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法院制作的具有给付内容的生效法律文书(包括判决书、裁定书、调解书),是案件得以执行的依据.这类法律文书制作得是否规范,在一定程度上影响着执行工作的质量和效率.近年来,特别是在新的诉讼文书样式试行以后,各级法院都采取了多种措施,提高办案人员的写作水平,但是,少数法律文书仍然存在着格式不规范,语言表达不明等问题,下面,笔者仅就案件执行环节发现的问题列举一、二,供大家酌量.第一,给付时间不明确.即在裁判结果部分没有规定当事人履行义务的具体时间或对当事人履行义务时间规定得不明确.如一份债务纠纷案件判决书,其判决结果部分写道:“根据民法通则X条X款规定,判决如下:被告XXX偿还原告XXX货款1500元”.再如某份
The effective legal instruments (including judgments, rulings and conciliation statements) made by the court with payment content are the basis for the enforcement of the case, and whether such legal instruments are produced to a certain extent will affect the quality and efficiency of implementation. In recent years, especially after the trial of the new style of litigation, the courts at various levels have taken various measures to improve the writing skills of investigators. However, there are still some problems in some legal documents, such as non-standard format and unclear language expression. , The author lists only one or two of the problems found in the execution of the case for your consideration.First, the time of payment is not clear, that is, the specific time when the result of the adjudication is not stipulated that the parties fulfill their obligations, or the time is not clear for the parties to fulfill their obligations As a judgment of debt dispute case, part of the verdict: “According to Article X X of the General Rules of Civil Law, the verdict is as follows: The defendant XXX repay the plaintiff XXX 1500.”