Judicial documents are special documents with legal effect or legal significance, which are produced by the national judicial organs and specialized organizations authorized by law in the process of handling litigation cases or non-litigation cases closely related to litigation, submitted by citizens, legal persons and other organizations according to law and recognized by the judicial organs. Specifically, judicial documents refer to all kinds of documents produced or submitted by public security organs (including state security organs), procuratorial organs, judicial organs, prison reform-through-labour departments affiliated to judicial administrative organs, notary offices, law firms, arbitration institutions, other social organizations and citizens in the process of handling all kinds of cases in accordance with legal procedures. It is produced and used in judicial activities, including both documents with legal effect and documents that do not have direct legal effect but actually guarantee the implementation of the law; It is applicable to all kinds of litigation cases as well as non-litigation cases.
From the perspective of law, judicial document is a legal concept, the carrier of applicable law and the product of judicial practice. From the perspective of writing or article study, judicial document is a stylistic concept and an important part of practical writing. The former mainly reveals its legal essence and characteristics; The latter mainly reveals the attributes and characteristics of its articles.
Concepts related to but not identical with judicial documents include legal documents, litigation documents and non-litigation documents.
Legal documents generally refer to all legally significant written materials that are produced by national legislation, law enforcement agencies, citizens, legal persons and other organizations according to law to express legal contents and record legal acts and legal facts. It is the general name of all kinds of documents with legal effect, legal significance or evidential value, which can cause certain legal consequences in the legislative and law enforcement activities of the state legislature and law enforcement organs, as well as in litigation activities, civil contacts and other activities with legal significance by citizens, legal persons and other organizations. It can be seen that the connotation and extension of legal documents are much deeper and wider than judicial documents, which can include judicial documents.
Second, the characteristics of judicial documents
As can be seen from the concept of judicial documents, it has the following four characteristics:
First, the production subject of judicial documents is specific, and its production and content must conform to reality and law, reflecting the authority, seriousness and policy of national laws.
Second, judicial documents have legal effect or legal significance.
Third, the production of judicial documents must be carried out in accordance with legal litigation procedures, which should not only reflect the division of labor, cooperation and mutual restraint between the public, procuratorial and legal organs, but also reflect the exclusiveness of implementation.
Fourthly, judicial documents have their specific contents, special scope, applicable objects and specific functions, as well as a complete system and distinctive stylistic features.
Judicial documents must be selected in strict accordance with the principle of "taking facts as the basis and law as the criterion", and the evidence must be conclusive, and every bit must be verified, and there can be no exaggeration or narrowing. This is the stipulation of materials. Of course, when choosing materials, we should make a choice. Important materials should be recorded in detail, general materials should be omitted, and false and irrelevant materials should be discarded.
The language of judicial documents should be accurate, solemn, clear and concise, and should not be ambiguous. To have its own set of special terms, it must be used properly.
Classification of judicial documents:
(a) according to the functions of judicial organs and production subject classification.
1. Judicial documents used by public security organs
2. Judicial documents used by people's procuratorates
3. Judicial documents used by people's courts
4. Documents used by public security organs, people's procuratorates and people's courts.
5. Documents produced and used by specialized organizations authorized by law.
6. Speaking in court: Speaking in court is a judicial document used in court trials.
7. Lawyers' professional documents
8. Complaint of litigant
(2) Classification by nature.
This classification method is divided according to the different characteristics of the contents and forms of various judicial documents, which can be roughly divided into several categories: report documents (referring to internal documents of judicial organs), prosecution documents, judgment documents, transcripts and so on. , and then divided into several categories. In addition, notarial documents, prison documents and court speeches, lawyers' professional documents and complaints are also discussed separately.
Second, the classification of legal documents?
According to different standards, legal documents can be classified in different ways. ① According to different producers, it can be divided into criminal legal documents of public security organs, procuratorial documents of people's procuratorates, litigation documents of people's courts, notarial documents, arbitration documents and lawyer's practice documents. ② According to the different ways of writing and expression, it can be divided into narrative type, fill-in-the-blank type, tabular type and record type. According to different languages, it can be divided into reports, notices, judgments, rulings and decisions. ?
2. What kinds of legal documents can be divided into in style?
According to the different styles of documents, legal documents can be divided into letter type, service type, statement type, form type and record type.
3. The main features of legal documents. ?
According to the process of making and using legal documents, its main characteristics can be summarized as follows: ① the legality of making; (2) Formality of form; (3) the legality of the content; ④ Accuracy of language; ⑤ Effectiveness of use.
4. What are the basic requirements for writing legal documents?
The basic requirements of legal document writing can be summarized as the following five items: ① following the format and writing all matters; (2) The purpose is clear and the explanation is accurate; (3) the narrative is clear and the materials are true; 4. Reasoning according to law is convincing and powerful; ⑤ The language is accurate, concise and solemn. ?
