Legal analysis
When answering legal questions by issuing legal opinions, lawyers should pay attention to giving accurate, affirmative and legally based answers to legal questions raised by consultants, so as to provide specific, clear and reliable reference opinions for consultants' decision-making. The writing format of legal opinions has not been promulgated in the sample format of legal documents. Legal opinion is a new language after the reform and opening up. As far as the current use situation in various places is concerned, the following writing methods have basically been formed. Opinions are people's thoughts or opinions on things or people that exist objectively, and suggestions are based on such thoughts or opinions to put forward solutions and treatment methods based on their own knowledge for people to choose, decide and refer to. Before writing a legal opinion, we should first do a good job of investigation, that is, make full preparations for the questions raised, including looking for relevant legal basis, consulting relevant documents, regulations and approvals, and conducting on-the-spot investigations and inquiries in the actual departments. The answer should be accurate and have sufficient legal basis. Before issuing a legal opinion, we must do a good job in advance, find out the relevant applicable legal basis, sort out, analyze and compare the questions, and sum up the correct answers so as to be reasonable, legal and feasible.
legal ground
Article 50 of the Criminal Procedure Law of People's Republic of China (PRC) All materials that can be used to prove the facts of a case are evidence. Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of criminal suspects and defendants;
(6) Appraisal opinions;
(7) Records of inquests, inspections, appraisals, investigations and experiments;
(8) Audio-visual materials and electronic data. The evidence must be verified before it can be used as the basis for finalizing the case.