法律推定与证明责任的关系,是研究法律推定问题的核心;而法律推定与证明标准、证明程序的关系,则是法律推定与证明责任关系的延伸。因此,以证明责任为核心的证明制度与法律推定的关系,是研究法律推定问题必须重点分析的课题。目前为止,学界对此问题的研究,多是按照比较法的研究思路展开构建,且观点各异。概言之主要包括三派主张:大多数学者主张借鉴英美法系的概念体系解释中国的现象,部分 The relationship between legal presumption and the burden of proof is the core of studying legal presumption. The relationship between legal presumption and standard of proof and procedure of proof is an extension of the relationship between legal presumption and burden of proof. Therefore, the relationship between the proof system with the burden of proof as the core and the legal presumption is a topic that must be analyzed emphatically in order to study the presumption of law. So far, most of the studies on this issue have been carried out by the academic circles according to the research ideas of comparative law, with different views. The summary includes three main propositions: most scholars advocate drawing lessons from the conceptual system of Anglo-American legal system to explain the phenomenon of China, part