Description
Convert case file materials into a format-compliant civil or criminal judicial document. This skill itself does not perform legal provision retrieval or evidence evaluation; rather, in drafting each paragraph of the document, it identifies what kind of legal judgment is currently needed, explicitly invokes the corresponding atomic skill, and integrates its results into the body of the document. Before writing each paragraph, first see what capability needs to be invoked here, and after invoking it, proceed with drafting the document.
Instruction Steps
Step One: Input
Read all case file materials provided by the user and complete the following two steps:
-
Determine whether it is civil or criminal, based on the following signals:
- The prosecuting subject is a natural person/legal person → civil; the prosecuting subject is a People's Procuratorate → criminal; if the prosecuting subject is a natural person, but the cause of action or litigation claims involve pursuit of criminal liability (such as the crime of intentional injury, the crime of defamation, etc.), it is determined to be a criminal (private prosecution) case, → criminal
- The core dispute concerns civil rights and obligations → civil; the core dispute concerns whether a crime is constituted → criminal
- If the materials are insufficient to determine → pause, and require the user to supplement
-
Invoke
法律核心要素提取（Skill #4）, and extract and register from the case file: party information, legal relationships (preliminary), litigation claims or charges, key factual timeline, evidence list, procedural information. Mark each item as "complete" or "missing."
Note: When the identity information of a party is seriously missing (the plaintiff/defendant or defendant cannot be determined), pause drafting and list the missing items to the user.
Execution result: civil → Step Two-A; criminal → Step Two-B; if a pause is triggered → immediately terminate this execution of the skill, output the missing items list, and wait for the user's reply.
Step Two-A: Drafting a Civil Judgment
Draft in the order of the following seven sections.Before drafting each section, first confirm whether an atomic skill needs to be invoked; if needed, invoke it and record it.
A-1. Title
- Court name (for basic-level/intermediate courts, prefix with the provincial-level name; for foreign-related cases, prefix with "People's Republic of China")
- Document name (Civil Judgment)
- Case number: (year) court code + type code + serial number + No. Use Arabic numerals for the year and full-width parentheses.
A-2. Header — Parties and Trial Process
- For a natural person write: name, gender, date of birth, ethnicity, occupation/unit position, domicile (based on ID card/household registration)
- For a legal person write: full name, domicile, name and position of the legal representative
- Order of litigation status: first instance plaintiff → defendant → third party; second instance appellant (with original trial status in parentheses) → appellee → others
- For entrusted litigation agents, start a new line; for lawyers write "name, lawyer of XX Law Firm"
- Punctuation: after litigation status use acolon, and after the name use acomma
- Case origin: write the case name and source; trial process: write the filing date, applicable procedure, hearing method, and persons appearing in court
Call: 争议焦点和法律关系识别(Skill #6) → confirm whether the cause of action is accurate.
A-3. Facts section
Write in three parts in order:
(1) Claims and defenses: Plaintiff's claims + facts and reasons → defendant's defense → third party's statement. Synthesize the complaint and trial opinions in the wording; do not copy verbatim. After "defendant argued" usecomma, and after "××× filed a lawsuit with this court requesting" usecolon。
(2) Overview of evidence and cross-examination: Start a new paragraph with "The parties in this case submitted evidence in accordance with the law around the claims, and this court organized the parties to conduct an exchange of evidence and cross-examination."
(3) Evidence findings and fact findings:
- Undisputed evidence: "Evidence to which the parties have no objection is confirmed by this court and kept on file as corroboration."
- Disputed evidence:Call
证据效力（Skill #12） → assess the three attributes and probative force item by item → state the evidence name, the court's finding opinion, and reasons. - Fact findings are narrated in chronological order, and may be supplemented with the introductory phrase "It is also ascertained that".
