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.
What are the main elements that legal documents should state when describing facts?
When legal documents describe facts, the factual elements that need to be stated can be divided into two categories: one is the narrative of criminal cases; The other category is the narrative of civil and administrative cases (including a large number of factual narratives of non-litigation cases). The former requires that the time, place, perpetrator and defendant, purpose, motivation, plot, means, consequences, attitude and evidence (referring to criminal facts) of the crime be stated. The latter describes the disputed facts of the parties, including the contents of the dispute, the time and place of occurrence, the people involved, the development process (cause, process and result) of the dispute, the opinions and evidence of the parties.
What are the specific requirements for the language use of legal documents?
1. Accurate ideograms and single explanation.
Legal documents are part of the written form that embodies and implements national laws, and part of them are legal documents that the parties put forward litigation requests or demands to national law enforcement agencies. Therefore, its words must be precise in meaning and single in explanation, so as to avoid any problems in understanding and performance.
2. The text is concise and clear.
Because as a document with legal significance or a document submitted by a party to a law enforcement agency, the language must be concise and clear, not detailed and lengthy, but the situation and facts that must be explained, the reasons and legal basis that must be expounded must not be too brief or rough; Therefore, it is necessary to prepare the text.
3. The writing style is simple and solemn.
The style of legal documents belongs to official document style. Simplicity, preciseness and solemnity are restricted by its serious legal content.
4. The language is standardized and the sentences are regular.
The language of legal documents is the standard written language. It strives to conform to grammatical rules, with regular sentences and complete components.
5. praise and blame are just right, and love and hate are clear.
Most of the contents of legal documents are related to handling cases of illegal infringement and criminal acts. Therefore, legal documents have a distinct attitude of praise and criticism and a strong emotional color.
6. Avoid language taboos.
Legal documents often have some common problems that must be avoided and paid attention to in language use. First, avoid dialects; Second, avoid using rogue slang; Third, avoid swearing; Finally, try to avoid using typos.
The writing requirements of legal documents mainly include the following points:
(1) Strengthen the study of political theory, policy and law;
(2) Adhere to the writing principle of "taking facts as the basis and law as the criterion";
(3) Seriously study the nature, functions and writing methods of various legal documents;
(4) Establish a rigorous and simple style of writing, not describing and portraying, and not portraying images.
1. Concept and classification of indictment
A complaint is a legal document that brings a public prosecution or private prosecution to the court. The legal document of public prosecution is usually called indictment or indictment, which refers to the legal document produced by the people's procuratorate on behalf of the state to prosecute the defendant who should be investigated for criminal responsibility according to law to the people's court at the same level according to the provisions of the judicial organs. Legal documents of private prosecution are usually called pleadings, pleadings, pleadings and so on. , refers to the individual citizens, organs, organizations, enterprises and institutions as the plaintiff to the people's court legal documents.
According to the different objects of prosecution, complaints can be divided into three categories: criminal complaints, civil complaints and administrative complaints.
A criminal indictment is a legal document in which the private prosecutor or his legal representative of a criminal case directly brings a lawsuit to the people's court, accuses the defendant of a criminal act, and demands that the defendant be investigated for criminal responsibility or incidental civil liability.
A civil complaint is a legal document that the plaintiff or his legal representative in a civil case brings a lawsuit to the people's court in order to safeguard his civil rights and obligations.
An administrative complaint is a legal document that citizens, legal persons, other organizations or their legal representatives believe that administrative organs and their staff infringe upon their legitimate rights and interests when exercising administrative power, and bring a lawsuit to the people's court according to the provisions of the Administrative Procedure Law and other relevant laws and regulations.
2. The format and writing of the complaint
The format and writing of all kinds of complaints are basically the same, but due to the different subjects of litigation, the complaint of public prosecution is slightly different from the criminal complaint, civil complaint and administrative complaint of private prosecution.
(1) format and writing of indictment
The format of the indictment mainly includes three parts: head, body and tail. Please refer to the textbook for the specific format.
The writing method of the first part:
First, the title and number. The title consists of the name of the writing organ and the name of the document. The serial number consists of year, hospital name (abbreviation), department (abbreviation) and serial number.
