How to write a judgment
How to write a judgment? When we have a dispute or something needs to be judged, there will be a judgment after the court's judgment. The judgment is a very important legal document, and the legal judgment can be used as evidence when necessary. How to write a judgment? How to write a judgment 1
I. What is the format of the judgment
According to the provisions of the Civil Procedure Law and the requirements of the Supreme People's Court on the format of civil litigation documents, this judgment consists of a header, a text and a tail.
The first part
1. The title
is written in two lines, the first line is the name of the court, and the second line is the type of document, that is, "civil judgment".
2.No.
Write a number at the lower right of the title, which is expressed as "[Year] × MinchuziNo. ×". If it is an economic dispute case, the word "Jing" is used instead of the character of the case.
3. Participants in litigation and their basic information
(1) Plaintiff: If a citizen files a lawsuit, his name, gender, age, nationality, place of origin, work unit, occupation and address shall be stated. If a legal person brings a lawsuit, the full name and address of the unit shall be stated; Then write the name and position of the legal representative on a new line.
in the course of litigation, if the defendant files a counterclaim, the appellation of each party in the counterclaim should also be indicated in the judgment, such as "plaintiff" and "defendant". If a party has an agent ad litem, it shall specify what kind of agent ad litem it is, its title: legal agent, appointed agent or entrusted agent, and then its name and other basic information.
(2) defendant: except for the title of defendant, other basic information is written in the same way as the plaintiff.
(3) the third party: state its name and other basic information.
4. The origin and trial process of the case
should be expressed as: "……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… ..... to appear in court to participate in the proceedings. The case has been closed. "
The fact part of the text
firstly states the claims of the parties and the facts and reasons of the dispute, and then states the facts and evidence recognized by the court on a new line.
the facts and reasons of the dispute between the parties and their respective claims. That is, what controversial issues the plaintiff specifically asks to solve, how to solve them and their facts and reasons; The attitude of the defendant to the plaintiff's claim, the main facts and reasons stated, to show the attitude or basis of both parties in prosecution or defense.
Second, how to write the model essay on the judgment
Judgment
(××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
the defendant (or the appellee) in the original trial ... (state the name and other basic information).
the third person in the original trial ... (state the name and other basic information).
(The writing of the items and basic information of the parties and other participants in the proceedings is the same as that of the civil judgment of first instance except for the appellation of the parties. )
...... (specify the name and cause of action of the parties in the original trial), the civil judgment (or ruling) of (××××××××) ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× On ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× In accordance with the law, our court separately formed a collegial panel to hear the case in public (or not). ..... (specify the parties participating in the retrial and their agents ad litem, etc.) to attend the proceedings in court. The case has now been closed. (What was written before the court session: "Our court has separately formed a collegial panel to hear the case according to law, and the trial has now ended." )
...... (generally state the main facts, reasons and judgment results of the effective judgment of the original trial, and briefly describe the main opinions put forward by the parties and their reasons and requests).
after retrial, it is found that ... (state the facts and evidence confirmed by retrial).
our court believes that … [according to the facts ascertained in the retrial, it focuses on whether the qualitative treatment of the effective judgment of the original trial is correct, and clarifies the reasons why the judgment should be revised, how to revise it, or whether the original judgment should be upheld]. According to the provisions of ... (specify the legal provisions on which the judgment is based), the judgment is as follows:
... (specify the judgment result).
..... (specify the burden of litigation costs. If the original judgment is upheld, this item is not written).
..... (If retrial is conducted according to the procedure of first instance, it shall be written as follows: "If you refuse to accept this judgment, you may submit an appeal to our court within 15 days from the date when the judgment is served, and submit copies according to the number of the opposing parties, and appeal to the people's court of ×××××." If the case is retried according to the procedure of second instance, write: "This judgment is final." )
how to write the judgment of the presiding judge ××××
judge ××××
(secretary) ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
2. The situation of defenders and prosecutors;
3. The facts, reasons and applicable legal basis of the judgment;
4. The verdict, the appeal period and the' court of appeal'. Once a criminal judgment becomes legally effective, it is legally binding.
5. Legal basis: Article 23 of the Criminal Procedure Law of the People's Republic of China shall be signed by the judge and the clerk, and the time limit for appeal and the court of appeal shall be specified.
Second, the writing requirements of facts and reasons in criminal judgment
For cases that do not constitute a crime, the narrative methods of facts are different because of the different innocence. Specifically, there are the following situations:
1. If the case is unjust, that is, after trial by the court, the defendant does not have the criminal facts accused by the procuratorate or the private prosecutor, the accused points can be summarized first, and then the accused criminal facts can be denied with the ascertained facts and evidence, and the defendant can be dissected rationally, thus clearly affirming that the defendant does not have the accused criminal facts.
2. If the evidence is insufficient and does not constitute a crime, it is necessary to state clearly the lack of factual basis for the accusation, the lack of evidence and the reasons for not proving the defendant's crime.
3. The defendant's behavior is wrong and illegal, which does not constitute a crime, that is, some defendants' behavior is harmful to society, but the circumstances are obviously minor, so it is not considered a crime; Although some defendants have the legal characteristics of the crime, they have not reached the bad and serious level, and they are not considered as crimes.
4. If the defendant has not reached the age of criminal responsibility or is incapable of criminal responsibility, the case can be briefly described first, then the facts and evidence of the defendant's age of criminal responsibility or incapacity can be emphatically stated, and finally the reasons why the defendant is not criminally responsible can be cited.
5. The defendant's behavior is self-defense and emergency avoidance, so we should make a comprehensive and concrete analysis and demonstration from the aspects of means, circumstances and consequences, and explain that his behavior really belongs to the scope of self-defense or emergency avoidance and does not bear criminal responsibility. How to write the judgment 3
criminal judgment
(××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Work unit and position)
×××× People's Procuratorate accused the defendant×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The litigation agent ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Opinions on self-defense and relevant evidence) The defense opinions put forward by the defender are ... (Summarize the defense opinions and relevant evidence of the defender)
After trial, it is found out that ... (First, state the facts ascertained through trial; Secondly, specify the evidence and its source that has been proved and cross-examined; Finally, analyze and authenticate the facts and evidence that both the prosecution and the defense disagree.
Our court thinks that ... (According to the verified facts, evidence and relevant legal provisions, demonstrate whether the crime accused by the public prosecution agency is established, whether the defendant's behavior constitutes any crime of the criminal, whether it should be lightened, exempted from punishment or severely punished.
We should analyze whether the opinions of both the prosecution and the defense on the application of the law should be adopted and explain the reasons.) In accordance with the provisions of ... (specify the legal basis of the judgment), the judgment is as follows:
... [specify the judgment results in three situations:
The expression of the sentence for the first certain crime is:
"1. The defendant was sentenced for ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Additional punishment
(the sentence is calculated from the date of execution of the judgment, and one day of detention in advance before the execution of the judgment is reduced to one day of sentence, that is, from ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
The expression of the second conviction and exemption from punishment is:
"The defendant ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Each item should be expressed as:
"The defendant is innocent"]
If he refuses to accept this judgment, he can appeal in writing through our court or directly to the people's court of ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××