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作业代写:The referee documents

2018-04-25 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- The referee documents,供大家参考学习,这篇论文讨论了裁判文书。裁判文书是法院在案件审理终结后,依据案件事实和法律,对案件实体和程序问题所作出的具有法律约束力的书面结论,具有重要的法律价值。在一定意义上,当事人所触发的法律条文可以更好地帮助人们理解法律,并且运用法律保护自身的合法权益。其次,裁判文书对法律具有宣传作用,促使法律知识传播到各家各户。裁判文书对于公民法律意识的培养还起到一定的积极作用,这有助于促进社会整体法治意识的形成。

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"Is the court written judgment after trial end, on the basis of the case facts and law, to the problem of entity and procedure by a legally binding written conclusion", it has important legal value. First of all, the adjudication instrument has the function of explaining and explaining the law. Written judgment was triggered by a judge on the parties legal explanation and illustration, in a sense, triggered by the laws, the parties may help people better understand the law, and apply the law to protect their own legitimate rights and interests. Our country law provisions in a certain sense is to describe for writing Chinese characters, and every law has its legal basis, without explanation, will cause the concept of uncertain specific malignant result. In, especially when the law conflicts between the law and the law, or concurrence of circumstances, the judge explains more need for rules, and to help the parties to decide cases, is a fair society.

Secondly, the judicial documents have a propaganda effect on the law, which promotes the dissemination of legal knowledge to various households. Because the referee documents could be breaking the law by the parties in the case clearly described, with the characteristics of a vivid and intuitive that people can clearly understand the consequences of breaking the law, legal knowledge, experience the majesty of the law and grave, which can be guidance to people. In addition, the referee instrument also plays a positive role in the cultivation of citizens' legal consciousness, which helps to promote the formation of the overall legal consciousness of society.

The judge's judgment on the facts of the case is sometimes not the same as the objective fact that has happened. For the drafting of the referee's instrument, the judge must take sufficient evidence as the principle, based on the objective existence of the legal provisions, and carefully and carefully analysis, thus concluding the conclusion. The adjudication of the tribunal is not arbitrary. Still exist such phenomenon in the individual court, the judge for the case of insufficient knowledge and analysis, and for the collection of evidence is not sufficient, sometimes disagree about the evidence of the parties is not authenticated, lack of authenticity and integrity often leads to the written judgment.

The referee's instrument is the judge's summary and analysis of the case, so the litigant must make clear and clear description of the case during the litigation so that the court can record the case in detail. If the court does not have a detailed description of the case, for example, it does not specify the time, place, etc., it will affect the integrity and authenticity of the whole case. There is also a lack of justice in the process of making judgments. Such as, no clear reflect the parties in the written judgment principles of justice, only listen to part of the litigation process, the parties have caused the judge sense impression of bias in favor of the other party. In addition, the language of the referee instrument is not standardized, there is still the text is not uniform, the format is not standardized.

One of the most important principles of justice is the justice and openness of the law. When the judge ruled in the legal document should not only ensure the reality and feasibility of legal cases get client's trust and affirmation, but also should be impartial referee disputes between the parties, and to open to the society. The law is open and fair is the guarantee of the legal value of the judicial documents. Both civil cases, and is a criminal case, the judge's jurisdiction has important influence, to determine whether the personal freedom of the parties, and exists in the world, as a result, the judge in the justice of judicial documents, publicity should be given to guarantee, have to achieve the objective of the trial is reasonable.

The judicial document plays an important role in judicial reform, so it is necessary to make up for the shortcomings of the judicial system. The reform of the judicial system requires not only the collective reform of the judicial system, but also the combination of the goal of reform and the expected time. For example, the improvement of the way a judge in judicial reform, clear each committee and other organizations, and the relationship between the leadership and responsibility, non-interference in each other and true reality the judge's independent jurisdiction. To perfect the deficiencies in the judicial system can not only create a favorable environment for the system of the adjudication instrument, but also lay the prerequisite for the reform of the judicial documents.

The judge played a vital role in the whole case. Written judgment is the carrier of judicial justice and the judges is to judge the decision-maker of the documents, the moral quality of the results of the fairness and justice, as well as knowledge of legal knowledge are closely related. If the overall quality of the judges is low and the legal knowledge is relatively deficient, the existence of the judicial documents will have no legal value. Therefore, it is necessary to improve the moral quality of the legal workers and the scientific and cultural quality in the first place. The selection mechanism of strict legal talents should be established, and high-quality legal talents should be introduced to make up for the lack of local legal talents.

The adjudication instrument is not only the court's trial of the case, but also the embodiment of the national will. Referee instruments are of great legal value both at home and abroad. China's judicial organs in the reform of the written judgment, should actively absorb foreign outstanding achievements, in the current China's actual situation as a starting point, the characteristics of building socialism with Chinese characteristics, the written judgment to judge the legal value of the documents, reveal the law of justice and public.

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