逻辑视野下的推定理论分析-逻辑学专业毕业论文.docxVIP

推定就具有经济逻辑的正当性。最后，作者论证了推定法则不仅具有提高诉讼效 推定就具有经济逻辑的正当性。最后，作者论证了推定法则不仅具有提高诉讼效 益，节约司法资源的经济效能，而且也符合人们对程序正义的价值诉求，能够弥 合公平与效率问的分裂。 关键词：推定；逻辑分析 AbstractThjs Abstract Thjs thesis is fomed by three parts as follows： Pan one：The author have summarized the basic theories about the presumption brieny．FiI苫t of a儿，the author proVides the following rough defjnitjon ：presumption refers to a kind of juridical activity of pmving that according to the law of common relation锄ong things，the Judge，from the basic fact tllat had already l(Ilew or has already been proved，in the lawsuit，uses the method of re9soning to infer whether the fact to be proved exists or not，When it may be proVed di例cultly by direct eVidence or be proved by incrcasing lawsuit cost unreasonablely，basing on the 109ic mle and experience rIlle．’nlen， the author haVe inVestigated the historical origin of presumption，and its changing course in the main t、】lro legal system in the world． Finallythe author summarized roughly the academic classification of presumption in the main two legal system and the Viewpoints for these releVant classification of presumption in our country academia． Pan two：Mainly from logic View，the author made the lo舀c justification about presumption by the method of analyzing its structure．First of all，the author belieVes that presumption is superficially constituted by both basic and presumptiVe facts，but neithef are logical implication．In fhct，there is an implied precondition between，the empirical rule ，which is the modal proposition of induction． Secondlythe paper expounds and pToves the basic reasoning form of presumption——the possjble modal syuogism and summarizes。the fomulation．Thirdly，after the justification of the presumption，the special 0r the immcdiate in which there are nO basic facts，are analyzed and proVed in lhe case of“presumption of innocence”．It shoW5 that althou曲 thc pfesumption js a kjnds of 109ic fallacy and not Valid in the form，it，as a choice of system，is rational．L丑stly，through the