论推定及其在法律实践中的运用

On Deduction and Its Application in the Practice of the Laws

推定是指根据已知的事实,依照法律的规定,对未知的事实所进行的推理和确定。推定可分为刑事推定和民事推定、实体推定和程序推定、绝对推定和相对推定、事实上的推定和责任上的推定。刑事推定有利于人权保障,当慎之又慎,民事经济案件的审理中推定同样有着举足轻重的作用,法律实践中重视对法律推定的研究,对实现依法治国的宏伟蓝图有着深远意义。

Deduction means the reasoning and confirming of unknown facts according to known ones and legal regulations. Deduction can be classified into criminal and civil, entity and procedure, absolute and comparative, fact and responsibility deductions. Criminal deduction is propitious to the protection of human rights and needs to be taken cautiously. It also plays an important role in civil economic cases. The attention to the research of legal reduction in the practice of laws is significant for the realization of managing state affairs according to law.