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民事审判实务中以事实推定认定案件事实是有其正当性基础的。民事审判实务中事实推定的常见类型有根据常理常情、风俗习惯、经验法则和逻辑推理四种。民事审判实务中事实推定的正确运用有赖于立法和司法解释以及案例指导,也离不开通过广泛宣传达成的共识以及法官素质的提高。
In the civil trial practice, the factual determination of the facts of a case is based on its legitimacy. The common types of factual presumptions in civil trial practice are based on common sense, custom, rule of thumb and logical reasoning. The correct application of factual presumptions in civil trial practice depends on legislative and judicial interpretations and case guidance as well as the consensus reached through extensive publicity and the improvement of the quality of judges.