Abstract: This article examines in detail the concept and nature of the presumption, as well as the basic facts of the presumption and their nature (including the basic facts of legal presumptionand theirnature, and the basic facts of fact presumption and their nature), and comes to the following conclusions: ( 1) Presumption refers to a method of evidence judgment whereby a certain subject proceeds from basic facts and finds presumed facts, or a method of evidence judgment whereby a certain subject proceeds from basic facts and assumes (hypothesizes) the existence of presumed facts. This is a new definition different from the previous ones.(2) Presumption is objective and rebuttable. The objectivity of presumption is relative, and refutation should be allowed.(3) The basic facts of presumptions (including legal presumptions and factual presumptions) are objective. However, compared with the basic facts in legal presumptions, the basic facts in fact presumptions are not statutory. Finally, the articlesuggests that legislative means should be used to stipulate the concept and nature of presumption and the nature of the basic facts of presumption, so as to provide basic guidelines for the judicial practice of various presumptions.

Keywords:presumption; legal presumption; fact presumption; objectivity; rebuttable; basic facts

Author:presumption; legal presumption; fact presumption; objectivity; rebuttable; basic facts.

Source: 9 (2021) Journal of Law Application.