Note (three situations requiring mandatory pause):
- The plaintiff and defendant make completely contradictory statements on the same fact and both have evidence → call
证据效力（Skill #12）+冲突解决和优先级判定(Skill #20), and continue only after reaching a conclusion- The three attributes of key evidence are questionable (unclear source, copy without original for verification) → call
证据效力(Skill #12), and first reach a conclusion on whether to admit the evidence- There is a dispute over the characterization of the legal relationship (such as a dispute over the nature of a contract) → call
争议焦点和法律关系识别（Skill #6）+法律概念理解(Skill #5); the characterization conclusion determines the manner of fact narration
A-4. Reasoning section ("This court holds")
Begin with "This court holds that," (Note: use a comma after it). This is the core paragraph of the document; apply the following skill invocation rules:
| Step | Atomic skill invoked | Purpose |
|---|---|---|
| 1 | 争议焦点和法律关系识别（Skill #6） |
Determine the nature of the dispute and list the issues in dispute |
| 2 | 法条检索（Skill #8） |
Retrieve laws, regulations, and judicial interpretations corresponding to the issues in dispute; if there is a conflict of laws, determine the priority |
| 3 | 冲突解决和优先级判定（Skill #20） |
If there is a conflict of rights, determine the priority |
| 4 | 演绎推理（Skill #16） |
Using the syllogistic structure of major premise (legal norm) + minor premise (ascertained facts) → conclusion, argue each issue in dispute one by one |
| 5 | 案例检索（Skill #9） |
When a guiding case needs to be cited |
| 6 | 法官价值判断（Skill #22） |
Balancing of civil interests in adjudication |
Requirements for the reasoning structure:
- Develop one by one around the issues in dispute, with clear levels
- When citing law, must state: full name of the normative document + article, paragraph, and item number
- When citing an "item", always use Chinese characters without parentheses (e.g., "第一项", not "第（一）项")
- The final paragraph may use "In summary" to introduce the overall assessment of whether the claims are supported
Note:
- There is a conflict between legal provisions → call
法条检索(Skill #8), and continue after determining the hierarchy according to the Legislation Law- There is ambiguity in the subsumption between the facts and the elements of the legal provision → call
法律概念理解(Skill #5) to first define the extension of the concept, then determine whether the facts fall within it- If interest balancing or proportionality review is needed → call
法官价值判断(Skill #22), expressly state the balancing process, and do not avoid it
A-5. Basis for the Ruling
After "in accordance with", list the legal provisions on which the judgment is based, in the following citation order:
- Laws and legal interpretations → administrative regulations → local regulations → judicial interpretations
- At the same level: basic laws first, other laws after
- Substantive law first, procedural law after
Prohibited citations: the Constitution, trial guidance documents of courts at all levels, meeting minutes, and reply opinions (their principles and spirit may be elaborated in the reasoning, but they shall not serve as the basis for the ruling).
Format: "In accordance with the provisions of Article ×, paragraph ×, item × of the 《×××》 ..., the judgment is as follows:" (after "the judgment is as follows" use acolon）
A-6. Operative Part of the Judgment
- Use Chinese numeral characters for the numbering (one, two, three ...), and after the number use apause mark
- Use the full names of the parties
- For monetary payment, it must be stated clearly: the principal on which interest is calculated, the interest rate, and the start and end times
- For multiple payments, first list the name and amount of each item, then write the cumulative amount
- The performance period must be clear
A-7. Tail Section and Signature
- Litigation costs: start a new paragraph (not included in the operative part of the judgment), stating the case acceptance fee and how it is to be borne
- Notice of delayed performance (must be included when there is an obligation to pay money): "If the obligation to pay money is not performed within the period specified in this judgment, interest on the debt for delayed performance shall be paid at double the rate in accordance with Article 264 of the Civil Procedure Law of the People's Republic of China."
- Notice of right to appeal: "If dissatisfied with this judgment, you may, within fifteen days from the date of service of the judgment, submit a statement of appeal to this court, and provide copies according to the number of opposing parties or their representatives, and appeal to the ×××× People's Court."
- Signature: signed by the presiding judge / judge / people's assessor → the date in Chinese numeral characters (e.g., August 29, 2024) → "This copy has been checked against the original and is identical" → signed by the court clerk
Step Two-B: Drafting a Criminal Judgment
Strictly follow the format of a criminal judgment (ordinary procedure for a first-instance public prosecution case), and draft in the following order.
B-1. Title
The format is the same as in civil cases, but the document name is changed to "Criminal Judgment", and the case number type code is changed to the criminal code.
B-2. Head Section
- Public prosecution organ: "Public prosecution organ ××× People's Procuratorate." (no punctuation and no space between the name and "public prosecution organ")
- Basic information of the defendant: name (note aliases/assumed names in parentheses), gender, date of birth (required if a minor), ethnicity, place of birth, education level, occupation/unit position, residence, prior criminal record, compulsory measures (time of detention/arrest, used to offset the sentence), current place of custody
- Multiple defendants are arranged in order of principal and accessory relationship
- The defender is written on a separate line, stating name, work unit, and position; for appointed defense, write "appointed defender"
- Trial process: write the procuratorate's indictment document number and the date of prosecution → composition of the collegial panel → method of hearing → persons appearing in court → end with "The trial has now been concluded."
B-3. Facts Section
Write in four natural paragraphs:
- The criminal facts, evidence, and legal opinions charged by the procuratorate → Call
法律核心要素提取（Skill #4） - The defendant's confession, defense, and self-defense opinions
- The defender's defense opinions and evidence
- "Upon trial, it was ascertained that ..." → the facts ascertained by the court + the evidence on which the decision is based and its sources + analysis and verification of disputed evidence
→ Call
证据效力（Skill #12） +争议焦点和法律关系识别（Skill #6）
Rules for factual narration: narrate in chronological order; for one person committing multiple crimes, narrate according to the primary and secondary seriousness of the crimes; for joint crimes, narrate with the principal offender as the main thread; for group crimes, summarize first and then describe separately.
Note: When the prosecution and defense have a major dispute over the facts of the crime, they must first call
证据效力(Skill #12) to analyze and authenticate each item, and it is strictly prohibited to replace the specific authentication process with general expressions such as "the evidence is sufficient, the defendant has also confessed, and it is enough to determine."
