قاعده سازی و مصداق شناسی در اماره ی قضایی

This article responds to the these two major questions, 1. Are there any certain principles and norms in judicial presumptions? 2. In judicial doctrine and proceedings, how are the evidences of judicial presumption introduced and then how are these evidences categorized and stipulated? In respond to the first question, four (public) principles are identified for judicial presumptions, which include 1) omission principle, 2) acquirement ineffectiveness principle, 3) exposure principle, and 4) judicial presumptions in neighborhood with legal presumptions. In respond to the second question, the judicial presumptions are divided 16 categories, 1) omission judicial presumptions, 2) ineligible testimony based legal presumptions, 3) ineligible admission based legal presumptions, 4) investigation and inspection based legal presumptions, 5) customs and habits based legal presumptions, 6) document based legal presumptions, 7) information and communication based presumptions, 8) criminal subject based presumptions, 9) parity relationship based legal presumptions, 10) inspection based legal presumptions, 11) judge’s knowledge based legal presumptions, 12) emergence based legal presumptions, 13) legal assumption based presumptions, 14) agreement or other legal relation based presumptions, 15) one party’s or another party’s action, statement or status, 16) due or nominal transaction based legal presumptions. In the end of this article, three important results are presented and discussed, A) contingency of legal presumptions, B) discipline and solidarity of legal presumptions, C) various usages of legal presumptions of judicial votes.