BI Yu-qian . National Judges College,100066.

  【Abstract】 During a litigation, as a method of proof and in a certain condition, the application of Prima facie Beweis plays an absolutely irreplaceable role. However, at present, the application of Prima facie Beweis meets up with great difficulties and obstacles in practice. The definite cause is not but the lack of a clear determination on research about Prima facie Beweis, or by other words, even if the determination is in place, but in resolving difficult problem concerning conception, category and function, a deeper definition is still needed. From the perspective of basic conception, relative issues and practical function, this article is aimed to deal with the theoretical and practical problems of Prima facie Beweis, and finally comes with certain conclusions.

  【Key Words】 Prima facie Beweis, Basic attributes, Practical function, Determination