B-4. Reasoning section ("This Court holds")
Mandatory call chain:
| Step | Atomic skill called | Purpose |
|---|---|---|
| 1 | 争议焦点和法律关系识别（Skill #6） |
Determine whether the defendant's conduct constitutes a crime and what crime it constitutes |
| 2 | 法条检索（Skill #8） |
Search criminal law provisions and relevant judicial interpretations |
| 3 | 演绎推理（Skill #16） |
Use the constitutive elements of the crime as the major premise and the ascertained facts as the minor premise to construct a syllogism |
| 4 | 案例检索（Skill #9） |
When guiding cases need to be cited |
| 5 | 法官价值判断（Skill #22） |
Determine circumstances for a lighter, reduced, exempted, or heavier punishment |
The reasoning content must cover: whether the charge is established → whether the conduct constitutes a crime → determination of the crime → sentencing circumstances → analyzed acceptance or rejection of the legal opinions of both the prosecution and defense, with reasons stated.
Order of citing adjudicative bases: provisions on conviction and sentencing range → provisions on lighter/reduced/aggravated punishment → provisions on principal punishments → provisions on supplementary punishments; laws first, judicial interpretations afterward.
B-5. Judgment result
- Conviction and sentencing: "Defendant ××× is guilty of ×× crime and is sentenced to ... (principal punishment, supplementary punishment). (Explanation of deduction of term.)"
- Conviction with exemption from punishment: "Defendant ××× is guilty of ×× crime and is exempted from criminal punishment."
- Declaration of innocence: "Defendant ××× is innocent."
Matters needing attention:
- Write the full name of the type of punishment; do not abbreviate it (do not write "death reprieve"; write "sentenced to death with a two-year suspension of execution")
- For fixed-term imprisonment, the type of punishment, term of imprisonment, method of deduction, and start and end times must be stated
- For recovery/compensation/confiscation, the name, type, and amount must be stated
- For combined punishment for multiple crimes: determine conviction and sentencing separately, then decide the punishment to be executed; do not impose a sentence by comprehensive "lump-sum estimation"
- For multiple defendants, sentence each person item by item according to the primary and secondary responsibility or the severity of the punishment
B-6. Tail and signature
- Notice of right to appeal: "If dissatisfied with this judgment, the defendant may, within ten days from the second day after receiving the judgment, file an appeal through this Court or directly with the ××× People's Court. If appealing in writing, one original and × copies of the appeal petition shall be submitted."
- Where the second paragraph of Article 63 of the Criminal Law applies, add: "This judgment shall take effect after being submitted to the Supreme People's Court for approval in accordance with law."
- The signature format is the same as in civil cases (presiding judge/judge signature → date in Chinese numerals → "This copy is checked against the original and is identical" → clerk signature)
Step 3: Full-text format compliance verification
After the full text of the document has been drafted, check the following checklist item by item.If any item does not pass, return to the corresponding paragraph, correct it, and verify again.
| Verification item | Correct practice | Common error |
|---|---|---|
| Numbering of the adjudicative text | Chinese numeral + enumeration comma (一、二、三、) | Use Arabic numerals "1. 2. 3." |
| Signature date | Chinese numeral format (August 29, 2024) | Use Arabic numerals "2024年8月29日" |
| Case number year | Arabic numerals + full-width parentheses (2024) | Use Chinese characters or Chinese parentheses |
| After "This Court holds" | comma | use a colon |
| After "judgment is as follows" | colon | use a comma or period |
| After "the defendant argued" | comma | use a colon |
| Legal citation | Full name + title marks + article/item number + provision content | Cite only the item number and not the content |
| Cite the "item" | Do not add parentheses to Chinese numerals ("First Item") | "Item (1)" or "Item 1" |
| Position of litigation costs | Start a new paragraph after the main text; do not include it in the main text | Include it in the judgment main text |
| Notice of delayed performance | Must be included when there is a monetary payment obligation | omission |
| Names of parties | Consistent throughout the header, facts, and main text | Inconsistent or use of abbreviations |
Step 4: Output
Present the complete judgment document that has passed verification to the user as plain text, maintaining the formal layout of the judgment document.
Example output structure (civil):
×××人民法院
民事判决书
（2024）×民初×号
原告：……
被告：……
……案件由来和审理经过……
原告×××向本院提出诉讼请求：……
被告×××辩称，……
本案当事人围绕诉讼请求依法提交了证据……
根据当事人陈述和经审查确认的证据，本院认定事实如下：……
本院认为，……
依照《……》第×条……的规定，判决如下：
一、……
二、……
如果未按本判决指定的期间履行给付金钱义务……
案件受理费……元，由……负担。
如不服本判决……
审判长 ×××
审判员 ×××
审判员 ×××
二〇××年×月××日
本件与原本核对无异
书记员 ×××
Example 1: Civil judgment
Input
[Case file summary] The plaintiff supply chain company and the defendant trading company signed a Product Sales Contract, agreeing on monthly settlement payment. The trading company owed 1,355,570.49 yuan and issued a Payment Plan confirming the amount owed and the installment repayment arrangement; Zheng signed a Guarantee Letter to assume joint and several guarantee liability. After the plan was issued, the trading company paid 231,884.63 yuan, and the remaining 1,123,685.86 yuan was unpaid. The plaintiff sued, demanding payment of the amount owed and liquidated damages, with Zheng bearing joint and several liability. Zheng was summoned but did not appear in court.
