Your court refused the withdrawal of our judge Li * * on the grounds that Li * * and the defendant are ordinary friends and have no interest in this case. I don't think your hospital has conducted an in-depth investigation into their relationship.
Li * * and the defendant Wen * * are not ordinary friends. Wen's mother and Li's father are cousins and close relatives. This is not difficult to find, and it will inevitably affect the fairness of court law enforcement. According to the provisions of Articles 23 and 24 of China's Criminal Procedure Law, I once again request your judge Li * * to recuse himself from this case.
Accordingly, we hereby request your hospital to conduct reconsideration according to law. People's Court of * * County, province, applicant: Zhou ** 19**, executor of civil application: Li *, male, aged * *, living in * * city department store, living in. * East Street, Baowei Road, * * City.
Executed by application: Zhao *, male, *, nationality, employee of * Electric Power Company, living in. * Triumph Road, * * City. Matters to be applied for execution: apply for execution of item 3 of the civil judgment of * * City Intermediate People's Court (90) Minshangzi No.98.
Facts and reasons: Due to the inheritance case, the applicant and the respondent passed the judgment of (90) Minzi No.54 by the People's Court of the Central District of ** 1 9**: "The successor Li * * left four brick bungalows at * * Street 13, with the defendant Li Jicheng in the north and two in the east. The applicant refused to accept the original judgment and appealed. * * The Municipal Intermediate People's Court made a judgment of (90) Minshangzi No.98 on * * on * * year, demanding that the appellee Li * give up a house that has been identified as the appellee within three months. "
Three months have passed since the final judgment came into effect. In the meantime, the complainant applied to your hospital twice to enforce the judgment, and your hospital replied: "We will wait for the opinions of the Intermediate People's Court after research."
The applicant believes that this case has been finally judged by the Intermediate People's Court, and it should be executed from the date when the judgment takes effect, and your hospital should not delay. In order to maintain the seriousness of the judgment of the people's court, I apply again, and ask your hospital to execute it as soon as possible according to the final judgment.
To the People's Court of Central District of * *: Li * 19** year * * year * * year * * year * * year * * year * year * year * year * year * year * year * year * year * year * year * year * year * year * Legal Representative: Du * *, male, aged * *, director.
Our unit v. Chongqing * * Sub-branch of Agricultural Bank of China for the dispute of 27756.338+0 yuan, which has been put on file by your institute. During this period, the * * District Office of Agricultural Bank of China sought mediation from people in * * District of Chongqing.
/kloc-On * * month, 0/9, with the participation of Zhu * *, deputy head of the district * * *, and Tan * *, director of the district agricultural finance office, we invited Comrade Xu *, director of the district office of the Agricultural Bank of China, and Comrade Zhang *, deputy director of the district office, to negotiate on the above-mentioned arrears of project funds. Finally, the two sides reached an agreement and formed. According to the provisions of article 127 of the civil procedure law of People's Republic of China (PRC) (for trial implementation), we hereby apply to your hospital for withdrawing the lawsuit. Please approve.
This was submitted to the People's Court of * * District, Chongqing. Applicant: China Industrial and Commercial Bank Chongqing * * Sub-branch (seal), legal representative: Du ** 19** years. After a civil case is accepted by the court and before a judgment is made, if both parties reach a settlement by themselves, they can submit a settlement agreement to the court, and the case can be closed after it is approved by the court. Structure of the settlement agreement: (1) Name of the court submitting the settlement agreement; (2) the cause of action; (3) the process of reconciliation and negotiation; (4) The specific contents of the agreement; (5) Request the approval of the court; (6) The parties and the mediator shall sign and seal, and indicate the date; (7) indicate the number of copies of the agreement and the executor.
The writing structure and format of the application for reconsideration is that the parties or enterprises, institutions, organs and organizations put forward some requests and accusations, but the judicial organ refuses to accept or reject them, but refuses to accept some measures taken by the judicial organ and applies for reconsideration of the decision. The writing structure of the application for reconsideration: Part I: the title, with the words "application for reconsideration"; Part II: Reasons for application, including reasons and reasons for applying for reconsideration; The third part: the judicial organ that changes the document; Part four: the signature of the applicant and the date of applying for reconsideration.
The format is as follows: I have received the notice. * Regarding the application for reconsideration, I have _ _ _ _ _ _ _ _ _ _ _ _. Reason for application: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Accordingly, we hereby request your hospital to conduct reconsideration according to law. To the applicant of the people's court of _ _ _ _ _: On the writing structure and format of * * * * An application for execution is a litigation document in which one party who enjoys civil rights according to an effective civil judgment (or ruling or conciliation statement) applies to the people's court with jurisdiction to start execution when the other party refuses to perform its obligations.
Application execution structure: (1) Name, gender, age, nationality, native place, occupation, work unit and address of application executor, legal representative and agent. (2) When applying for execution, the legal basis of the application for execution and the specific content required for execution shall be clearly stated.
(3) Reasons for applying for enforcement. Give the factual and legal basis for asking the other party to perform its obligations, and explain the legitimacy and legality of this request.
