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Fact Presumption in Civil Procedure

Author: ZouHanNong
Tutor: WangFuHua
School: Shanghai Jiaotong University
Course: Legal
Keywords: Presumption of fact The rule of thumb Be applicable
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 88
Quote: 1
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Abstract


Presumption of fact refers to the judiciary or judges reasoning according to the rules of thumb based on the known facts of the alleged facts are true litigation activities , also called the basis of known facts facts facts to be proved , also known as the presumed fact . Reasonable in the existence of the rule of presumption of fact , it contains a profound theoretical basis behind the theoretical basis of the presumption of fact can be roughly divided into the objectivity of the rule of thumb and the relative high degree of probability , prove two aspects . Presumption of fact has a very important significance in the proceedings , and its use is conducive to a lawsuit economic and litigation efficiency , help to promote the party's reasonable to assume the burden of proof , is conducive to the expression value orientation to achieve social justice . Presumption of fact more and more attention and use of the various countries , but the fact that presumption can only be applicable only in cases that meet certain conditions , the basis of the fact that it requires the presumption must be highly credible , highly basic fact and the presumed fact probability , and the presumption of fact the adverse party there is no evidence to the contrary be rebutted . The fact that the application of the presumption of inevitable impact on the burden of proof is mainly reflected in the transfer of the subjective burden of proof . Presumption of fact there are of course the reasonable value of its existence , but because of the facts presumed inherent limitations, as well as China 's current legal the perfect specification no presumption of fact , lack of maneuverability in the judicial practice , leading to the presumption of judges in the applicable facts to produce wanton and at a loss , so a correct understanding of the limitations of the presumption of fact , is the key to improve the presumption of fact , to the presumption of fact more standardized , so that it has a strong operational , it is necessary to improve the legislative presumption of fact , improve the presumption of fact should follow the principles and specific operational measures .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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