The court debated how to write a proxy statement
1. Title.
(1) Write the title proxy word in the middle.
(2) Title: presiding judge, judge and people's assessor; A writing referee who is the sole referee;
(3) Introduction. A simple description is to accept the entrustment of which party or unit to act as the agent of one party in this case. And indicate the legal identity of the agent. For example, a law firm accepts the entrustment and assignment of the plaintiff (defendant) in this case according to law? This lawyer is the agent of this case.
(4) Interlanguage. The common expression of the lead-out text is: This agent expresses the following opinions according to the facts ascertained in the trial and the focus of disputes between the two parties.
2. Text
(1) reasoning part
(2) Conclusion: It is a summary of proxy words. The agent summed up his speech and put forward concluding opinions, that is, opinions on case handling, for the court to adopt.
3, file making skills
Tip 1: Have a clear point of view and put forward institutional opinions closely around the focus of controversy.
Tip 2: Be thorough in reasoning and rigorous in argumentation.
Tip 3: Write action words simply and clearly, and be sincere and modest.
4. Matters needing attention in document production
(a) when citing other people's views and cases, it is necessary to indicate the source, and it is best to provide the original text and cases for the reference of judges.
(2) Respect facts and laws and never distort them.
(three) serious and rigorous, pay attention to details.
Pay attention to the following points when writing proxy words:
First, the views should be correct and the arguments should be clear. The correct viewpoint is the basic problem that proxy words must solve first. Lawyers must carefully scrutinize and study when conducting arguments, to avoid ambiguity or mistakes, to avoid duplication or contradiction, and to be without opinions.
Second, the materials should be sufficient and the evidence should be reliable. Evidence is the only basis for people's courts to solve disputes. Therefore, the evidence cited by proxy words must be reliable and avoid subjective or uncertain evidence. When using evidence in proxy words, it is necessary to indicate the source and source of the evidence, and effectively combine it with the legal basis to clarify its probative power to the case.
Third, the evidence should be thorough and the reasoning should be rigorous. Argumentation is the whole process of explaining opinions through sufficient arguments. It requires lawyers to choose the best way to argue based on the possession of materials. No matter what arguments lawyers use, they can't do without reasoning. Reasoning is a kind of logical thinking, which requires not only logical form, but also the premise of reasoning and the rigorous reasoning process, otherwise it is suspected of sophistry.
Fourth, the language should be concise, vivid and powerful. As a litigation document, the power of attorney should adopt simple and accurate legal language. At the same time, the proxy word must demonstrate certain viewpoints and persuade the people's court to accept the proxy opinion. Therefore, the language of proxy words should make full use of language skills to make words vivid and powerful.
The format of surrogate words is as follows: Part I: Preface. This part should specify the legality of the agent's appearance in court, that is, the basis of the agent's appearance in court. The work of the agent after accepting the entrustment shows the basic views on this case, and this passage should play a connecting role. Preface writing should be flexible, not stereotyped, and have its own characteristics. Part II: Text. The text is the core part of proxy words, and the content of the text should be determined according to the specific situation. Generally, it is necessary to analyze the main plot of the dispute, the causes of the dispute and the focus of the dispute between the two sides, so as to distinguish right from wrong, clarify the responsibility and identify the nature. That is to say, or define the boundary between illegality and legality, and the relationship between rights and obligations; Or demonstrate whether the litigation request is reasonable and legal; Or analyze the causes of disputes and point out the legal responsibilities that both parties should bear. Part III: Conclusion. This part mainly states two points: first, clarify the central idea of the agency opinion and summarize the speech; The second is to put forward opinions, demands and suggestions on how the court handles this case. The conclusion should be consistent with the first two parts, echo before and after, and be integrated.