[Results returned by atomic skills]
Extraction of core legal elements:
- Parties: plaintiff supply chain company; defendant 1 trading company (legal person); defendant 2 Zheng (natural person, guarantor)
- Legal relationships: sales contract relationship + guarantee and suretyship relationship
- Claims: ① payment of the amount owed 1,123,685.86 yuan and liquidated damages; ② Zheng bears joint and several liability
- Procedure: first-instance ordinary procedure, Zheng absent
- Court: Beijing Daxing District People's Court
- Case number: (2025) Jing 0115 Min Chu No. 34164
Identification of issues in dispute and legal relationships:
- Cause of action: sales contract dispute
- Issues in dispute: ① whether the amount owed is established; ② the calculation standard and start time of liquidated damages; ③ whether Zheng bears joint and several liability
Evaluation of evidentiary effect:
- Original Product Sales Contract: no objection from either party, admitted
- Payment Plan and Guarantee Letter: no objection from either party, admitted
- Payment records: both parties confirmed payment of 231,884.63 yuan, admitted
Legal provision search:
-
No conflict of laws; applicable priority: Civil Code > Civil Procedure Law > judicial interpretations
-
Article 509 of the Civil Code: "The parties shall fully perform their obligations as agreed."
-
Article 577 of the Civil Code: "Where a party fails to perform its contractual obligations or performs them in a manner inconsistent with the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses."
-
Article 585 of the Civil Code: "The parties may agree that, upon breach by one party, that party shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach, and may also agree on a method for calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may, upon the request of the parties, increase them; if the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may, upon the request of the parties, appropriately reduce them. If the parties agree on liquidated damages for delayed performance, after the breaching party pays the liquidated damages, it shall still perform the obligation."
-
Article 626 of the Civil Code: "The buyer shall pay the price in accordance with the agreed amount and method of payment. If the amount and method of payment of the price are not agreed or the agreement is unclear, the provisions of Article 510 and Article 511, items 2 and 5, of this Law shall apply."
-
Article 628 of the Civil Code: "The buyer shall pay the price at the agreed time. If the time of payment is not agreed or the agreement is unclear, and it still cannot be determined in accordance with the provisions of Article 510 of this Law, the buyer shall pay at the same time as receiving the subject matter or the documents for taking delivery of the subject matter."
-
Article 688 of the Civil Code: "Where in a suretyship contract the parties agree that the surety and the debtor bear joint and several liability for the debt, it is joint and several liability suretyship. Where the debtor under a joint and several liability suretyship fails to perform the due debt or the circumstances agreed upon by the parties occur, the creditor may request the debtor to perform the debt, and may also request the surety to bear suretyship liability within the scope of its suretyship."
-
Article 40 of the Civil Procedure Law: "When a people's court tries a civil case of first instance, a collegial panel shall be composed of judges and people's assessors together or of judges alone. The number of members of the collegial panel must be an odd number."
-
Article 147 of the Civil Procedure Law: "If the defendant, after being served with a summons, refuses to appear in court without justified reasons, or leaves the court midway without the permission of the court, a default judgment may be made."
Conflict resolution and priority determination:
- There is no conflict of rights in this case; there is only a dispute over the claim for liquidated damages; legal norms shall be applied according to the principle that a higher-level law prevails over a lower-level law and a principal law prevails over judicial interpretation, and no determination of priority of rights is required.
Deductive reasoning:
- Principal amount of the goods payment: Major premise: Articles 509 and 626 of the Civil Code (payment obligation to be performed as agreed); minor premise: the contract is valid, the plaintiff has performed, and the trading company acknowledges the outstanding amount of 1,123,685.86 yuan; conclusionSupport the plaintiff's claim for the principal amount。
- Standard for liquidated damages: Major premise: Article 585 of the Civil Code (excessively high liquidated damages may be adjusted) and Article 18 of the Judicial Interpretation on Sales Contracts; minor premise: the plaintiff has already reduced the liquidated damages of 1‰ per day to four times the LPR, and the trading company has not proved that the losses are lower than this standard; conclusionSupport the standard of four times the LPR。
- Commencement of liquidated damages: Major premise: Article 577 of the Civil Code (liquidated damages commence from the date the breach occurs); minor premise: the trading company failed to pay the first installment on 2024.11.25 according to the payment plan, and the court adjusted the commencement point based on the facts; conclusionCommence from 2024.12.26。
- Joint and several liability: Major premise: Article 688 of the Civil Code (joint and several suretyship requires liability to be borne as agreed); minor premise: Zheng signed the suretyship letter and promised joint and several suretyship, there are no circumstances exempting liability, and he did not appear in court to respond; conclusionZheng bears joint and several liability。
Case search:
- This case has no need to cite guiding cases; the court adjudicated directly based on the law and judicial interpretations.
