论文部分内容阅读
程式性法律文书是法律关系主体按照诉讼程序的需要,依据最高人民法院、最高人民检察院、公安部等司法机关设计的诉讼文书“样式”所制作的各类文书。这些文书除了格式的特殊要求外,其主体部分,大体都有一个与其事实和结论相适应的理由部分。而理由的论述都要受法律关系主体的职能性、格式的程式性、内容的要素性及论理的法定性等的制约。虽然理由的篇幅都比较短小,但在论述时,其内容必须表明法律关系主体对案情的认识及其对控辩双方的主张和理由所持的态度。因此,理由必须
Procedural legal instruments are the main body of legal relations in accordance with the needs of the proceedings, according to the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security and other judicial organs to design the litigation document “style ” produced by all types of instruments. In addition to the special requirements of the format, the main parts of these instruments generally have a rationale that is compatible with their facts and conclusions. The exposition of reason should be restricted by the function of the main body of the legal relationship, the formality of the format, the essential element of the content and the statutory nature of the reasoning. Although the reasons for the length of time are relatively short, but in the discussion, the content must show that the legal relationship between the main body of the knowledge of the case and its arguments and arguments on both sides of the attitude held by the attitude. Therefore, the reason must be