I. Overview
Legal documents are the embodiment of legal thinking and ideas of legal document writers and the use of law to solve practical problems, or the process of using law to solve practical problems and present our legal thinking and ideas is legal document writing. In addition, we should also pay attention to the special format of legal documents as special documents, so as to improve judicial efficiency and promote the standardized operation of justice in actual judicial practice. It can be seen that the writing of legal documents is not a simple technology. More precisely, legal documents are just a form of expression. Therefore, if you want to write a good legal document, it is more important to work hard behind it. You must have a perfect legal knowledge system, train yourself to use the law to solve practical problems, and develop a good legal thinking method and a good legal theory accomplishment.
After meeting the above conditions, it is completely possible to write legal documents in accordance with the established format when encountering specific cases. Combining the knowledge I learned in the law course of philology and my own thinking, I will talk about the writing of legal documents from the following aspects.
Second, the preparation before writing legal documents
(a) Conduct in-depth and comprehensive legal research
The legal research discussed here includes the following aspects:
First of all, in the process of actually engaging in the legal profession, when encountering a case, it is necessary to determine the cause of the case, that is, to understand the legal relationship of the case;
Secondly, collect and sort out the written materials of the case through various channels, and sort out these collected materials into a catalogue of case materials, which can include items such as serial number, collection time, data source, content, purpose of the object to be proved or explained, page number, etc. Third, refine the facts of the case. Through comprehensive and in-depth reading of the above-mentioned case materials, we can have a thorough, comprehensive and accurate grasp of the facts of the case, and an objective, true and comprehensive grasp of the facts of the case is also the substantive content required for writing legal documents in the later period;
Fourth,
Confirm the request of the parties.
The client's request must be re-sorted and confirmed by our legal person's thinking, because the client may not understand the law, some of their requests may not be supported legally, and legal claims may arise due to the negligence of the client or other reasons, so we need legal professionals to confirm the client's request;
Fifth, conduct a legal search.
With the understanding of the facts of the case and the request of the parties, it is necessary to find the basis to support the request of the parties in law, which is legal retrieval. The ways of legal retrieval can include the Internet, professional databases and books and documents in libraries. The basis for searching and supporting the litigant's claim includes: laws, judicial interpretations, administrative regulations, rules and local regulations. Even when the legal basis is insufficient or blank, it is necessary to inquire about the case information and related theories related to the case handled.
Sixth,
Conduct legal research.
Through the comprehensive retrieval of the laws and regulations for handling cases, the retrieved laws and regulations are deeply studied.
Strive to achieve a very accurate understanding of the legal basis, only in this way can we accurately choose and locate the legal application of the case, and improve the quality of subsequent legal document writing and the possibility of winning the case.
Seventh,
Form a written opinion or conclusion. When the legal basis of case dispute resolution is locked, it can be temporarily written into a written legal opinion or something conclusive. This kind of written and phased results can be legal research reports, legal opinions and legal advice. If this stage achievement is to be actually applied in legal affairs, it is best to present it in the form of consultation so as not to bear more serious legal consequences.
(2) Formulate effective and pragmatic litigation strategies.
In a sense, legal documents are also tools to start litigation procedures. In order to achieve the actual effect of handling cases in judicial practice, we should not only make suggestions and suggestions in entity, but also make careful calculations, which often leads to a surprise victory in procedure.
And with the strengthening of the national awareness of the rule of law procedure, the importance attached to the latter is also increasing in actual case handling.
For example, the conversion between ordinary procedure and summary procedure, the flexible change of adjustment period, the extension of proof period, and the participation of outsiders in litigation. If used properly, it can serve the interests of the parties well. Of course, the choice of different litigation procedures will certainly be reflected in the writing of legal documents. Therefore, before writing legal documents, it is also necessary to determine the selected litigation procedure.
Third, write a written legal document.
When all the preparations for writing legal documents are done, you can start writing legal documents, but as mentioned at the beginning of the Summary, legal documents, as a special judicial document, are different from ordinary written materials. The writing requirements of legal documents are carried out in accordance with the specific formats required by different documents, emphasizing the standardization of the format, but this is a formal requirement after all. After the table is standardized, the facts that have been prepared in the above preparation stage will be added. The part of legal reasons should be used properly in legal documents, and at the same time, it should be remembered that the language requirements for writing legal documents are different from general terms. The language choice of legal documents needs to be objective, pertinent and accurate, and the sentence pattern is mainly narrative. I think all the above points have been noted. Only through continuous training in practice can we write high-grade and excellent legal documents.