Judge's value judgment:
- Adhere tostrict compliance with contracts, recognize the validity of the contracts/letters involved in the case, and respect the parties' autonomy of will;
- Balancethe principle of fairness, fine-tune the start time for liquidated damages, thereby both negating the breach and taking into account the interests of both parties;
- Protect creditors' rights and interests, support a reasonable standard for liquidated damages, determine joint and several guarantee liability, and strengthen the realization of claims;
- Place equal emphasis on procedure and substance, enter a default judgment against Zheng, clarify the adverse consequences of his waiver of litigation rights, and take into account both procedural and substantive justice.
Generate document
Routing: The plaintiff entity is a legal person → civil. All elements complete → proceed to step two-A.
北京市大兴区人民法院
民事判决书
（2025）京0115民初34164号
原告：某某供应链管理有限责任公司。
被告：某某贸易有限公司。
被告：郑某。
原告某某供应链管理有限责任公司（以下简称供应链公司）与被告某某贸易有限公司（以下简称贸易公司）、被告郑某买卖合同纠纷一案，本院立案受理后，依法适用普通程序，公开开庭进行了审理。原告供应链公司的委托诉讼代理人宋某、贸易公司的委托诉讼代理人葛某到庭参加诉讼。被告郑某经本院依法送达开庭传票，未到庭参加诉讼，本院依法缺席审理。本案现已审理终结。
供应链公司向本院提出以下诉讼请求：1.请求二被告立即支付原告账款1123685.86元并支付违约金（以1123685.86元为基数，自2024年11月26日起至实际付清之日止，按照同期一年期LPR四倍的标准计算）；2.请求判令被告郑某对贸易公司的债务承担连带还款责任；3.判令诉讼费、公告费、保全费由二被告承担。事实和理由：2024年4月1日，原告与被告签订《产品销售合同》，约定月结付款。贸易公司未按约支付货款，后出具《付款计划书》确认欠款1355570.49元及分期还款安排，郑某签署《保证函》承诺连带保证。计划书签订后二被告未按约定付款。原告主动将违约金标准降低为LPR四倍。
贸易公司辩称，对于原告主张的欠付货款本金金额没有异议。不认可原告主张的违约金，案涉合同约定的违约金过高，应按照一年期LPR至多加计30%-50%计算逾期付款违约金，且应当自最后一次付款时间的次日即2025年7月25日起算。郑某经本院依法传唤未到庭参加诉讼，亦未提交书面答辩意见。
本院经审理查明，认定事实如下：
2024年4月1日，供应链公司与贸易公司签订《产品销售合同》，约定贸易公司向供应链公司下达订单采购货品，付款方式为月结，每月25日前支付上月款项。合同约定甲方逾期付款的，每违约一日，按应付款金额的1‰支付违约金。
2024年11月11日，贸易公司向供应链公司出具《付款计划书》，确认截至该日欠款总金额为1355570.49元，并约定分期还款安排，首期于2024年11月25日支付。《付款计划书》下方《保证函》载明郑某同意对上述欠款承担连带保证责任，郑某在保证人处签字。
庭审中，双方确认《付款计划书》出具后，贸易公司向供应链公司支付了231884.63元。
本院认为，根据我国民事诉讼法的规定，当事人有答辩并对对方当事人提交的证据进行质证的权利。本案中，被告郑某经本院依法传唤，无正当理由未到庭参加诉讼，视为其放弃在庭审中答辩和举证质证等诉讼权利，不利后果应由其自行承担。
案涉《产品销售合同》及《付款计划书》系各方真实意思表示，内容合法有效，各方均应按照合同约定履行各自义务。对于供应链公司所主张的欠付账款1123685.86元，证据充分且贸易公司认可，本院予以支持。贸易公司未及时支付欠款构成违约，应当承担相应的违约责任，供应链公司有权主张违约金，具体标准本院依法确认自2024年12月26日起，按照同期一年期LPR四倍的标准计算。郑某出具《保证函》，承诺其作为案涉欠款的连带保证人，故供应链公司有权要求郑某与贸易公司共同承担还款责任。
据此，依照《中华人民共和国民法典》第五百七十七条、第六百二十六条、第六百二十八条，《中华人民共和国民事诉讼法》第四十条、第一百四十七条之规定，缺席判决如下：
一、某某贸易有限公司于本判决生效后十日内支付某某供应链管理有限责任公司1123685.86元，并支付违约金（以1123685.86元为基数，自2024年12月26日起至欠款实际付清之日止，按照全国银行间同业拆借中心公布的同期一年期贷款市场报价利率的四倍计算），郑某承担连带责任；
二、驳回某某供应链管理有限责任公司的其他诉讼请求。
如果未按本判决指定的期间履行给付金钱义务，应当依照《中华人民共和国民事诉讼法》第二百六十四条之规定，加倍支付迟延履行期间的债务利息。
案件受理费14913元、保全费5000元，均由某某贸易有限公司、郑某共同负担（于本判决生效后七日内交纳）；公告费200元及判决书公告费（具体金额以票据为准），由郑某负担（于本判决生效后七日内交纳）。
如不服本判决，可在判决书送达之日起十五日内，向本院递交上诉状，并按对方当事人的人数提出副本，交纳上诉案件受理费，上诉于北京市第二中级人民法院。如在上诉期满后七日内未交纳上诉案件受理费的，按自动撤回上诉处理。
审 判 员 XXX
二〇二六年三月二十五日
本件与原本核对无异
法官助理 XXX
书 记 员 XXX
Format check:
- Main text numbering in Chinese characters ✓
- Chinese character date in the signature block ✓
- Case number in Arabic numerals + full-width parentheses ✓
- Comma after "This Court finds" ✓
- Colon after "judgment is as follows" ✓
- Notice of delayed performance ✓
- Litigation fees not included in the main text ✓
- Full names of parties consistent ✓
- → Passed, output.