(four) the basic situation of the other party and its refusal to perform its obligations. (5) the other party's ability to perform its obligations.
(6) end. State the name of the court that submitted the application, the name of the applicant and the application time.
The format and structure of the application for withdrawal of a lawsuit The application for withdrawal of a lawsuit is a legal document that the prosecutor, that is, the plaintiff, applies for withdrawal of a lawsuit after filing a lawsuit in a people's court and before pronouncing a judgment. Whether the written withdrawal submitted by the plaintiff is valid or not shall be decided by the people's court, which may or may not allow it.
But once the prosecution is withdrawn, the prosecutor loses the right to sue again. The format of the application for withdrawal of the lawsuit mainly consists of the title, the reason for application, the request for withdrawal of the lawsuit, the signature of the court and the applicant, and the time.
2. How to write legal documents Original publisher: Zhao Yingli
1, please make an indictment according to the following materials: the criminal suspect Liu XX, male, from XX county, XX province, aged 26, 19XX, born on XX, Han nationality. After graduating from junior high school, Liu XX worked in agriculture for three years. Later, he was introduced to work as a handyman in XX Company in XX City on April 201/and lived in No.3 Row 13 of the company's dormitory bungalow. During his work in XX Company, Liu XX was average, with a weak sense of responsibility, lax, and often violated discipline and rules and regulations, and was criticized and educated by the company manager Xu XX and other leaders for many times. On August 20 12, Liu XX was given an administrative warning for beating and scolding the office boy Mou XX who worked together. On September 20 12, he was given a demerit for stealing 8 packs of cigarettes, 1 shirt and 250 yuan from employees of the company. 20 13 In February, XX Company issued a bonus of 20 12. Liu XX didn't get the bonus because of cheating, so he held a grudge against the company leaders, especially Xu XX, the company manager, and planned revenge and murder. On May 13, 10, Liu XX looked around for tools to commit crimes after going to work. He first went to the company kitchen and stole a kitchen knife to prepare for the crime. Seeing that there were too many people in the kitchen to start, he left. Later, he went to the company's carpentry room. He saw that only carpenter Zhu XX was working, so he went forward to chat with him and lied that he wanted to repair the tables and chairs. He wants to borrow some tools from the carpenter's shop and return them in time after use. So with the consent of Zhu XX, he took a claw hammer and a carpenter chisel from the carpenter's room and hid them under the dormitory bed. At noon 12, Liu XX sneaked into the duty room on the first floor of the company office building, waiting for an opportunity to retaliate against the leader. 1 XX enters the manager's office (room 333) on the third floor for lunch break. 1: 30, Liu XX jumps to the third floor and gently pushes open the door of Room 333. He saw manager Xu taking a nap in the office suite, and manager secretary Hou XX resting on the sofa in the outhouse of the office. So Liu XX had a brainwave, gently woke Hou XX, called him to the door, and lied that he had something important to report to Manager Xu alone. Please avoid Hou XX and find another place to rest. After Hou left,
3. The writing requirements of legal documents ① follow the format and write 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) explain the situation, the expression is concise and clear, mainly narrative, which varies from article to article.
The language is precise, simple and solemn. (a) list the facts and evidence; ② Analysis and acceptance have laws to follow; (3) citing cases and arguing according to law; 4 Before and after care, get the full text.
The principle requirements of 1. narrative are as follows: ① write down the basic elements of facts clearly; (2) the specific narrative of the key plot; ③ Causality is clearly explained; (4) We should accurately grasp the focus of the dispute and remember it clearly; ⑤ The description of property quantity is accurate; ⑥ Narrative facts are plain and orderly; ⑦ The material selection is true and typical. 2. Several elements of narrative: when telling the facts, the legal documents of criminal cases require the time and place of the crime, the perpetrator, the victim (referring to the facts that constitute the crime), the purpose, motivation, plot, means, consequences, attitude and evidence of the crime.
The narrative of civil and administrative cases focuses on the facts of the dispute between the parties, including the content 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, etc. (1) The citation method should be targeted and the extension of the citation is small, which is just suitable for the content of this case; (2) If there is a provision in the law, it shall be referred to the paragraph or item under the provision; (3) Under the condition of not affecting the written expression, the legal provisions should be introduced as much as possible, but attention should be paid to the integrity of the provisions, and they should not be taken out of context; ④ In criminal legal documents, the relevant provisions of China's criminal law should be cited first, and then the relevant decisions of the National People's Congress Standing Committee (NPCSC) should be cited.
(1) has accurate ideographic meaning and single explanation; ② The text is concise and to the point; ③ Simple and solemn style; (4) the language is standardized and the sentences are regular; (5) praise and blame are just right, and love and hate are clear; 6 language taboos, try to avoid. In the language application of legal document writing, the most common language taboos are: dialect, rogue slang and swearing.
