I. Definition and interpretation
Judgment refers to the document written by the court according to the judgment, which is a commonly used applied style in the legal field, including civil judgment, criminal judgment, administrative judgment and criminal incidental civil judgment.
Second, the legal effect of the judgment
1. Binding force: Once the judgment is announced or served on the parties, the court that made the judgment shall not revoke or change its validity without authorization within the scope of first instance at the same level. It reflects the self-restraint of the judgment on the production subject. The purpose of this effect is to maintain the stability of the referee.
2. Certainty: including formal certainty (once the judgment is confirmed, the parties may not appeal to the higher court to revoke or change the validity of the judgment) and substantive certainty (that is, res judicata is pending).
3. Formative force: the effective judgment of the court has the effect of changing the original legal relationship between the parties, thus creating a new legal relationship (forming a judgment).
4. Execution: Execution refers to the effect that the payment judgment can be used as the basis for execution, so as to enforce it.
Third, the replacement process.
1. After the judgment is lost, you can bring your ID card to the court hearing the case to check the file and copy it. If the staff of the archives are here, they can do it on the same day.
2, stamped with the seal of the court archives copy and the original notarized certificate, its effect is equivalent to the original, that is, to complete the replacement.
legal ground
"Provisions of the Supreme People's Court on People's Courts Publishing Judgment Documents on the Internet" Article 2.
The Supreme People's Court established the China Judgment Document Network on the Internet, and uniformly published the effective judgment documents of people's courts at all levels. The people's courts at all levels shall be responsible for the quality of the judgment documents published on China Judgment Document Network.
Article 155 of the Civil Procedure Law of People's Republic of China (PRC)
The judgment shall specify the judgment result and the reasons for making the judgment. The contents of the judgment include:
(a) the cause of action, the claim, the facts and reasons of the dispute;
(two) the facts and reasons identified in the judgment, the applicable laws and reasons;
(three) the verdict and the burden of litigation costs;
(4) the appeal period and the court of appeal.
The written judgment shall be signed by the judges and court clerks, and stamped with the seal of the people's court.
Article 13 of the Measures for the Administration of Litigation Archives of People's Courts
The undertaker of the trial court in our hospital may borrow the archives filed by the unit because of the need of handling the case, except that it is expressly stipulated that it must be approved by the leaders. Non-filing units should have certain approval procedures for consulting litigation files due to work needs.
Article 203 of the Criminal Procedure Law
The judgment shall be signed by the judge and the clerk, and the time limit for appeal and the court of appeal shall be specified.