论文部分内容阅读
证明责任是在当事人的辩论已经结束,但案件事实仍真伪不明时,为解决法官的裁判困难而建立的一种制度,而事实推定却是一种从已知的前提事实推断未知的结果事实存在的证明方法。也就是说,当运用事实推定进行证明时,只要证明了基础事实,同时又没有相反证据存在的话,就可以推出推定事实为真,但也不排除因对方当事人提出反证,而又使推定事实陷于真伪不明的状态。此时,证明责任该如何分配呢?推定的存在对证明责任的分配会不会产生什么影响呢?本文对二者之间的关系作了简要的探讨。
The burden of proof is a system established to solve the judge’s judicial difficulties when the parties’ debates have ended but the truth of the case is still unknown. The factual presumption is a result of unknown facts deducted from the known premise facts Existence of proof methods. In other words, when the proof of factual presumption is used, as long as the basic fact is proved and there is no evidence to the contrary at the same time, it can be deduced that the presumptive fact is true, but it does not exclude that the presumptive fact is trapped Authenticity unknown state. At this point, how to prove the responsibility of the distribution? The presumption of existence of the distribution of the burden of proof will have any impact on it? This article on the relationship between the two made a brief discussion.