Second, the basic situation of the defendant. Name (alias, alias), gender, age (date of birth), nationality, native place, education level, occupation, address, whether or not he has been subjected to criminal punishment, etc. If there are several co-defendants, they shall be stated in the order of principal, accessory and coerced accessory.
The writing method of the text:
First, the cause and source of the case. Indicate the unit, time and process of case transfer for review and prosecution.
Second, criminal facts and evidence. When describing the criminal facts of the defendant, the indictment must be the facts verified by the procuratorate. It is necessary to truthfully record the time, place, motivation, purpose, means, process and consequences of the defendant's crime. Write down the main criminal facts in detail, and briefly record the minor criminal facts. Criminal evidence needs to be written in a new paragraph, listing the evidence verified in the case one by one, and at the same time showing a clear attitude such as "the evidence is true and sufficient".
Third, the reasons and legal basis for prosecution. It is necessary to highly summarize the criminal facts of the defendant, accurately identify which article and paragraph of the criminal law the defendant violated, and explain the purpose and suggestions of public prosecution.
Writing at the end:
First, the addressee. Generally, the words "to the people's court of * *" are used, and the format is the same as that of letters.
Second, sign. Signature of the chief procurator or procurator, year, month and day, and official seal.
Third, the attachment. Including the number of volumes, volumes and pages of the file; The name and quantity of the evidence; The name and place of detention of the defendant, and if not detained, the address should also be provided; Occupation and address of the witness; Interpretation of incidental civil litigation pleadings, etc.
(two) the format and writing of the complaint
Please refer to the textbook for the writing format of the complaint. The indictment consists of three parts: head, body and tail.
The writing method of the first part:
I. Title: It consists of the nature and language of the case. Such as "civil appeal", "criminal appeal" and "administrative appeal".
2. Basic information of the parties: The plaintiff column and the defendant column shall indicate the names, gender, age, nationality, place of origin, occupation, work unit and address of the plaintiff and the defendant respectively. If the plaintiff is a minor under the age of 18, the name of the legal representative and the relationship with the plaintiff shall be stated. If the plaintiff is a legal person or an organization without legal personality, the name and address of the unit, the name, position, telephone number and related contents of the legal representative (or principal responsible person) shall be stated. If the plaintiff is a citizen or a legal person and has an entrusted agent ad litem, it shall specify the name, unit and agency authority of the entrusted agent ad litem.
There are several plaintiffs and defendants who should explain their basic situation in turn according to their role and status in the case.
The writing method of the text:
1. Litigation request: mainly write the specific content of requesting the people's court to protect their legitimate rights and interests, that is, the fundamental purpose and requirements of prosecution.
2. Facts and reasons: This part is the core part of the indictment, including facts and reasons, and it is an important basis for requesting the people's court to solve the plaintiff's claim, mainly by presenting facts and reasoning.
Third, the evidence and its source, the name and address of the witness.
Writing at the end:
First, the addressee. Generally used as "this is a lawsuit to the people's court of * *", and can also be used as "for this reason, we sue your hospital, please make a judgment according to law".
Second, the signature of the prosecutor, the signature and the time of prosecution.
Third, the attachment. Including the number of copies of the complaint, physical evidence and documentary evidence.
3. Writing requirements of the complaint
(1) The required items shall be clear, specific, reasonable and feasible;
(2) state the facts objectively and truly, and highlight the key points;
(3) The reasons should be to the point, and the cited laws should be accurate.
Format and writing of appeal
The appeal consists of three parts: the head, the body and the end. Please refer to the textbook for the format of the appeal.
The writing method of the first part:
(1) title. It includes the nature and language of the case.
(2) Basic information of the parties. The content and order of writing are the same as those of the complaint. However, the litigation status of the parties in the first instance (plaintiff, defendant or third party) should be indicated in brackets. In a case of public prosecution, only the appellant is written, not the appellee.
(3) the reason. That is, the fact that the judgment or ruling of the first instance is not accepted.
The writing method of the text:
(1) appeal request. It shall clearly state that it requests the people's court to cancel or change the original judgment or ruling, or to try the case again.
