1. The concept of judicial documents:
At present, the general concept of legal documents refers to the legal documents made by public security organs (including state security organs, the same below), procuratorates, courts, prisons or reform-through-labour institutions, notarization and arbitration institutions to handle all kinds of litigation cases and non-litigation cases, as well as documents with legal effect or legal significance written by parties, lawyers and law firms, that is, all non-normative legal documents except normative legal documents (various laws promulgated by the national legislature). Including judicial documents produced by judicial organs according to law, notarized documents issued by notary organs, arbitration documents produced by arbitration organs, attorney's power of attorney and practical documents for lawyers' own use. The producers of these documents include not only judicial organs and law enforcement agencies authorized by law, but also parties to the case, lawyers and law firms.
2. Types of judicial documents:
The categories of legal documents can be divided into different categories according to different classification standards:
(1) According to different producers, it can be divided into criminal legal documents of public security organs, litigation documents of people's courts, procuratorial documents of people's procuratorates, notarized documents, arbitration documents and lawyer's practical documents.
(2) According to the different ways of writing and expression, it can be divided into narrative text, fill-in-the-blank text, tabular text and copied text.
(3) According to different languages, it can be divided into reports, notices, judgments, rulings and decisions.
(4) From the style of documents, it can be roughly divided into letter type, delivery type, declaration type, form type and record type.
3. Basic characteristics of judicial documents:
(1) The legality of production. All kinds of legal documents must be made according to law, which is the premise of making legal documents, and it can also be said that it is the basis of the intention of the documents.
(2) Formality of form. Legal documents are documents with obvious stylized characteristics. Although its strict procedure is an external form, it also forms a fixed stipulation in content, so it can not be ignored. The procedural characteristics of legal documents are mainly manifested in the following two aspects: ① fixed structure; ② Language becomes culture.
(3) the legality of the content. The writing content of legal documents is stipulated by law and has legal nature.
(4) the accuracy of language. Legal documents have high requirements for language-this is because legal documents are all documents with realistic legal significance, involving the fundamental interests of the state, the collective and the individual, and the use of language must be highly accurate.
(5) the effectiveness of use. Legal documents are formulated to solve some legal problems, so they are the most pragmatic.
4. The role of judicial documents:
(1) An important means to implement the law. (2) vivid legal publicity materials. (3) A true record of relevant legal activities. (4) Important measures for comprehensive assessment of cadres.
★ What are the basic requirements for writing legal documents?
The basic requirements for writing legal documents are: (1) follow the format and write all the matters; (2) The theme is clear and accurate; (3) The description is clear and the materials are true; (4) Reasoning according to law is convincing; (5) The language is accurate, concise and solemn.
★ What elements should legal documents state when describing facts?
When legal documents describe facts, the factual elements that need to be stated can be divided into two categories: one is the narrative of criminal cases; The other category is the narrative of civil and administrative cases (including a large number of factual narratives of non-litigation cases). The former requires that the time, place, perpetrator and defendant, purpose, motivation, plot, means, consequences, attitude and evidence (referring to criminal facts) of the crime be stated. The latter describes the disputed facts of the parties, including the contents of the dispute, the time and place of occurrence, the people involved, the development process (cause, process and result) of the dispute, the opinions and evidence of the parties.
★ Specific requirements for language application of legal documents
1. Accurate ideograms and single explanation.
Legal documents are part of the written form that embodies and implements the national laws, and part of them are the litigation requests or legal documents that the parties put forward to the national law enforcement organs. Therefore, its words must be precise in meaning and single in explanation, so as to avoid any problems in understanding and performance.
2. The text is concise and clear.
Because as a document with legal significance or a document submitted by a party to a law enforcement agency, the language must be concise and clear, not detailed and lengthy, but the situation and facts that must be explained, the reasons and legal basis that must be expounded must not be too brief or rough; Therefore, it is necessary to prepare the text.
3. The writing style is simple and solemn.
The style of legal documents belongs to official document style. Simplicity, preciseness and solemnity are restricted by its serious legal content.
4. The language is standardized and the sentences are regular.
The language of legal documents is the standard written language. It strives to conform to grammatical rules, with regular sentences and complete components.
5. praise and blame are just right, and love and hate are clear.
Most of the contents of legal documents are related to handling cases of illegal infringement and criminal acts. Therefore, legal documents have a distinct attitude of praise and criticism and a strong emotional color.
6. Avoid language taboos.
Legal documents often have some common problems that must be avoided and paid attention to in language use. First, avoid dialects; Second, avoid using rogue slang; Third, avoid swearing; Finally, try to avoid using typos.
★ What is the prosecution opinion? What is the function of prosecution opinion?
