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诉讼证明以提供证据为主,但由于时间、能力和技术的限制,不可能每一个案件都能通过证据还原本来面目。这就使得推定制度有了存在的价值,我国《证据规定》中规定推定的根据有法律规定和事实两种。事实推定由于其本身的特点和立法依据的缺乏导致了其适用上的缺陷实践中滥用普遍;但是作为一种重要的辅助性证明方法,它在诉讼证明特别是刑事诉讼证明中的作用不可忽视,所以研究事实推定在我国刑事诉讼证明中的运用就具有理论和实践两方面的意义。
The evidence of litigation is based on the evidence provided, but due to the limitation of time, ability and technology, it is impossible for every case to restore its true features through evidence. This makes the presumption system has the value of existence. The stipulation of presumption of evidence in our country is based on the law and the fact. Because of its own characteristics and the lack of legislative basis, the de facto presumption of abuse is generally abused in practice. However, as an important method of supporting evidence, its role in litigation proves, especially criminal procedure proof can not be neglected, Therefore, it is of theoretical and practical significance to study the de facto presumption in the proof of criminal procedure in our country.