对《最高人民法院关于民事诉讼证据的若干规定》(法释[2001]33号。以下简称《规定》)第4条第3项、第7项、第8项的规定,审判实践中称作因果关系的举证责任倒置,法学理论上则称推定因果关系。从方法论层面看,推定因果关系与审判实践中判断证据认定事实的类似方法,有着许多相似的地方,不容易把握。同时,推定因果关系是认定侵权责任的新规则,基本属于多元归责理论体系。在侵 The provisions of Article 4, paragraphs 3, 7 and 8 of the “Provisions of the Supreme People's Court Concerning Evidence in Civil Proceedings” (Fushi [2001] No. 33, hereinafter referred to as the “Provisions”) are called in judicial practice The burden of proof of causality is reversed, and in theory of law it is presumed causal relationship. From a methodological level, there are many similarities between the presumption of causation and the similar methods of judging the facts of evidence in judicial practice, which are not easy to grasp. At the same time, the presumption of causality is the new rule of determining tort liability, which basically belongs to the theory of multiple imputation. Invaded