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The Rules of Presumption

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Methodology of Judicial Proof and Presumption

Part of the book series: Masterpieces of Contemporary Jurisprudents in China ((MCJC))

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Abstract

On 12th February 2014 in Hebei Province, a joint action was taken by the local Commission for Discipline Inspection, the local Procuratorate and the PSB to arrest Ma Chaoqun, a deputy researcher in the Urban Management Department of Qinghuangdao city and also General Manager of Beidaihe Water Company. A search of Ma’s family homes was carried out and over 100 million RMB in cash and a large quantity of gold was discovered at his mother’s residence. The case caused a sensation and became known as “Little Official, Giant Corruption”.

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Notes

  1. 1.

    Zhao (2015).

  2. 2.

    Liu Yingming, Fuzziness: the Other Half of Accuracy, Beijing: Tsinghua University Press, p. XIII.

  3. 3.

    ibid, p. XV.

  4. 4.

    The author believes that the expression “blemish in maintenance or management” used herein is not quite appropriate, as this expression already contains the meaning of subjective fault, and this is a matter of which the burden of proof lies on the plaintiff. Thus such content deviates from the purpose of the presumption of fault. This is also an example of the lack of standardization in the current expression and formulation of the presumption rules in China.

Reference

  • Zhao, Qingbin. 2015. The Little Official with Giant Corruption. Teahouse Jurists 2: 51–53.

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Correspondence to Jiahong He .

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© 2018 Law Press China and Springer Nature Singapore Pte Ltd.

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He, J. (2018). The Rules of Presumption. In: Methodology of Judicial Proof and Presumption. Masterpieces of Contemporary Jurisprudents in China. Springer, Singapore. https://doi.org/10.1007/978-981-10-8025-8_9

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  • DOI: https://doi.org/10.1007/978-981-10-8025-8_9

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  • Publisher Name: Springer, Singapore

  • Print ISBN: 978-981-10-8024-1

  • Online ISBN: 978-981-10-8025-8

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