil legal presumption isn’t distinguished from the similar cnncept. Identical standards aren’t clear, which leads to many problems in the theory and practice. These problems relate the burden of proof and other-side parties’ refuting rights. So, this article probes the civil legal presumption’s rufuting problems.This article begains in the definition of civil legal presumption, then indicates the problems of the distinction between civil legal presumption and civil legal fiction in the usage of civil legal presumption. Through detailed analysis among logic relationship of the condition and results in all the controversially substantive clauses, the text find that the key of dintinguishing the civil legal presumption and civil legal fiction is the logical homogeneous in the structures of these controversially substantive clauses. Basing on the actual situation of the substantive law in our country, this text claims the generalized concept of civil legal presumption in continental legal system as the suitable definition of civil legal presumption to our country. In this way, this article brings the legal fiction and other similar conception into our reascher. After defining the procedural effect of the civil legal presumption, this text reconstructs the chassification of civil legal presumption. Then, this article talks about the refuting method of every kinds of civil legal presumption.This article contains five parts, which has thirty thousands words.The first part talks about the refuting problems of the civil legal presumption. This article begains in the definition of civil legal presumption, then indicates the problems of the distinction between civil legal presumption and civil legal fiction in the usage of civil legal presumption. Through detailed analysis among logic relationship of the condition and results in all the controversially substantive clauses, the text find that the key of dintinguishing the civil legal presumption and civil legal fiction is the logical homogeneous in the structures of these controversially substantive clauses. Basing on the actual situation of the substantive law in our country, this text claims the generalized concept of civil legal presumption in continental legal system as the suitable definition of civil legal presumption to our country. This text reconstructs the chassification of civil legal presumption.The second part takes about the procedural effect of the civil legal presumption. This text uses the theory of burden of proof in continental legal system to analyes the procedural effects of the civil legal presumption, which contains narrow civil legal presumption、 legal fiction、tentative real presumption.The third part takes about the reconstruction of the civil legal presumption. Basing on the the logical homogeneous, this text divided the civil legal presumption into homogeneous presumption and heterogeneous presumption. The homogeneous presumption contains the legal fiction and notion rules, the heterogeneous presumption includes narrow civil legal presumption and tentative real presumption. According to the second part’s conclusion, this text takes continent-situation presumption as one of homogeneous presumption.The fouth part talks about concrete refuting methods of the civil legal presumption. Basing on the conclusions of the second and third part, this text talks the refuting methods of the civil legal presumption concretely.The fifth part talks about the improvement of the legislation. Firstly, this text evaluates the current clauses of the civil presumption, then, this text puts forward several suggestions about its’ improvement.