Research on Classification of Presumption and Its Evidentiary Rules

Confined to the traditional classification and the simplified explanation for the basis of presumption,the academic research on presumption is still superficial.The application of the presumption in judicial practice is also in a chaotic state.The value of the presumption is based on policy considerations and value measurement rather than probability.Based on its multiple basis,presumption can be divided into the policy-based protective presumption,the policy-based obligatory presumption,the rules-preseted presumption,and presumption of pure probability.Because of their different basis and various relationships with free evaluation of evidence through inner conviction,different types of the presumption have different effect in the law of evidence and requires different rules of disproval.For the difference of civil law and criminal law,even the same type of presumption should have different rules of disproval in the two fields of law.