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刑事司法领域所涉及的利益较为重大,但推定仍然有适用的空间。证明责任的分配并非全部是由推定引起,但是推定在诉讼中通常会对证明责任的分配产生影响。不可反驳的推定将产生证明责任的免除效果;可反驳的推定中法律推定将引起举证责任倒置;事实推定则引起举证责任的转移。
The interests involved in the area of criminal justice are more significant, but the presumption still has room for application. Not all assignments of burden of proof are motivated by presumptions, but the presumption is that litigation generally affects the distribution of burden of proof. Irrestimation of the presumption will have the effect of exemption of the burden of proof; rebuttable presumption of presumption of law will cause the burden of proof upside down; the presumption of fact leads to the transfer of the burden of proof.