一、推定概念界说推定是一个古老的概念,早在古罗马时代就有“一切主张在被证明前推定其不存在”的证明规则。然而,推定语义的歧义却是至今仍未能解决的问题。美国法中,推定被喻为“魔术词语”。拉夫林教授在对司法实践中推定一词的使用情况考察后发现,推定大概在八种不同意义上使用:表示法庭的一般倾向;指一种权威性的推理原则;作为一项实体法规则;作为一种确定说服负担的规则;指一种可以容许的推论;表述一种符合立法规定的初步成立案件;指司法认知的 I. The concept of presumption The presumption of presumption of presumption is an ancient concept. As early as in Roman times, there was a proof rule that “all propositions presumed their existence before being proved.” However, the presumption of semantic ambiguity is a problem that has not been solved so far. In American law, the presumption is known as “magic words ”. After examining the use of the term presumption in judicial practice, Professor Lavlin found that the presumption was probably used in eight different senses: the general tendency of court, the principle of authoritative reasoning, the rule of substantive law, As a rule to determine the burden of persuasion; refers to an inference that can be tolerated; states a prima facie case that conforms to the legislative provisions;