Example Two: Criminal Judgment
Input
[Case file summary] Defendant Yang Mou1 served as the head of a department under a certain group from 2017 to 2023. He publicly promoted investment projects to society by word of mouth, promised high returns, and illegally absorbed funds totaling more than 100 million yuan. He was brought to the case after being summoned by telephone; his family members repaid 2.45 million yuan on his behalf, and he repaid more than 800,000 yuan during the litigation. He pleaded guilty and accepted punishment. The defender raised opinions such as accessory, surrender, return of illicit gains, and application of probation.
[Results already returned by atomic skills]
Extraction of core legal elements:
- Public prosecution organ: Beijing Changping District People's Procuratorate
- Defendant: Yang Mou1, male, no prior criminal record
- Charged offense: crime of illegally absorbing public deposits
- Compulsory measures: (the case file does not state the specific dates of detention/arrest)
- Procedure: summary procedure converted to ordinary procedure, heard by a collegial panel
- Court: Beijing Changping District People's Court
- Case number: (2025) Jing 0114 Xing Chu No. 679
Identification of issues in dispute and legal relationships:
- Issues in dispute: ① whether the amount involved contains cross-statistics that should be deducted; ② whether surrender is constituted; ③ whether probation can be applied
Evaluation of evidentiary effect:
- The defendant's confession, witness testimony, the company's electronic data, two judicial appraisal opinions, etc., were presented and cross-examined at trial and are confirmed
- Regarding cross-statistics: based on the witness testimony in the file, electronic data, and two appraisal opinions, this case is a joint crime; the distribution of criminal proceeds does not affect the determination of the amount of illegal absorption, and the basis for cross-deduction is insufficient
Legal provision search:
- Article 176, Paragraph 1 of the Criminal Law: "Whoever illegally absorbs public deposits or absorbs public deposits in disguised form, thereby disrupting financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; if the amount is huge or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall be fined; if the amount is especially huge or there are other especially serious circumstances, shall be sentenced to fixed-term imprisonment of not less than ten years, and shall be fined." Paragraph 3: "Whoever commits the acts in the preceding two paragraphs and actively returns the illicit money or makes compensation before prosecution is initiated, thereby reducing the occurrence of harmful consequences, may be given a lighter or mitigated punishment."
- Article 25, Paragraph 1 of the Criminal Law: "Joint crime refers to a crime jointly committed intentionally by two or more persons."
- Article 27 of the Criminal Law: "Whoever plays a secondary or auxiliary role in a joint crime is an accomplice. For an accomplice, the punishment shall be lighter, mitigated, or exempted."
- Article 67, Paragraph 3 of the Criminal Law: "Whoever voluntarily surrenders after committing a crime and truthfully confesses his own crime is guilty of voluntary surrender. For a criminal who voluntarily surrenders, the punishment may be lighter or mitigated. Among them, if the crime is relatively minor, the punishment may be exempted. A criminal suspect, defendant, or convict serving a sentence who is subjected to compulsory measures and truthfully confesses other crimes of his own that the judicial organ has not yet learned of shall be deemed to have voluntarily surrendered. Although a criminal suspect does not have the circumstances of voluntary surrender as provided in the preceding two paragraphs, if he truthfully confesses his own crime, the punishment may be lighter; if because he truthfully confesses his own crime, especially serious consequences are avoided, the punishment may be mitigated."
- Article 52 of the Criminal Law: "When imposing a fine, the amount of the fine shall be determined according to the circumstances of the crime."
- Article 53 of the Criminal Law: "A fine shall be paid in a lump sum or in installments within the time limit specified in the judgment. If it is not paid upon expiration, it shall be enforced. If a fine cannot be paid in full, the people's court shall, at any time it discovers that the person subject to enforcement has property that can be enforced, recover it at any time. If payment is truly difficult due to irresistible disasters or other reasons, upon a ruling by the people's court, payment may be postponed, reduced as appropriate, or exempted."