It refers to the document made by the public security organ when it believes that the suspect is suspected of committing a crime and should be investigated for criminal responsibility and transferred to the people's procuratorate at the same level for examination after the investigation of the case is completed.
Function: It is a summary of case investigation activities, reflecting the quality of criminal cases handled by public security organs, and it is also the basic material for procuratorial and judicial work.
★ What are the requirements for the prosecution opinion to describe the facts of the crime?
First, we should comprehensively and accurately reflect the criminal facts of criminal suspects.
Second, distinguish between crime and non-crime.
Third, in criminal cases, it is necessary to distinguish the position, role and responsibility of each criminal suspect in the case.
Fourth, when describing criminal facts, we should cite certain evidence to prove it.
★ What are the two main aspects of the prosecution opinion?
Including the facts of the crime and the reasons and legal basis for the prosecution opinions.
★ What problems should be paid attention to when making prosecution opinions?
1. objectively reflect the case. (1) Based on facts. (2) Materials that have not been examined and verified cannot be used for prosecution opinions. (3) When quoting the confession of a criminal suspect and the testimony of a witness, we should not take it out of context, but generalize it and keep the original intention. (4) The description of criminal facts of criminal suspects should be clear and specific, but too abstract, general and conceptual.
2. Accurately identify the facts of the crime.
3. Correctly distinguish the boundaries between crime and non-crime.
★ What are the ways to describe criminal facts?
There are the following four kinds: (1) narrative in chronological order, that is, narrative according to the time sequence of the criminal suspect's crime; (2) according to the nature of the crime, that is, according to the seriousness of the criminal suspect's crime nature; (3) Comprehensive inductive narration; (4) Combination of various methods.
★ What are the investigation documents of public security organs?
Reconnaissance documents of public security organs refer to legal documents of public security organs. It is a document with legal effect or legal significance made or recognized by public security organs (including state security organs, the same below) in criminal proceedings. It is a legal document.
★ What are the types of investigation documents?
Divided into: 1. Filing and solving cases; 2. Lawyer intervention; 3. Compulsory measures; 4. Interrogate the criminal suspect; 5. Investigation and evidence collection (including search and seizure); 6. Extend the detention period; 7. Investigation conclusion category; 8. Supplementary investigation, reconsideration and review.
★ What is a criminal filing report?
It refers to the documents produced by the investigators of public security organs after reviewing the materials of reporting, accusing, reporting and surrendering, and deciding to file a case that meets the conditions for filing, and reporting it to the leaders for examination and approval to decide whether to file a case for investigation.
★ What does the text of the criminal filing report include?
1. Acceptance of cases; 2. Basis for filing a case; 3. Reasons for filing the case; 4. Reconnaissance plan.
★ The concept and function of procuratorial documents
1. Concept: It is a legal document with legal effect and legal significance formulated by people's procuratorates at all levels to realize the functions of people's procuratorates.
2. Function: Legal documents of people's procuratorates are important written documents for people's procuratorates at all levels to exercise procuratorial power, important tools to ensure the implementation of laws, objective records of handling cases, important reflections on the quality of handling cases, important basis for summing up experience and reviewing cases, and important materials for legal publicity. Making legal documents of people's procuratorates accurately is of great significance for protecting people, attacking enemies, punishing crimes and maintaining legal order according to law.
★ Classification, production and basic requirements of legal documents of people's procuratorates.
1. Classification: (1) According to the different nature of litigation, it is divided into two parts: procuratorial documents used in criminal cases and procuratorial documents used in civil and administrative cases. (2) According to the differences between foreign and domestic documents, legal documents of criminal cases are divided into litigation documents and working documents. (3) According to the different litigation stages, nature and functions of documents, they can be divided into: filing documents, investigation documents, compulsory measures such as examining and approving arrests, examining and prosecuting and appearing in court documents, protesting memories, procuratorial supervision and legal supervision documents, prosecution and criminal compensation documents, approving and extending the time limit for handling cases, and defense agency documents. (4) According to the division of labor of the business departments of people's procuratorates and the different sources of cases, it can be divided into criminal procuratorial documents, documents for directly accepting investigations (anti-corruption and bribery, legal prosecution), documents for procuratorial supervision, documents for prosecuting complaints (including criminal compensation) and civil and administrative procuratorial documents. (5) According to the different forms of document production, it can be divided into narrative documents (such as indictment), fill-in-the-blank documents (such as approval of arrest decision), written documents (such as case discussion transcripts) and form documents (such as service receipt).
2. Production: The people's procuratorate must be strict and meticulous in producing various legal documents, and there must be no mistakes, otherwise it will bring adverse effects to the prestige of the procuratorial organs and the state.
