论结论性推定与拟制的区别

The Difference between the Conclusive Presumption and the Fiction

法律学上的拟制概念与推定概念是有区别的 ,但学界在这两个概念上存在模糊认识 ,认为结论性推定也是一种拟制。本文将从考察拟制和推定概念的基本含义出发 ,来表明这两个概念是严格区分的 ,并不存在交叉关系。

The concept of fiction is different from the concept of presumption in legal theory,but some scholars think that the conclusive presumption is one kind of fictions.This article will expound and prove from the basic meaning of fiction and presumption that the two concepts are different,and there is no intercrossing relation between them.