Presumption System

In the long lawsuit practice of the human, the court in the time of determining some case fact, besides massive gaining all evidence or primary evidence related to the case and deciding how to do after generalized analysis, sometimes, the resolution, must use the presumptive principle to resolve the problem. The presumption is evolves by the deduction. In social practice, the people may induce some kinds of phenomenon conclusion by owner's or other people's experience, which is deduces. And has some deductions, its result is frequently same, this then becomes one kind of presumption principle.Although the history of presumption is quite glorious, but there actually has wide divided opinions about the concept of presumption. Taiwan scholar Li Xuedeng thought that"the presumption for the law in the terminology, usually refers to one principle or one kind of deduction says. Is suitable this terminology to express that some fact or certain facts with a fact with certain fact's between relations, our country scholar generally, so-called presumption are refer to according to the legal rule or by the court according to the empirical rule from the known foundation fact inference unknown presumption fact existence, and allows the litigant to propose the counter-evidence overthrows one kind of evidence principle. Generally, presumed that the fact divides into two parts; first, as the inference or recognized that the basis the fact, is called the foundation fact; Second, according to the foundation fact recognized that its existence the fact, is called the presumptive fact.According to the historical data record, presumed that takes an item of existing writing the rule, begins in the Roman law most early. Mainly includes in the Roman law's presumption: The death presumption that the child born in wedlock presumed that wants the type business to estimate, the good intentions presumed that holds for all presumption, holds the meaning presumption. Also day by day consummates in the nowadays various countries' evidence legislation to the presumption stipulation. For instance has stipulated the quite exhaustive presumptive principle in 1968 "the British Evidence act": In the innocent presumption, the marital case is missing likely the presumption, the original spouse are still living presumption and so on, these are the rule to the Roman law in the consummation and the supplement. In our country history judge handles a case has the law legally, depends on the reason without the principle. Takes the proceedings of case fact by the reason the basis, has contained the presumptive factor. In our country ancient times in the substantive law and the procedural law, did not have the presumption stipulation.Our country about the presumptive aspect's fundamental research, mainly started in the early-1980s. At present our country was still very weak about the presumption fundamental research, some aspects even have the blank. Mainly displays in: Its one is insufficient regarding the presumption elaboration in fact; Second, the function elaboration which estimated regarding the civil action in are very few. This article is precisely the present situation which presumed from the theory and our country judicature practice embarks, hoped that can presumptive system's consummation and the enrichment put forward some reasonable proposals.Presumptive constitution important document: First, uses for the foundation fact which estimated to be real reliable. The foundation fact's authenticity is the presumption tenable prerequisite. Second, is suitable between each possibility judgment which the presumption makes to have general and individual, universal and the special relations, this enables us according to qualification to choose, by greatest degree guarantee presumption accuracy.Presumption existence rationale and value: Because the people knew that the outside world needs to receive the detachment condition inevitably the limit, regarding any lawsuit activity, because received the time and at that time the epistemic means limit, the related case fact's many first material have not been able to retain effectively promptly, caused us to be unable in the majority situations to grasp can prove directly the case fact the inevitable evidence, but in the lawsuit in the non-inevitable evidence's situation, judge inferred, the confirmation case fact only to be able to rest on the known probability evidence, this had decided in the lawsuit activity must be suitable the presumption. The presumption is suitable also has in the philosophy foundation.The presumption has manifested civil action's two great value goal - fair and the efficiency. The presumption reasonable utilization, conforms to the lawsuit fair standard of value; The reasonable presumption has manifested the lawsuit efficiency value goal. consummates our country to presume that system's legislation devised: The presumption is only one kind of reasonable hypothesis, it exists the value is because when lacks the enough positive evidence, people take some kind of fact which the causally relatedinevitability makes according to the thing between as really or false hypothesis, thus is advantageous to dispute's solution. But, this kind of hypothesis has the probability ingredient, is impossible completely and the fact match case gathers. The correct understanding presumption rule's flaw and the consummation strict rules and regulations measure, is suitable this rule correctly the key. Our country's civil action must set up the comprehensive presumption system, also said that must establish the legal presumptive system and the fact presumptive system, the author suggested comes up the understanding presumption from the generalized meaning, might refute the law presumed that with the law which cannot be refuted presumed is being legislated to have manifests. Under the situation which the law presumed the applicable legislation to presumption, does not have under the situation which the law presumed to be suitable the fact presumption.To various countries presumed that the legislative style carries on the analysis in the foundation, myself suggested that adopts the way which in the legislative indication the synthesis induces and classifies enumerates unifies, both to the presumption the definition, the classification and the potency question has made the principle stipulation, and has made enumeration according to groups to presumption each kind of situation, the concurrently both's strong point, uses the centralism legislation in the legislative system design the way, will see here and there in the substantive law and the procedural law presumption rule unification stipulation in the evidence act, enables it to have the good foresightedness and the feasibility.therefore in future evidence legislation, must profit from various countries' the experience, the union judicature practice, and formulates the related presumption rule as soon as possible, causes judge when the presumption has according to may follow, simultaneously also needs to strengthen the related system's construction, for the presumption system's development building good environment, realizes the trial fair and the efficiency.