| Presumption is a special way to establish facts through the affirmation of the normal linkage between foundational facts and unknown facts. To conclude the presumption,there must be true foundational facts; the foundational facts to be presumed must be evidences with probability;the two possibilities inherent in the probability should form the relationship between the normal linkage and the abnormal linkage;and we should follow the rule of priority,which means that in the normal linkage and abnormal linkage of facts we must affirm the formal rather than the latter. There are two sequences of a presumplion,one is the procedural sequence with inevitability to happen, bringing the transfer of the proof burden between parties; the other is the substantial sequence with the possibility to happen,making the other party assume disadvantageous results. |
京公网安备11010102006664号 京ICP备2023015853号