5. What are the requirements for language use in legal documents?
Legal documents have high requirements for the use of language. Specific requirements include: ① accurate expression and single interpretation. (2) the text is concise and to the point. ③ The style of writing is simple and solemn. ④ The language is standardized and the sentences are regular. (5) appropriate praise and criticism, clear love and hate. 6 language taboos, try to avoid.
Basic requirements for making judicial documents
First, the format is standardized and the elements are complete
Second, the main idea is clear and the facts are accurate.
Third, the narrative is clear and coherent.
Fourth, the reasoning is sufficient and well-founded.
Five, the language is accurate, concise and powerful.
The role of judicial documents
(1) Judicial documents are records and vouchers for judicial organs to implement laws and handle cases, and are important tools to reflect the will of the state, timely and accurately apply laws, punish crimes, protect people, safeguard national security and social order, and maintain socialist social order.
(two) to adjust the legal relationship between the state, the collective and the individual.
Judicial documents dealing with civil cases, by judging right and wrong and mediating disputes, can confirm the rights and obligations of litigants in accordance with the law and deal with civil violations, thus adjusting the legal relationship between the state, the collective and the individual.
(3) Educate citizens to obey the law.
Publicly publishing some judicial documents is a way to publicize the socialist legal system, which can educate the broad masses to enhance their legal concept, abide by the law, use the law and actively fight against criminal acts.
(four) is an important national archives.
Judicial documents truly reflect various social relations, social security and the implementation of national laws and policies, so they are a mirror reflecting society, an important file of the country and an important material for studying a society. Some files must be kept permanently.
What is the function of legal documents?
Legal documents are the inevitable product of litigation and some non-litigation legal activities, which play a role with litigation and some non-litigation legal activities. Its main functions are: legal documents are an important means to implement laws, vivid teaching materials for legal publicity, faithful records of relevant legal activities, and important yardsticks for comprehensively evaluating cadres.
Similarities and differences between judicial documents and legal documents
Similarities and differences between judicial documents and legal documents;
First of all, the production formats, methods and rules of various judicial documents have the same side, but at the same time, the production formats, methods and rules of each specific legal document have their own unique side. From the perspective of law, judicial document is a legal concept, the carrier of applicable law and the product of judicial practice. From the perspective of writing or article study, judicial document is a stylistic concept and an important part of practical writing. The former mainly reveals its legal essence and characteristics; The latter mainly reveals the attributes and characteristics of its articles.
Concepts related to but not identical with judicial documents include legal documents, litigation documents and non-litigation documents.
Specifically, judicial documents refer to all kinds of documents produced or submitted by public security organs (including state security organs), procuratorial organs, judicial organs, prison reform-through-labour departments affiliated to judicial administrative organs, notary offices, law firms, arbitration institutions, other social organizations and citizens in the process of handling all kinds of cases in accordance with legal procedures. It is produced and used in judicial activities, including both documents with legal effect and documents that do not have direct legal effect but actually guarantee the implementation of the law; It is applicable to all kinds of litigation cases as well as non-litigation cases.
Legal documents generally refer to all legally significant written materials that are produced by national legislation, law enforcement agencies, citizens, legal persons and other organizations according to law to express legal contents and record legal acts and legal facts. It is the general name of all kinds of documents with legal effect, legal significance or evidential value, which can cause certain legal consequences in the legislative and law enforcement activities of national legislation and law enforcement organs, as well as in litigation activities, civil contacts and other activities with legal significance by citizens, legal persons and other organizations. It can be seen that the connotation and extension of legal documents are much deeper and wider than judicial documents, which can include judicial documents.
As can be seen from the above, legal documents and judicial documents are both related and different concepts, so don't equate them.
Secondly, from the concept of judicial documents, we can see that it has the following four characteristics: First, the subject of judicial documents is specific, and its production and content must conform to reality and law, reflecting the authority, seriousness and policy of national laws. Second, judicial documents have legal effect or legal significance. Some judicial documents are effective and compulsory in use, which will inevitably have certain legal consequences. Third, the production of judicial documents must be carried out in accordance with legal litigation procedures, which should not only reflect the division of labor, cooperation and mutual restraint between the public, procuratorial and legal organs, but also reflect the exclusiveness of implementation. Fourthly, judicial documents have their specific contents, special scope, applicable objects and specific functions, as well as a complete system and distinctive stylistic features.
Judicial documents must be selected in strict accordance with the principle of "taking facts as the basis and law as the criterion", and the evidence must be conclusive, and every bit must be verified, and there can be no exaggeration or narrowing. This is the stipulation of materials. The language of judicial documents should be accurate, solemn, clear and concise, and should not be ambiguous. To have its own set of special terms, it must be used properly.
