随着我国法律制度不断完善,关于事实推定和法律推定两种的诉讼功能也截然不同,在民事诉讼中使用的基本规则也分为这两种。与此同时,为了有效使其在审判活动中更加实用化,也制定了一系列相关的程序性模式。在此基础上,也为了有效使攻击与防御手段获得平衡,不会对另一当事人造成救济影响。因此,本文就以证据推定为主,着重探讨在民事诉讼证据推定在审判活动中的适用模式与方法。 With the constant improvement of the legal system in our country, the litigation functions of both the presumption of fact and the presumption of law are also quite different. The basic rules used in civil litigation are also divided into two kinds. In the meantime, in order to effectively make it more practical in trial activities, a series of related procedural models have also been formulated. On this basis, and in order to effectively balance attacks and defenses, it will not cause any relief to the other party. Therefore, this article is based on the presumption of evidence, focusing on the application of presumption of evidence in civil trial mode and method.