Definition And Perfection Of Presumption Of Facts In Civil Proof

Presumption of fact is different from direct proof and presumption of law.It is a special proof method used by judges at their discretion.This particularity is manifested in the fact that it establishes the normal relationship between the known facts and the presumed facts according to the rule of thumb,and the unknown facts are presumed from the known facts.It is a method for judges to use their subjective initiative to determine legal facts when there is no evidence in a court trial.It has arbitrary applicability and is essentially a reasoning activity.Presumption of fact and prima facie beweis are slightly different in terms of scope of application,use of rules of thumb and applicable stabilizing effects.The latter has some advantages over the former.But presumption of fact covers the prima facie beweis to a certain extent,and prima facie beweis is just its typical application.The facts presume that the rules of thumb are widely used by presumption of fact.At present,Chinese law may not be able to replace the use of this legal system by citing the prima facie beweis.Presumption of fact is supported by the free mind system and the high probability proof standard,and based on the rule of thumb and the deduction.The application of this system allows the parties to refute when it is presumed that the facts to be proved exist.And it does not have the effect of changing the objective burden of proof,but it can switch the specific burden of proof,which can become a method of reducing the burden of proof.It can prevent the judge from directly judging based on the burden of proof when the evidence can be confirmed according to the known facts and rules of experience.China's formal legislation does not provide for a degree of factual extrapolation,and the applicable basis that can be found is the judicial interpretation of the Supreme People's Court.At the same time,in the absence of specific and operable legal norms,the judicial application of the presumption of facts in China also has many problems.Therefore,it is necessary for China to introduce the "Evidence Law" or to amend the "People's Republic of China Civil Procedure Law" in the future.Judicial practice should also establish related supporting systems,and focus on building the judicial concept and improving the judge's trial level to improve and regulate the use of this proof method.