西南石油大学学报(社会科学版) ›› 2010, Vol. 4 ›› Issue (6): 45-49.DOI: 10.3863/j.issn.1674-5094.2010.06.009

• 政治学与法学 • Previous Articles     Next Articles

RESEARCH ON PRESUMPTION

JIN Ling-fei   

  1. Graduate School,China University of Political Science and Law,Beijing,100088,China
  • Received:1900-01-01 Revised:1900-01-01 Online:2010-11-20

Abstract: The natural limitations of inductive reasoning means that presumption is of probability and subjectivity.Therefore,rules and regulations are set to guarantee the authenticity of presumptions.As an alternative to the evidentiary adjudication,it plays an irreplaceable and important role in proving any cases that cannot be proved conclusively or disputably based on evidence.However,the insufficiency or subjectivity of the rule of thumb or logic results in the inherent limitation of presumption-probability of truth.Therefore,presumption can only be used as a supplementary means of case investigation.For the same reason,it is necessary to sketch a series of regulations to reduce its negative effects to the maximum degree.

Key words: presumption, presumption of law, presumption of fact, burden of proof

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