3. Basic requirements: (1) The specification is accurate. (2) Strictly according to law. (3) Full reasoning. (4) Handle cases in time.
★ The concept and function of indictment
1. Concept: refers to the document that the people's procuratorate confirms that the defendant's behavior constitutes a crime after investigation or examination, and should be brought to trial according to law and bring a public prosecution to the people's court.
2. Function: For the investigation organ, the indictment is a certificate to confirm the end of the investigation, the facts and circumstances of the crime are clear, the evidence is true and sufficient, and the investigation activities are legal; For procuratorial organs, the indictment is not only an instrument to investigate the criminal responsibility of the defendant on behalf of the state and submit it to trial, but also the basis for appearing in court to support public prosecution, express public prosecution opinions and participate in court investigation and debate; For the judiciary, the indictment causes criminal trial activities in the procedure of first instance, which is not only the evidence for the people's court to hear public prosecution cases, but also the basic content of court trials; For the defendant and his defenders, the indictment is not only a notice to inform the defendant that he has been committed to trial, but also a legal document to publicly accuse him of criminal acts.
★ What problems should be paid attention to when making an indictment to describe the facts of the case?
When describing the facts of the case, the indictment should mainly pay attention to the following issues: (1) Describe the facts objectively and accurately. The criminal facts charged in the indictment must be the same as the criminal facts themselves. (2) The stated facts must be complete. Factual elements mainly include time, place, process, means, purpose, motivation, plot, harmful consequences and so on. (3) The narrative facts must be clear. The order of facts of various criminal acts is not the same. Generally speaking, there are "priority over order", "objective process order" and "defendant order". (4) To correctly handle special problems when stating facts. First, pay attention to the Conservative Party and state secrets; Second, don't write indecent plots; Third, those who have surrendered themselves and rendered meritorious service should also be stated together after describing the facts of the crime; Fourth, when the name of the defendant who is not involved in this case is involved, it should be properly handled according to the specific circumstances. Five is * * * accomplice, one or more * * * criminals at large, when writing the name of the fugitive, you can use brackets to indicate "handled separately" after the name.
★ What problems should be paid attention to when making an indictment to explain the reasons?
When explaining the reasons for prosecution, we should mainly pay attention to the following issues: (1) Accurately summarize the essential attributes of criminal acts. (2) Accurately quote the law. (3) Accurately expound the tendentious opinions of conviction and sentencing. (4) Accurately state the prosecution decision.
★ What is a protest? Its types and functions.
1. the concept of protest: protest refers to the document made by the people's procuratorate when it protests against the criminal, civil and administrative judgments or regulations made by the people's court that are indeed wrong.
2. Category: criminal, civil and administrative protests.
3. It is an important tool for the procuratorial organs to exercise their power of trial supervision, and plays a very important role in correcting the wrong judgments and rulings of the people's courts and ensuring the correct implementation of the law.
★ What is a criminal protest? What kinds are there?
1. the concept of protest: protest refers to the document made by the people's procuratorate when protesting against the criminal judgment or ruling made by the people's court that is indeed wrong.
2. Type:
★ Concept, function and types of criminal judgment documents
1. Concept: A criminal judgment document refers to a legally binding document made by a people's court on substantive and procedural issues of a criminal case in criminal proceedings. Criminal judgment documents are the main components of criminal litigation documents.
2. Function: Criminal judgment documents are not only powerful weapons for people's courts to exercise judicial power, apply criminal law, protect people and punish crimes, but also vivid teaching materials to publicize the legal system and educate citizens to abide by the law. Making criminal judgment documents is an important part of the criminal trial work of the people's courts and an important task of criminal judges.
3. Category: criminal judgment documents of people's courts, mainly referring to criminal judgments and rulings.
★ Concept and function of criminal first-instance judgment
It refers to the written decision of the people's court of first instance to confirm the defendant's guilt or innocence according to the first-instance procedure stipulated in the Criminal Procedure Law and the facts, evidence and relevant laws, and to punish, exempt from punishment or declare innocence.
★ What facts can't appear in criminal judgment?
1. Only the defendant's confession, no other evidence;
2. There are only minor violations, but they do not constitute a crime, or there are mistakes in ideological understanding, moral quality, life style, shortcomings, etc.;
3. Criminal facts that have passed the limitation of prosecution and should not be investigated according to law;
4. Acts that have been dealt with in history;
5. Facts that should be dealt with in accordance with Party discipline and political discipline or have nothing to do with this case.
★ What should be paid attention to when determining the facts in criminal judgment?
1. When describing the facts, the time and place of the case, the defendant's motivation, purpose, means, the process of carrying out the act, the harmful results and the defendant's performance after the incident should be clearly stated, with the focus on whether there are the constitutive elements of the crime and various circumstances that affect the qualitative treatment.
