法律推定规则的适用

Applicability of Legal Presumption Rules

推定是一种为了降低证明难度,依据法律的规定从要件事实之外的基础事实推出要件事实的存在,并允许反驳推翻的机制。推定的目的是降低证明难度,其证明原理是从已知的基础事实推出要件事实,推定的适用规程中需要遵循必须性原则、高度盖然性或排除合理怀疑原则、允许反驳的原则。推定适用需要三个条件,即推定的基础事实已经得到充分的证明,基础事实是要件事实以外的事实,没有相反证据或者相反证据不足以推翻该基础事实。推定的适用的三个步骤分别是提出适用、反驳和裁判。在推定的适用与证明责任的关系中,首先界定了何为证明责任,并且对行为责任和结果责任做出了区分,其次界定了推定与证明责任倒置的区分。

Presumption is a mechanism that can infer legislative facts from basic facts and allow retort based on legal regulations for purpose of reducing difficulty of evidence. Presumption is designed to reduce difficulty of evidence and based on the principle of inferring legislative facts from known basic facts. Under the rules of applicability of presumption, some principles including necessity, inclusiveness, proof beyond a reasonable doubt, rebuttable principle should be followed. There are three conditions for applicability of presumptions, ie, basic facts have been fully proved; basic facts are facts beyond legislative facts; there is no opposite proof or opposite proof is not enough to retort basic facts. Three steps should be followed in applicability of presumption, such as applicability proposal, retort and judgment. In relationship between applicability of presumption and responsibility of proof, we need to define what responsibility of proof is, distinguish responsibility of behavior from that of result at first, and then define the inversion problem between presumption and responsibility of proof.