Judicial documents also have a unified format, which should meet the requirements of norms when making.
Zhu Yunming in Ming Dynasty pointed out: "The style is unique." Judging from the stylistic classification and article classification system, judicial documents are special documents in applied stylistics and have their own characteristics. His writing theory and knowledge is a branch of writing and an important part of applied writing. To learn the writing of judicial documents, we should start from the aspects of words and laws, conduct a comprehensive and in-depth study of all kinds of judicial documents, fully understand their nature and characteristics, and truly master their writing rules and methods. The production of judicial documents cannot be divorced from the laws of the state and the judicial practice of judicial organs, and must follow the relevant provisions and requirements of the state. Therefore, to make judicial documents, we should not only master certain theoretical knowledge and writing ability, but also understand the special requirements and necessary legal knowledge of making judicial documents. Only in this way can we write high-level and high-quality judicial documents.
The basic requirements for writing legal documents are: (1) follow the format and write all the matters; (2) The theme is clear and accurate; (3) The description is clear and the materials are true; (4) Reasoning according to law is convincing; (5) The language is accurate, concise and solemn.
The reason is the soul of legal documents and the concentrated expression of the subject's thought. When writing legal documents to explain the reasons, we should mainly pay attention to the following specific requirements: (1) list facts and evidence; (2) analyze things according to law; (3) Citing the law according to the case and arguing according to law; (4) The anaphora runs through the whole text.
Judicial documents, 1) can be divided into criminal legal documents of public security organs, litigation documents of people's courts, procuratorial documents of people's procuratorates, notarized documents, arbitration documents and lawyer's practical documents according to different producers.
(2) According to the different ways of writing and expression, it can be divided into narrative text, fill-in-the-blank text, tabular text and copied text.
(3) According to different languages, it can be divided into reports, notices, judgments, rulings and decisions.
(4) From the style of documents, it can be roughly divided into letter type, delivery type, declaration type, form type and record type.
The categories of legal documents can be divided into different categories according to different classification standards:
(1) According to different producers, it can be divided into criminal legal documents of public security organs, litigation documents of people's courts, procuratorial documents of people's procuratorates, notarized documents, arbitration documents and lawyer's practical documents.
(2) According to the different ways of writing and expression, it can be divided into narrative text, fill-in-the-blank text, tabular text and copied text.
(3) According to different languages, it can be divided into reports, notices, judgments, rulings and decisions.
Basic characteristics of judicial documents:
(1) The legality of production. All kinds of legal documents must be made according to law, which is the premise of making legal documents, and it can also be said that it is the basis of the intention of the documents.
(2) Formality of form. Legal documents are documents with obvious stylized characteristics. Although its strict procedure is an external form, it also forms a fixed stipulation in content, so it can not be ignored. The procedural characteristics of legal documents are mainly manifested in the following two aspects: ① fixed structure; ② Language becomes culture.
(3) the legality of the content. The writing content of legal documents is stipulated by law and has legal nature.
(4) the accuracy of language. Legal documents have high requirements for language-this is because legal documents are all documents with realistic legal significance, involving the fundamental interests of the state, the collective and the individual, and the use of language must be highly accurate.
(5) the effectiveness of use. Legal documents are formulated to solve some legal problems, so they are the most pragmatic.
The role of judicial documents:
(1) An important means to implement the law. (2) vivid legal publicity materials. (3) A true record of relevant legal activities. (4) Important measures for comprehensive assessment of cadres.
Specific requirements for language application of legal documents: 1. Accurate ideogram and single interpretation. 2. The text is concise and clear. 3. The writing style is simple and solemn. 4. The language is standardized and the sentences are regular. 5. praise and blame are just right, and love and hate are clear. 6. Avoid language taboos.
Finally, the important role of judicial documents in implementing national laws and strengthening the legal system construction: (1) Judicial documents are important means to implement laws, records and vouchers for judicial organs to handle cases, and important tools to reflect the will of the state, timely and accurately apply laws, punish crimes, protect people, safeguard national security and social order, and maintain socialist social order. (two) to adjust the legal relationship between the state, the collective and the individual. (3) Educate citizens to obey the law. (four) is an important national archives.
On the basic requirements of making judicial documents from the same sex of judicial documents. First, the format is standardized and the elements are complete. Second, the main idea is clear and the facts are accurate. Third, the narrative is clear and coherent. (1) Grasp the context and state the facts. (2) Write down the key plot according to the characteristics of the case. (3) show the causal relationship and make the logic tight. Fourth, the reasoning is sufficient and well-founded. Fifth, the language is accurate, concise and powerful.