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什么是推定历来是学者争论的话题。有人认为推定是推理、推论、假定或拟制;有人认为推定是规则、制度或司法证明的方法。本文认为这些有关推定的观点,在各自的范畴内都具有一定的合理性,但也都有一定的片面性,无法囊括推定的多重属性,推定在法律上的定义应当反映其性质的各个方面,指由一定事实的存在经推理而认定另一事实存在的证明方法或结果,以及因此而形成的法律规范和制度。
What is presumption has always been a topic of debate among scholars. Some people think that the presumption is inference, inference, hypothesis or fiction; some people think that presumption is a rule, system or judicial proof. This paper argues that these opinions about presumption have certain rationality in their respective scopes, but they also have certain one-sidedness and can not encompass the multiple attributes of presumptions. The presumption is that the legal definition should reflect all aspects of its nature, The method or result of the proof of the existence of another fact through the existence of a certain fact, and the legal norms and institutions that result therefrom.