(1) Correct application of substantive law
Most legal documents are carriers to solve substantive problems. The judicial organs must follow the principle of "taking facts as the basis and taking law as the criterion" when making judicial documents within the scope of their duties.
(2) According to legal procedures.
China's criminal procedure law and administrative procedure law have clear provisions and requirements on the litigation procedures of various cases.
(3) Perform legal procedures
According to the law, many legal documents have to go through legal procedures when they are formulated. For example, the delivery of all kinds of litigation documents and the production of some transcripts have specific provisions in law and must be strictly enforced. If legal procedures are not fulfilled, legal documents will lose their validity.
2. Normalization of forms.
The stylization of the form or structure of legal documents is an obvious feature of the production structure of legal documents. Various judicial organs in China have successively formulated the format of legal documents.
3. Timely production.
Paying attention to the prescription of making legal documents is an important feature of legal documents. There are many laws and regulations that clearly stipulate the time limit for making legal documents. When making documents, we must strictly abide by this time limit, otherwise the documents made will have no legal effect.
4. Legal effect. Legal documents are the legal forms for the specific implementation and enforcement of national laws and decrees, which have legal effect or legal significance and reflect the static conceptual effect of laws and regulations to the dynamic effect of implementation and enforcement. The validity of legal documents is guaranteed by the state's compulsory force.
Extended data:
Legal documents are written carriers for carrying out legal acts in litigation activities and non-litigation activities related to litigation. Its fundamental function is to correctly reflect the implementation of the law. The specific performance is as follows:
1, an important tool for correctly implementing the law.
Legal documents are the embodiment of law enforcement. It undertakes the task of transforming generalized laws into vivid practical applications and reflects the state of legal norms in the actual operation process.
The effectiveness of legal norms depends not only on the operability of legal norms themselves, but also on the operation of the whole legal mechanism and the cooperation of social environment. All these are intertwined and complicated, and generally have unique contents and forms of expression.
2. Reflect the true records of litigation and non-litigation.
According to the law of our country, every procedure and every link of all litigation activities must be recorded and recognized by corresponding legal documents before they can take effect. The litigation documents of all links are connected or staggered in turn from beginning to end, which truthfully records the whole process of handling cases. A complete set of litigation files forms a litigation document system and stores litigation information.
The notarial certificate records the activities of the notary office in handling notarization matters, so as to confirm the authenticity and legality of legal acts or documents and facts with legal significance. Arbitration documents are faithful records of economic contract disputes and foreign-related economic, trade and maritime contract disputes between domestic enterprises.
3, to ensure the smooth progress of litigation and non-litigation activities, reflecting the quality of handling cases.
The judicial organ shall handle cases and litigation activities of the parties, the notary organ shall handle non-litigation events, and the arbitration organ shall handle disputed cases in accordance with legal procedures and procedures. Only by making legal documents can litigation and non-litigation activities proceed smoothly.
References:
Baidu encyclopedia legal documents