(2) the reasons for the appeal. Mainly write a rebuttal to the original judgment or ruling according to facts and laws. Usually, it is carried out from three aspects: whether the facts are clear, whether the law is applicable properly and whether the proceedings are legal. In the process of rebuttal, we should pay attention to positive reasoning and clarify the legal basis for correcting the judgment or ruling of the original trial.
Writing at the end:
(1) Recipient. Generally, the words "bring a lawsuit to the people's court of * *" are used.
(2) signature. The appellant's signature, seal and date of appeal.
(3) attachment. List the number of copies of the appeal, physical evidence and documentary evidence.
4. Written requirements for appeal
(1) Grasp the key points and be targeted. The appeal should mainly put forward the reasons why the judgment or ruling of the first instance is wrong or improper in ascertaining the facts, determining the nature of the judgment, applying the law and legal procedures, and not the other party.
(2) The method of quoting the original judgment is appropriate. The writing of the grounds for appeal is similar to refuting the article. Generally, write the mistakes or shortcomings of the original judgment first, and then refute it. Quote the contents of the original judgment, according to the specific needs, you can quote the original judgment or ruling of the first instance, or you can quote the general idea of the judgment or ruling of the first instance by induction and generalization.
Format and writing of petition
The format of the appeal is basically the same as that of the appeal, and it also consists of three parts: head, body and tail. Please refer to the textbook for the format of the petition.
The writing method of the first part:
(1) title. It includes the nature and language of the case.
(2) Basic information of the parties. State the name, gender, age, nationality, native place, occupation and address of the complainant. If the complainant is detained, the place of detention should be indicated. If it is a complaint from a legal agent, a close relative or other citizen, the name, occupation and relationship with the complainant shall be stated. If a party to a civil case complains, it shall state the basic situation of the other party.
(3) the reason. That is, the fact that the judgment or ruling is not accepted.
The writing method of the text:
(1) In the appeal request, it is necessary to explicitly request to cancel, change the original judgment, ruling or retrial, so as to correct the improper judgment of the original trial.
(2) the reason for the complaint. Mainly based on facts and laws to write a defense and refute the original judgment or ruling. Usually, it is carried out from three aspects: whether the facts are clear or whether new facts and evidence are provided, whether the law is applicable properly, and whether the proceedings are legal. In the process of rebuttal, we should pay attention to positive reasoning and clarify the legal basis for correcting the judgment or ruling of the original trial.
Writing at the end:
(1) Recipient. Generally, the words "bring a lawsuit to the people's court of * *" are used.
(2) signature. The complainant's signature, signature and date of appeal.
(3) attachment. Effective judgments, rulings and other relevant evidential materials.
4. Requirements for writing petitions
(1) The statement is clear, so pay attention to the new evidence. In order to achieve the purpose of appeal, the key is to attract the attention of the people's court before retrial. Therefore, when making a complaint, we should pay special attention to comparing the facts of the complaint with those identified and handled by the original referee, and describe them clearly. In particular, we should pay attention to the use of new facts and evidence, because new facts and evidence may overturn or change the legally effective judgment in whole or in part.
(2) combining refutation with evidence and writing according to law. Refutation is the most commonly used and effective method in the complaint, which is often combined with the method of proof, grasping the key points in the original judgment to establish rebuttal arguments, and defending, refuting and demonstrating based on facts and laws.
Format and writing of defense
The form of defense consists of three parts: head, body and tail. Please refer to the textbook for the format of defense.
The writing method of the first part:
(1) title. It includes the nature and language of the case.
(2) the basic situation of the respondents. Including name, gender, age, nationality, native place, occupation, unit and address. If there is an entrusted agent ad litem, specify the name and unit of the entrusted agent ad litem; If the respondent is a legal person or an unincorporated organization, the name and address of the unit, the name, position, telephone number and related contents of the legal representative (or principal responsible person) shall be stated. Generally speaking, the defense does not include the situation of the respondent.
(3) cause of action. Generally, the idiom "The defendant made the following reply because of the case of _ _ _ _" is used to lead to the text.