2. The facts stated must be focused and clear.
When describing the facts, we should pay attention to keeping state secrets and protecting the reputation of the victims.
4. The words describing the facts shall be accurate and concise, and shall not be exaggerated or reduced, and truthfully reflect the objective facts of the case.
★ What items does the text of criminal judgment in the first instance include?
Including facts, reasons and judgments.
1. Facts, including the opinions of both the prosecution and the defense (1); (2) The facts of the crime identified by the court.
2. Reasons, including (1) determining fees; (2) Confirm the circumstances of sentencing; (3) If the charges charged by the public prosecution agency are established, they shall be affirmed; If it does not constitute a crime or the charge is improper, it shall be analyzed and reasonably determined; The main reasons for defense and defense should be reasoned out whether to adopt it or not. (4) confirm whether the defense and defense reasons are adopted. (5) State the legal basis of the judgment.
3. Judgment.
★ What elements should criminal judgment write clearly when stating the facts in the first instance?
When criminal judgment narrates the facts in the first instance, he should specify the time and place of the case, the defendant's motivation, purpose and means, the process of implementing the act, the harmful results and the defendant's performance after the case, focusing on whether he has the constitutive elements of the crime and describing various situations that affect the qualitative treatment.
★ What should be stated in the reasons for criminal judgment's first-instance judgment?
Reason is the soul of judgment. The reasons for the judgment shall include the following contents: (1) The determination of the charges shall be based on the provisions of China's criminal law and the Supreme People's Court on the implementation of the Criminal Law of People's Republic of China (PRC). (2) Confirm the circumstances of sentencing. (3) If the charges charged by the public prosecution agency are established, they shall be affirmed; If it does not constitute a crime or the charge is improper, it shall be analyzed and reasonably determined; The main reasons for defense and defense should be reasoned out whether to adopt it or not. (4) Confirm whether the defense and defense reasons are adopted. (5) State the legal basis of the judgment.
★ The concept and function of criminal judgment
1. Concept: refers to the written decision made by the people's court on procedural issues and some substantive issues in the trial and execution of criminal cases in accordance with the provisions of China's Criminal Law and Criminal Procedure Law.
2. Function: The criminal ruling is one of the documents commonly used by people's courts. Its format, content and production method are basically the same as those in criminal judgment, but the content is generally simple.
★ Concept, function and types of civil judgment documents
1. Concept: refers to a legally binding document made by the people's court on the substantive and procedural issues of the case in order to solve the civil rights and obligations disputes between the parties in civil litigation.
2. Function: Civil judgment documents are not only effective tools for people's courts to exercise judicial power, apply civil laws and regulations, confirm the relationship between civil rights and obligations, sanction civil violations, resolve civil cases and economic disputes, and protect the legitimate rights and interests of citizens, legal persons and other organizations, but also vivid teaching materials to publicize the socialist legal system and educate citizens to consciously abide by the law, which is an important measure of the level of trial work objectively. It plays an important role in improving the legal concept and legal consciousness of the whole society, enhancing the stability and unity among the people, promoting the development of economic construction and promoting the construction of socialist spiritual civilization and material civilization.
3. Category: The civil judgment documents of the people's courts can be divided into civil judgments, civil rulings, civil conciliation statements, civil rulings and civil sanctions decisions according to different ways of hearing cases; According to the different application procedures of trial, it can be divided into first-instance civil judgment, first-instance civil ruling and first-instance civil mediation, second-instance civil ruling and second-instance civil mediation, retrial civil judgment, retrial civil ruling and retrial civil mediation. In addition, there are civil judgment documents applicable to special procedures, publicity procedures, supervision procedures and bankruptcy and debt repayment procedures of enterprise legal persons.
★ Concept and function of civil judgment of first instance
1. Concept: refers to the written decision on substantive issues made by the people's court of first instance in accordance with the procedure of first instance stipulated in the Civil Procedure Law.
2. Function: The civil judgment of first instance is a kind of civil judgment. The role of civil judgments is consistent. The foundation and fundamental role lies in correctly handling all kinds of civil rights disputes, ensuring the correct implementation of China's civil laws and regulations and safeguarding the legitimate rights and interests of citizens, legal persons and other organizations.
★ What are the requirements for making a civil judgment of first instance?
Writing a judgment needs to be clear, specific and complete.
Clarity means that the text should clearly point out the conclusion of resolving disputes between the parties.
Specifically, the matters decided in the correction must be specific, and should be specific to how and when to implement it.
Integrity means that all matters decided by the text should be clearly explained and must not be omitted.