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鉴于中国台湾地区刑事实体法师承大陆法系而刑事诉讼制度转投英美法系的现状,其推定制度有其独特性,作为分析的样本具有一定的代表性。本文从推定与犯罪构成的关系、法律推定与事实推定、推定的限制等方面,详细阐述了中国台湾地区相关的法制和法学发展,并提出对于中国大陆相关法律制度建立和完善的借鉴与启示作用:中国的犯罪构成理论亟待完善,事实推定与间接证据证明的关系需要厘清,推定的设置和使用都应当有所规制。
In view of the fact that the criminal substantive magistrate in mainland China Taiwan has inherited the civil law system and that the system of criminal procedure has been transferred to Anglo-American legal system, its presumption system has its own uniqueness. As a sample of the analysis, it has certain representativeness. This article elaborates the development of the relevant legal system and jurisprudence in China Taiwan in terms of the relationship between the presumption and the composition of the crime, the presumption of law and the presumption of fact, the presumption of limitation, and proposes the reference and enlightenment for the establishment and perfection of the relevant legal system in mainland China China’s theory of constitution of crime needs to be perfected. The relationship between de facto inference and indirect evidence needs to be clarified. The establishment and use of presumption should be regulated.