Research On The Rules Of Presumption Application

Presumption is an important legal issue in both common law countries and civil law countries. Fierce controversies on the concept, principles, constitution and rules of presumption have been going on among the academic circle. So far China has not established its own evidence system of presumption. In practice, because China's evidence system of presumption is far from matured, the judges have great difficulties when applying presumption in trial. It is necessary to research on and look at again our current civil evidence system of presumption. The writer intends to analyze from both the theoretical and practical perspectives, and conclude the Golden Rules of fact presumption, such as principle of three elements, principle of high probability standard, principle of due notice presumption, principle of rebuttal presumption, principle of initiation by application, etc. Systematic, detailed and practical rules and procedures on applying presumption are formed on the basis of above principles. Rules of presumption, separated from substantive laws and procedural laws, will be concluded and improved as a system, and generates an independent charter on presumption, in an independent Evidence Law, providing the principles, conditions, scope and procedural rules on the application of presumption. This article compares the differences and pros and cons between the systems of presumption home and abroad and analyzes the defects and insufficiencies of China's civil litigation system of presumption from a substantial, brand new and practical perspective. This article is also intended to highlight the successful experiences in the research of this doctrine home and abroad and think of constructing new models with new ideas on China's civil system of presumption.