论事实推定与间接证据证明的关系

On Relationship between Deduction from Facts and Identification by Indirect Evidence

文章探讨了事实推定与间接证据证明之间的关系,认为事实推定只不过是对于我们已经掌握的间接证据通过运用推理这种思维工具,将间接证据与案件事实联系起来,使间接证据能够起到证明案件事实某一环节的作用,即事实推定是法官在认证过程中的一种推理活动,事实推定就是一种间接证据证明;并进而说明事实推定不是一种降低了证明标准的间接证据证明,而且并非所有的间接证据证明都是事实推定。

This paper discusses the relationship between deduction from facts and identification by indirect evidence. It holds that we can relate the indirect evidence with the case through deduction from facts so that the indirect evidence can play some parts in the examination of a case. Deduction from facts is actually a deductive activity in the examination of a case. Deduction from facts is, in a sense, an identification by indirect evidence. However, the paper emphasizes that deduction from facts is not identification by indirect evidence by some reduced proof standards ; what＇s more, not all identification by indirect evidence are deduction from facts.