推定的适用要遵循一定的条件及原则。
The application of presumption should follow certain condition and principle.
事实推定的适用必然对证明责任产生影响,主要体现在主观证明责任的转移。
The fact that the application of the presumption the burden of proof is bound to have an impact is mainly reflected in the transfer of the subjective burden of proof.
然而在刑事法领域,由于推定结论的盖然性以及受到“无罪推定”原则的影响,推定的适用受到一定的限制,无从发挥其应有的作用。
However, in criminal lawsuit area, Presumption can not be brought into play because it is limited by the probability of conclusion and the principle of Presumption of Innocence.
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