The Logic of Civil Presumption Application and Its Expansion

Judging from the purpose of establishment, presumption refers to a rule of fact determination that assumes facts through basic fact inference when evidence is absent. Presumption must have three basic elements: basic facts, hypothetical facts and inference basis. These three elements are respectively the logical premise, logical conclusion and logical foundation of presumption in terms of functional orientation, and all reflect the essential characteristics of presumption without proof required. According to the different inference basis, presumption can be divided into presumption based on high probability rule of experience and presumption based on mandatory legal provisions, which should be presented separately in logical structure to illustrate different occurrence principles and operation characteristics under presumption classification. There are three groups of confrontation relations in presumption logic: basic facts-refutation basis, inference basis-refutation basis, hypothetical facts-independent basis. These confrontational relationships embody different element effects and expand the legal effects of confrontation. On the basis of clarifying the logic of presumption, we should focus on the applicable conditions of presumption in judicial practice, and establish supporting safeguard measures to promote the normative application of presumption rules.