The concept of presumption has a degree of fuzziness or ambiguity,and the theory of presumption has some confusions.Therefore,it is necessary to define the three progressive criteria for the concept:presumptions are d...The concept of presumption has a degree of fuzziness or ambiguity,and the theory of presumption has some confusions.Therefore,it is necessary to define the three progressive criteria for the concept:presumptions are determinations of unknown facts or disputed facts;presumptions are indirect fact finding based on inference;presumptions are legal rules of fact finding.Instead of discussing the intersected and overlapped categories of presumptions,the author illustrates the eight paradigms of presumptions in Chinese laws:the paradigm of state,the paradigm of right,the paradigm of behavior,the paradigm of cause,the paradigm of fault,the paradigm of meaning,the paradigm of knowing and the paradigm of purpose.展开更多
文摘The concept of presumption has a degree of fuzziness or ambiguity,and the theory of presumption has some confusions.Therefore,it is necessary to define the three progressive criteria for the concept:presumptions are determinations of unknown facts or disputed facts;presumptions are indirect fact finding based on inference;presumptions are legal rules of fact finding.Instead of discussing the intersected and overlapped categories of presumptions,the author illustrates the eight paradigms of presumptions in Chinese laws:the paradigm of state,the paradigm of right,the paradigm of behavior,the paradigm of cause,the paradigm of fault,the paradigm of meaning,the paradigm of knowing and the paradigm of purpose.
