Abstract:
Prima facie evidence is widely used in law,judicial interpretation and practice,but the Implication of it cannot be unified. The application of Prima facie evidence in the Civil Aviation Law and other laws,which transfers the burden of persuasion,stems from the common law system. The application of Prima facie evidence in article 284 of the Judicial Interpretation of Civil Procedure Law,which is to remind the parties of the burden of proof,is similar to the rule of Glaubhaftmachung in civil law system. The former usage of Prima facie evidence is very narrow,which doesn't accord to the evidence rule system of civil law system,and should be abandoned. The latter usage of Prima facie evidence is extensive,which accords to the evidence rule system of civil law system. Therefore,the usage of Prima facie evidence in our country should learn from the rule of Glaubhaftmachung in civil law system.