4. The minimum writing cost of legal documents is 0.27 yuan. Open a library of members to view the complete contents > Original publisher: He Jiangwen's legal document format specification Article 1 Scope of application This legal document format specification is applicable to all written or electronic documents published in the name of the firm with the content of legal services, including but not limited to: (1) consultancy contracts or agency contracts and other agreements; (2) legal opinions; (3) lawyer's letter; (4) the lawyer's testimony; (5) Due diligence report; (6) Legal service plan and quotation letter; (7) Legal argumentation report; (8) proxy words; (9) defense words; (10) letters, power of attorney, etc.
The provisions of Articles 4 and 5 of these Standards do not apply to consulting contracts, agency agreements, other written agreements, letters and power of attorney. The second title 1. The font used in the title of legal documents is bold, with the font size of No.2. As for the center of the page.
2. There are two blank lines at the top of the title and page, and two blank lines at the top of the title and text. The third text 1. Legal documents must be addressed by honorific terms: corporate clients are uniformly identified as "Mr./Ms./Chairman/General Manager of the Company"; For individual customers, it is uniformly defined as "Dear Mr./Ms./Chairman/General Manager".
2. The font used in the text of legal documents is imitation Song, the font size is small four, the line spacing is 1.5 times the line spacing, the margins are automatically generated by word documents, the character spacing is standard, and the scale is 100%. 3. The Chinese characters "one, two, three" are used for the first-level titles, (one), (two) and (three) are used for the second-level titles, and Arabic numerals 1, 2, 3 are used for the third-level titles or arguments, followed by (1) and (2).
Do not use English letters or other symbols for sorting. 4. Text punctuation should use commas, semicolons, colons, periods, quotation marks, etc. According to the characteristics of sentence patterns, but in principle, question marks and exclamation marks are not allowed ("Tang Qisong!" Use.
5. I will talk about some simple views on the writing of legal documents for your reference only.
We can simply divide legal documents into these categories, such as court documents, procuratorate documents, lawyer documents (including legal opinions on non-litigation cases), court documents and procuratorate documents, which are probably not your concern. In fact, these things are basically the same. The legal documents issued by lawyers are complicated, involving criminal cases, administrative cases, civil cases and non-litigation cases.
These documents, it is recommended to be familiar with the writing materials, at least the format of the documents, so that the documents you write will have a "shape", but the wonderful legal documents are not so easy to imitate. If you want to use "God" to write documents, I personally think there should be at least the following points: 1. You should be very clear about the facts of the whole case and event, without missing any details. 2. The analysis of the legal relationship between this case and the incident should be in place. Only by accurately locating the legal relationship can the rights and obligations of both parties be clarified.
This at least ensures the accuracy and rigor of the document content. 3. Pay attention to the transformation of your identity. Many times, lawyers will issue relevant documents on behalf of the parties, such as complaints. At this time, you are the party. Don't cite laws and regulations in these documents to promote the law. If it is an agent, it is a lawyer, and the wording should be rigorous and standardized.
4. Read more wonderful defense words and proxy words to see people's thinking logic and word control ability. This is why other stones can attack jade. It is often seen that the agency and defense of Kyoto law firm are open and free.
My personal opinion is superficial, I hope I can give you encouragement.
6. The minimum amount for writing legal documents is 0.27 yuan. Open the library members to view the full content > Original publisher: Zhonghua Library, Chapter 1, Lawyers' Professional Documents, Section 1, Complaints 1. Complaint, criminal private prosecution, private prosecutor: defendant, cause of action and claim, facts and reasons, evidence and source, name and address of witness, to the people's court, private prosecutor: * * Attachment: 1 A copy of this complaint. Evidence, model essay, criminal private prosecutor: Su * *.
Defendant: Liu * *, male, 35 years old, Han nationality, worker of * * factory in * * county, Tianjin, living in the dormitory of our factory. Cause of action: maltreatment of family members.
Claim: The defendant commits the crime of maltreatment, so please punish him according to law. Facts and reasons: The private prosecutor and the defendant * * are married, and their feelings are still good, and each has a child.
19**, the defendant committed adultery with a female apprentice. After the private prosecutor knew it, he repeatedly reported to the defendant's unit and asked the leader to stop the defendant's immoral behavior. Due to various reasons, the problem has not been solved, which makes the private prosecutor suffer great mental pain and schizophrenia (with hospital certificate).
In order to divorce the private prosecutor, the defendant married a female apprentice and abused the private prosecutor mentally and physically. In the case of * *, the defendant used night violence to treat the private prosecutor as an excuse to force arsenic into the private prosecutor's population, hoping to kill the private prosecutor.
Because the private prosecutor gritted his teeth, the defendant's plot failed, but it caused the private prosecutor's tongue erosion, lip abscess and other serious consequences (Li * * can prove it). The name and address of the witness and the name and source of other evidence. The defendant's troublemaking behavior violated my right to health and caused huge economic losses. According to Article 1 19 of the General Principles of Civil Law of People's Republic of China (PRC) and the provisions of the General Principles of Civil Law, I shall be compensated for my medical expenses and income reduced due to missed work.
Therefore, when the xx People's Procuratorate initiated a public prosecution, I acted in accordance with the provisions of Article 77 of the Criminal Procedure Law of People's Republic of China (PRC).