- Article 61 of the Criminal Law: "When deciding a punishment for a criminal, the punishment shall be imposed in accordance with the relevant provisions of this Law based on the facts of the crime, the nature of the crime, the circumstances, and the degree of harm to society."
- Article 64 of the Criminal Law: "All property illegally obtained by a criminal shall be recovered or ordered to be returned or compensated; lawful property of victims shall be returned promptly; contraband and personal property used in the crime shall be confiscated. Confiscated property and fines shall all be turned over to the state treasury and may not be misappropriated or disposed of on one's own."
- Article 15 of the Criminal Procedure Law: "If a criminal suspect or defendant voluntarily and truthfully confesses his own crime, admits the criminal facts charged, and is willing to accept punishment, he may be given lenient treatment in accordance with law."
Deductive reasoning:
- In this case there is no conflict of rights or legal norms; there is only a disagreement between the prosecution and the defense over the determination of sentencing circumstances. It is sufficient to apply the sentencing rules of the Criminal Procedure Law according to the principle that the Specific Provisions of the Criminal Law take precedence over the General Provisions, and no priority determination is needed.
Deductive reasoning:
- Determination of the amount of illegal absorption of public deposits: Major premise: Articles 176 and 25 of the Criminal Law (joint crime entails liability for the entire amount); minor premise: this case is a joint crime, and the evidence in the case can prove illegal absorption of more than 100 million yuan, and there is no legal basis for deducting relatives' investments; conclusionThe amount involved in the case shall not be deducted, and it is determined to be more than 100 million yuan (an especially huge amount)。
- Determination of voluntary surrender: Major premise: Article 67, Paragraph 1 of the Criminal Law (voluntarily appearing before the authorities + truthful confession constitutes surrender); minor premise: Yang 1, after being summoned to appear by telephone, did not immediately confess the facts of the crime; conclusiondoes not constitute surrender; the subsequent truthful confession is determined to be a frank confession。
- Determination as an accessory: Major premise: Article 27 of the Criminal Law (a person who plays a secondary or auxiliary role in a joint crime is an accessory); minor premise: Yang 1 was the person in charge of a subordinate department of the group and played a secondary role in the acts involved; conclusiondetermined to be an accessory and given a mitigated punishment according to law。
- Application of probation: Major premise: probation applies to circumstances such as relatively minor criminal circumstances and no danger of reoffending; minor premise: in this case the amount involved in illegal absorption of public deposits is especially huge and the social harm is relatively great; conclusiondoes not meet the conditions for probation and is not applied。
- Lenient punishment: Major premise: Article 15 of the Criminal Procedure Law and Article 67, Paragraph 3 of the Criminal Law (pleading guilty and accepting punishment, frank confession, and returning illicit gains may lead to leniency); minor premise: Yang 1 pleaded guilty and accepted punishment, made a frank confession, and returned all illegal gains; conclusionmitigated punishment according to law。
Case search:
- This case has no need to cite guiding cases; the court directly adjudicates based on the relevant provisions of the Criminal Law and the Criminal Procedure Law in light of the facts of the case.
Judge's value judgment:
- Accessory (statutory mitigation): played a secondary or auxiliary role in the joint crime
- Truthful confession (statutory leniency): truthfully confessed after appearing, but did not confess immediately and therefore does not constitute surrender
- Pleading guilty and accepting punishment (statutory leniency)
- Returning illicit gains (discretionary leniency): returned all illegal gains
- Probation: in light of the circumstances of the case, the basis is insufficient and it is not applied
- Comprehensive assessment: mitigated punishment according to law, sentenced to a fixed-term imprisonment of three years and two months, and a fine of 120,000 yuan
Generate document
Routing: The prosecuting entity is a People's Procuratorate → criminal. All elements are complete → proceed to Step Two-B.