The writing method of the text:
The subject of the defense mainly states the reasons for the defense. The reasons for defense should be refuted and defended against the plaintiff's or appellant's claims and the facts and reasons on which they are based, and the defense is refutable and targeted. Narrating the defense reasons usually starts from the following two aspects:
(1) Refute and defend the factual errors or inaccuracies. Facts are the basis for judging right and wrong, and people's courts must try cases on the basis of facts. The facts stated in the indictment and appeal may be inaccurate or even wrong. The defense should refute and defend the mistakes and inaccuracies and admit the true part.
(2) Refuting and defending the improper application of the law. On the basis of finding out the facts, in accordance with the relevant provisions of the law, refute and defend the improper application of the law to complaints and appeals, and put forward reasonable and legal defense opinions; You can also make comments on the illegal prosecution and appeal procedures or the untrue evidence.
How to write the tail:
(1) Send the name of the people's court.
(2) Signature of the respondent.
(3) Time for filing a defense.
(4) Appendix. Indicate the number of copies of the defense and relevant evidence.
3. Requirements for writing defense
(1) Respect objective facts. The facts of all kinds of litigation cases are often complicated, and the reason why they go to court is often controversial. Therefore, respecting the objective facts of the dispute and truly and comprehensively reflecting the case are the premise and basis for the respondent to help the court distinguish right from wrong and finalize the case according to law. Let the facts eloquently prove that their defense reasons are sufficient, instead of concealing, disguising or distorting the facts, let alone making unreasonable excuses. Do not use defamatory or insulting language to personally attack the plaintiff or appellant.
(2) It should be clearly targeted. In reply, the defendant or appellee should pay special attention to the claims, facts, reasons and basis put forward by the plaintiff or appellant in the indictment or appeal, and clearly write out what he admits, denies and what are the reasons and basis for denial? Refute the irrationality in the indictment or appeal, and put forward your own reasons, evidence and specific requirements. When writing a defense, you should avoid leaving the questions raised in the complaint or complaint, write what you think is useful according to your own subjective wishes, and ensure the pertinence of the defense.
(3) Respond closely to the focus of controversy. Since the defense is a rebuttal of the complaint or appeal, it should be based on the focus of the dispute between the two sides, based on facts and evidence, and taking the law as the criterion to refute the plaintiff's or appellant's substantive rights request, instead of avoiding the focus, pestering the details, or covering everything, ignoring the details, repeating the case and going straight to the point.
Format and writing of counterclaim
The content and structure of counterclaim and indictment are basically the same, and they are all composed of a head, a body and a tail. Please refer to the textbook for the format of counterclaim.
The writing method of the first part:
(1) title. It includes the nature and language of the case.
(2) Basic information of the parties. Parties refer to counterclaims and defendants, and indicate their litigation status in this lawsuit, such as "counterclaims (defendants in this lawsuit)" and "defendants in this lawsuit (plaintiffs in this lawsuit)". Its basic situation is the same as the complaint.
The writing method of the text:
(1) counterclaim. State the specific requests and requirements for counterclaiming the people's court to solve the civil rights dispute or criminal offence in this case according to law.
(2) Facts and reasons. The facts and reasons of counterclaim are basically consistent with the indictment. However, it should be noted that according to the law, counterclaims must be implicated in this lawsuit in order to achieve the purpose of mutual compensation. Therefore, the facts described must be the same as and relevant to this complaint, and the infringement and criminal acts of the respondent should be clearly stated. Explaining the reasons for counterclaim should be based on facts and relevant laws and regulations, clarifying the nature of the case, the responsibility of the respondent and the opinions on solving the problem.
(3) evidence. State the evidence sufficient to prove the counterclaim, including the name, number and source of the evidence, as well as the name and address of the witness.
Writing method at the end:
(1) Send the name of the people's court.
(2) Counterclaim signature.
(3) the time when the counterclaim is made.
(4) Appendix. Including the counterclaim and the number of copies of evidence.
5. Requirements for writing counterclaims
(1) A counterclaim shall be contrary to or contrary to this lawsuit, and an independent claim shall be made from an opposite or opposite angle, and demonstrated with facts and reasons contrary to this lawsuit.
(2) The counterclaim request, facts and reasons shall be based on the same legal facts or the same legal relationship as the case. There should be a real connection between the two complaints.
(3) The facts and evidence of counterclaim should focus on the counterclaim content of counterclaim.