Research On Presumption Under The Proof Predicament Of Criminal Elements

Most of the research on presumption are limited in the field of the law of evidence, so there are few discussions from the perspective of substantive law.This article is selected to solve the crime elements proved difficult point of view as a starting point of research, demonstration of principle and presumption, presumption is presumed to exist the necessity of value effect, putative positioning, pointed out that the presumption in solving the crime elements that played an important role in difficulty.First of all, in a clear understanding of the difficult to obtain the necessary evidence and cause crime elements proved difficult basis, puts forward the necessity of the establishment, points out that the presumption is based on a fact finding method between basic facts established by law or rule of thumb with the facts to be proved can refute. Also,analyzed the presumption can solve the three major causes of crime proved difficult:presumption is a method of ascertaining the facts, presumption can be reduced standard of proof and presumption can shift the burden of proof. Then,mainly discusses the application of presumption principle and method, that the presumption would associated some drawbacks in simultaneously solve proved difficult, so it must be from the limit, justification, not two damage, refutability, accused the equivalence of presumption principle applicable to limit, so as to ensure the application of presumption the substantive justice, procedural justice requirements. At the same time sorting rules scattered in various judicial documents, to tease out the presumption in solving crimes knowingly elements, objective elements, elements of behavior that apply in difficulty, and summarize the presumption can enhance the lawsuit efficiency, promote the importance of prosecution standard etc. At last, introduces the constructive in solving the crime proof difficult positioning method system, through the comparison of degradation, charges and strict liability and legal quasi, clear presumption is a beneficial supplement from the procedural law of entity law itself is not perfect and has proved difficult, points out the importance to study the integration of criminal.