Research On The System Of Prima Facie Beweis

In judicial cases,due to the existence of direct evidence,the difficulty of proof of causality,and the unfair distribution of traditional burdens of proof,the results of many cases cannot be convinced by the parties,thus impairing the judicial credibility of the court and real justice cannot be achieved.According to this,it is particularly important to prove that the introduction of the prima facie beweis that overcomes the difficulty of proof of the case and guarantees the equality of the parties in the litigation of weapons in China.In addition to the theoretical research of the academic circles,the relevant jurisprudence in China’s judicial practice has made judgments on the case through the use of the system of prima facie beweis,but there are still many shortcomings in its specific application.The prima facie beweis proves that the research and application of some countries or regions outside the domain has matured day by day.Based on the theoretical research foundation at home and abroad,combined with the specific application of judicial practice in China,the article studies the prima facie beweis by means of literature research,case analysis and comparative research.The first chapter of the article mainly discusses the basic theory of the prima facie beweis,and analyzes its concept,nature and composition.The second chapter analyzes the status quo of the legislative and judicial practice of the prima facie beweis,expounds the absence of it in the legislation and the lack of the relevant supporting system,and the combing argumentation situating according to the relevant precedents proves that there is an unclear scope of application,inappropriate application of the rule of thumb,insufficient protection of the rights and interests of the parties,the judge’s discretion is too large and the presumption of fact replaces the confusion of application.The third chapter discusses and analyzes the system of prima facie beweis outside the domain,and draws the useful experience of extraterritorial country and regional the system of prima facie beweis in terms of application scope,precedent system and relief channels.The last chapter in the analysis of China’s construction of the prima facie beweis has the actual needs and objective basis,from its applicable method path,conditions,scope,procedures,and so on,combined with the establishment of the prima facie beweis related supporting system,for china to introduce the system of prima facie beweis to put forward a more complete program.