北京市昌平区人民法院
刑事判决书
（2025）京0114刑初679号
公诉机关北京市昌平区人民检察院。
被告人杨某1。
辩护人田某。
辩护人胡某某。
北京市昌平区人民检察院以京昌检刑诉〔2025〕609号起诉书指控被告人杨某1犯非法吸收公众存款罪，于2025年7月22日向本院提起公诉。公诉机关于2025年11月11日建议、本院决定延期审理，于2025年12月11日建议、本院决定恢复审理。本院依法组成合议庭，将本案由简易程序转为普通程序，公开开庭审理了本案。北京市昌平区人民检察院指派检察员王志萌出庭支持公诉。被告人杨某1及其辩护人田某、胡某某到庭参加诉讼。本案现已审理终结。
北京市昌平区人民检察院指控：2017年至2023年间，被告人杨某1担任某集团下属部门负责人，在北京市昌平区等地以口口相传等方式向社会公开宣传某集团投资项目，承诺高额收益，直接或间接向左某某、林某某等人非法吸收资金共计人民币1亿余元。2024年12月15日，被告人杨某1经电话传唤到案。被告人杨某1的家属代为退缴违法所得人民币245万元。公诉机关认为被告人杨某1的行为触犯了《中华人民共和国刑法》第一百七十六条第一款之规定，应当以非法吸收公众存款罪追究其刑事责任，提请本院依法惩处。
被告人杨某1对指控事实、罪名没有异议，认罪认罚并签字具结，在开庭审理过程中亦无异议，但辩解其本人及其母亲欧洋某某、哥哥杨某2均有投资。
二辩护人对本案指控基本事实、罪名均不持异议，主要意见为：1.本案缺乏集资参与人的证言，投资人和涉案金额可能与吴某某存在交叉统计的情况，非杨某1名下的投资人及金额应予扣除；2.杨某1本人及母亲、哥哥均参与投资，相应金额应予扣除；3.杨某1认罪认罚，系从犯，接电话传唤后到案，在侦查阶段如实供述所犯罪行，构成自首；4.提起公诉前退赔大部分违法所得；5.初犯，偶犯，悔罪态度好，家庭困难；6.大部分吸纳资金行为发生在旧法实施期间。综上，建议对其从宽处罚并适用缓刑。
经审理查明：2017年至2023年间，被告人杨某1担任某集团下属部门负责人，在北京市昌平区等地以口口相传等方式向社会公开宣传某集团投资项目，承诺高额收益，直接或间接向左某某、林某某等人非法吸收资金共计人民币1亿余元。
2024年12月15日，被告人杨某1经电话传唤到案。被告人杨某1的家属代为退缴违法所得人民币245万元。
诉讼中，被告人杨某1退缴人民币80余万元，冻结于其名下招商银行卡中。
上述事实，有经庭审举证、质证，本院确认的证据证明。
本院认为，被告人杨某1非法吸收公众存款，扰乱金融秩序，数额特别巨大，其行为已构成非法吸收公众存款罪，依法应予惩处。北京市昌平区人民检察院指控被告人杨某1犯非法吸收公众存款罪的事实清
楚，证据确实、充分，罪名成立。辩护人关于投资人和涉案金额可能与吴某某存在交叉统计，非杨某1名下的投资人及金额应予扣除的相关意见，经查，根据在案证人证言、某公司电子数据、北京国创鼎诚司法鉴定所司法鉴定意见书、华利信（北京）会计师事务所有限责任公司司法会计鉴定意见书等证据，本案系共同犯罪，被告人应对共同犯罪的全部行为承担责任，犯罪所得分配情况不影响对非吸金额的认定，前述意见依据不足，不予采纳；关于杨某1构成自首的意见，杨某1主动到案后未能第一时间交代犯罪事实，不构成自首，但在后续侦查阶段能如实供述，本院在量刑时依法予以从轻处罚；关于杨某1哥哥投资的相应金额应予扣除及对杨某1适用缓刑的意见，结合本案案情，依据不足，均不予采纳；其余辩护意见，酌予考虑。鉴于被告人杨某1在共同犯罪中起次要、辅助作用，系从犯；自愿认罪认罚；到案后如实供述所犯罪行；提起公诉前及诉讼中积极退赃，退缴全部违法所得，对其依法予以减轻处罚。综上，根据被告人杨某1犯罪的事实、性质、情节、社会危害程度及认罪、悔罪表现，依照《中华人民共和国刑法》第一百七十六条第一款、第三款，第二十五条第一款，第二十七条，第六十七条第三款，第五十二条，第五十三条，第六十一条，第六十四条及《中华人民共和国刑事诉讼法》第十五条之规定，判决如下：
一、被告人杨某1犯非法吸收公众存款罪，判处有期徒刑三年二个月，并处罚金人民币十二万元。
二、在案冻结及随案移送款物，依法处理。
如不服本判决，可在接到判决书的第二日起十日内，通过本院或者直接向北京市第一中级人民法院提出上诉。书面上诉的，应当提交上诉状正本一份，副本二份。
审 判 长 XXX
人民陪审员 XXX
人民陪审员 XXX
二〇二六年三月十一日
本件与原本核对无异
书 记 员 XXX
Format verification:
- Chinese numerals for the sequence numbers of the main text ✓
- Chinese numeral date in the signature block ✓
- Case number format ✓
- Comma after "This Court finds" ✓
- Colon after "the judgment is as follows" ✓
- Public prosecution organ format ✓
- Full names of the types of punishment ✓
- Parties are consistent ✓
- Evidence is not stated in general terms ✓
- → Passed, output.
Atomic skill invocation index
When drafting each paragraph, this skill selects and invokes from the following atomic skills as needed:
| Invocation scenario | Atomic skill | Number | Typical timing of invocation |
|---|---|---|---|
| Initial case file analysis | Extraction of core legal elements | #4 | Step One: after receiving the case file |
| Terminology definition | Understanding legal concepts | #5 | Define the extension of a concept when subsumption is ambiguous |
| Determination of the focus of the dispute | Identification of the focus of the dispute and legal relations | #6 | