Q: What is a judicial document? Types, basic characteristics and functions of judicial documents.
Answer: (1) T
Q: What is a judicial document? Types, basic characteristics and functions of judicial documents.
Answer: (1) The concept of judicial documents:
The current general concept of legal documents refers to the public security organs (including national security organs, the same below), procuratorates, courts, prisons or Legal documents produced by labor reform agencies, notaries, and arbitration institutions to handle various 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, in addition to normative legal documents All non-normative legal documents other than (various laws promulgated by the national legislature). Including judicial documents produced by judicial organs in accordance with the law, notarized documents issued by notary institutions, arbitration documents produced by arbitration institutions, attorneys' letters of attorney and practical documents for lawyers' own use. The producers of these documents include not only judicial authorities and law enforcement agencies authorized by law, but also parties to the case, lawyers and law firms.
(2) Types of judicial documents:
The types of legal documents can be divided into different categories according to different classification standards:
① According to the producer , can be divided into criminal legal documents of the public security organs, litigation documents of the People's Court, procuratorial documents of the People's Procuratorate, notarized documents, arbitration documents, and lawyer practice documents.
②According to different writing and expression methods, it can be divided into narrative, fill-in-the-blank, table, and transcript.
According to different languages, they can be divided into report documents, notification documents, judgment documents, ruling documents and decision documents.
④ In terms of document style, it can be roughly divided into letter style, delivery style, declaration style, table format, and record style.
(3) Basic characteristics of judicial documents:
(1) Legality of production. All kinds of legal documents must be produced in accordance with the law. This is the prerequisite for producing legal documents, and it can also be said to be the basis of the intent of the document.
(2) Formality of form. Legal documents are documents with distinctly stylized characteristics. Although its strict procedures are external forms, they also form fixed regulations in content, so they cannot be ignored. The procedural characteristics of legal documents are mainly reflected in the following two aspects: structural fixity; language becomes culture.
③The legality of the content. The written content of legal documents is prescribed by law and has a legal nature.
④The accuracy of language. Legal documents have high language requirements - this is because legal documents are documents with practical legal significance and involve the fundamental interests of the country, collectives and individuals, and the use of language must be highly accurate.
⑤Effectiveness of use. Legal documents are formulated to solve certain legal problems, so they are the most pragmatic.
(4) The role of judicial documents:
(1) An important means of implementing the law.
②Vivid legal propaganda teaching materials.
(3) Truthfully record relevant legal activities.
(4) Important criteria for comprehensive assessment of cadres.
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