The legal effect of the certificate, does the certificate have the legal effect

1. Evidentiary effect;

2. Enforcement effect;

3. The validity of the requirements for the establishment of a legal act;

4. Extraterritorial effect.

A typical example is a certificate issued by the village committee that the husband and wife have been separated for two years. These proofs are admissible in the absence of evidence to the contrary.

If some laws require factual evidence, the certificate issued has no legal effect. For example, a marriage certificate is required for divorce, and the parties lose it, and as a result, they go to the village to make a certificate, which is completely invalid.

Article 56 of the Civil Procedure Law of the People's Republic of China: Where a third party finds that the parties have the right to make an independent claim, they have the right to initiate a lawsuit.

Where a third party does not have the right to make an independent claim on the subject matter of the litigation between the parties, but has a legal interest in the outcome of the case, he may apply to participate in the litigation, or the people's court may notify him to participate in the litigation. A third party who is judged by a people's court to bear civil liability has the procedural rights and obligations of the parties.

Where the third parties provided for in the preceding two paragraphs do not participate in litigation for reasons not attributable to themselves, but there is evidence showing that part or all of the content of the legally effective judgment, ruling, or mediation document is wrong, harming their civil rights and interests, they may file a lawsuit with the people's court that made the judgment, ruling, or mediation document within six months from the date on which they knew or should have known that their civil rights and interests had been harmed. Where the people's court finds the litigation claim sustained after trial, it shall modify or revoke the original judgment, ruling, or mediation document; Where the litigation claim is not sustained, the litigation claim is rejected.

Article 67: People's courts have the right to investigate and collect evidence from relevant units and individuals, and relevant units and individuals must not refuse.

The people's courts shall distinguish the authenticity of the supporting documents submitted by relevant units and individuals, and review and determine their validity.

Article 69: The people's courts shall be the basis for determining the facts of legal facts and documents that have been notarized and proved through legally-prescribed procedures, except where there is evidence to the contrary sufficient to overturn the notarized proof.

Legal analysis: It has legal effect, but it also depends on whether the specific content of the proof can prove the facts to be proved. Handwritten proof materials are legally valid if they meet the following conditions:

1. The intention of the parties is true; 2. The party himself or herself signs; The content of the certificate does not violate the law; 3. As long as the facts of the case can be proved, it can be used as evidence. At the same time, the evidence needs to meet the three criteria of authenticity, legitimacy and relevance.

Legal basis: Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings

Article 11: Parties providing evidence to the people's courts shall provide the originals or items. Where it is necessary to keep the original or original evidence of the judgment by yourself, or to provide the original or the original nuclear rolling material and it is truly difficult to modify the liquid, a copy or replica that has been verified by the people's court may be provided.

Article 21: Documentary evidence collected by people's courts through investigation may be originals, or copies or reproductions that have been verified to be correct. Where it is a copy or reproduction, it shall be explained in the investigation record and the circumstances of evidence collection.

The legally valid certificate is written as follows:

1. Title, take the main content to be proved as the title. Do not only write supporting materials or certification letters and certificates, which will cause inconvenience to the other party's unit to find and use these materials in the future;

2. Header, some certification materials have a clear main sending unit, and the full name of the main sending unit should be written in the top box at the beginning of the certification materials, and the main sending unit can also be omitted if there are general certification materials;

3. The main text is the main part of the supporting materials, and the true situation of the relevant person or event that needs to be proved should be clearly written;

4. Signature, the full name of the unit or individual who provided the supporting materials should be written at the bottom right of the supporting materials, and the date of the certificate should be indicated;

5. Check that it is correct and affix the official seal of the unit.

Civil Code of the People's Republic of China

Article 470.

The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts. Article 472.

An offer is an expression of intent to enter into a contract with another person, and the expression of intent should meet the following conditions:

1) The content is specifically determined;

2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.

The personal certificate can be written like this:

1. Two copies of the certificate of employment, one in Chinese and one in English. The Chinese version is stamped with the company's official seal as the official language version, and the English translation is attached to the Chinese version for easy reading and understanding by the consular staff of the embassy.

2. The content of the certificate of incumbency needs to include: the name of the unit, my position and income, travel time, the position of the person in charge, the signature and fax, fax and the business license of the unit, the certificate number of the enterprise organization, and it is necessary to indicate that the sponsor will return to China on time.

3. The certificate of incumbency needs to be printed on the company's letterhead and stamped with the company's red seal, which can be the departmental seal of the personnel department or the official seal of the unit. If there is no company letterhead or handwritten certificate, a copy of the business license of the unit must be attached.

4. The certificate of incumbency needs to be in office for more than 6 months, if it is less than 6 months, it is necessary to make up for the certificate of incumbency of more than 6 months in the previous position, and the term of office must be within 3 months.

5. If it is a group visa, applicants from the same unit should be typed on the same letterhead in the form of a list, and each person must provide the original guarantee.

6. If the applicant is the person in charge, the signature of other person in charge is required, and the signature of the applicant is invalid.

7. If you are unable to provide the "certificate of employment", please provide four blank letterheads of the company and stamp the company's red seal.

Specific sample templates.

Legal analysis: There are no special requirements for a legally effective certificate, as long as it is true and the form is legal, it will have legal effect.

Legal basis: Article 143 of the Civil Code of the People's Republic of China Civil juristic acts that meet the following conditions are valid:

1. The actor has the corresponding capacity for civil conduct;

2. Qiao) means true;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Whether the written certificate has legal effect needs to be judged according to the actual situation, and the conditions that need to be met for a valid written certificate are as follows:

1. The actor has the corresponding capacity for civil conduct;

2. The meaning is true; Friend segment.

3. It does not violate the law or the public interest;

4. Do not violate public order and good customs.

Written evidence of the dispute resolution method is as follows:

1. Settlement refers to the way in which the parties can negotiate again in the event of a dispute, and reach an agreement on the disputed matters on the basis of respecting the interests of both parties, so as to solve the dispute;

2. Mediation refers to the resolution of disputes between parties through the use of persuasion and education under the auspices of a third party;

3. Arbitration; 4. Litigation means that after the dispute occurs, if the parties do not have an arbitration agreement, either party may file a civil lawsuit with the people's court and request the people's court to deal with the dispute in accordance with the law.

Civil Code of the People's Republic of China

Article 142:Interpretations of expressions of intent with counterparts shall be based on the words and phrases used, combined with the relevant provisions, the nature and purpose of the conduct, customs, and the principle of good faith, to determine the meaning of the expression of intent. Interpretations without the expression of intent of the counterpart cannot be completely confined to the words and phrases used, but should be combined with the relevant provisions, the nature and purpose of the act, customs, and the principle of good faith to determine the true meaning of the actor. Article 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

Article 145:Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely for the benefit of the individual, or civil juristic acts appropriate to their age, intelligence, or mental health are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person. The counterpart may urge the legally-prescribed person to make a retrospective recognition within 30 days from the date of receipt of the notice. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize.

Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.

Legal analysis: There are no special requirements for a legally valid certificate, as long as the content is true and the form is legal, it will have legal effect. The legal effect can be divided into the effect of normative legal documents and non-normative legal documents.

The effect of normative legal documents, also known as legal effect in the narrow sense, refers to the effective scope or scope of application of the law, that is, the law is binding on whom, what, where and when. The certificate is a narrow sense of legal effect.

Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties, and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Careful methods of dispute resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.