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梅森·拉德介绍他最近的论文说:“尽管广泛的评论一直致力于推定这个主题,但在它们的运用应当如何得到规制的问题上仍未达成一致”。1在这一点上,拉德院长无疑是正确的。2在民事诉讼3推定的性质及其适用规则的问题上,争论一直僵持不下,4而由这些争论所引发的混淆也未曾展现出缓和的迹象。詹姆斯.布拉德利.塞耶在将近一百年前就说过:“在我们的案例中,无数主张都是以推定名义出现的,而且在种类上是那样不同且无可比性,在构思和表述上是那样的随意,完全缺乏缜密思考,根
Mason Ladd, who introduced his recent paper, said: ”Although a wide range of commentary has been devoted to the presumption of this topic, there is still no agreement on how their application should be regulated.“ 1 At this point, President Rad was undoubtedly correct. 2 The debate has been deadlocked on the presumptive nature of civil action 3 and its applicable rules, 4 and the confusion emanating from these arguments has also shown no signs of easing. James Bradley Seychel said nearly a hundred years ago: ”In our case, countless claims are made in the name of presumption, and they are so different and incomparable in kind Ideas and expressions are so arbitrary, completely lacking in thought, roots