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推定并非仅以常态联系为存在基础,而是逻辑理性与社会价值的权衡与统一。事实推定与间接证据证明是两种不同的事实认定方法,前者体现为选择,后者体现为证明。推定会引起证明负担的轻缓化,但由于诉讼双方的证明责任呈同方向相联系的变动,推定并不引起证明责任的转移,也不会降低证明标准。推定和举证责任倒置的区分在于是否转移证明责任,与拟制的区分在于推定所必然具备的可能性因素和拟制所具备的相似性因素两个层面。
The presumption is not based on the existence of normal relations but on the balance and unity of logical rationality and social values. The factual inference and the indirect evidence prove are two different methods of fact identification. The former is the choice and the latter is the proof. The presumption will lead to the slackening of burden of proof. However, as the burden of proof of both litigants is changed in the same direction, the presumption will not cause the transfer of burden of proof nor will it lower the standard of proof. The distinction between presumption and burden of proof inversion lies in whether the burden of proof of transfer is different from that of fiction. The difference between the presumption and the inversion of burden of proof lies in the two factors that are the necessary factors for the presumption and the similarities in the proposed system.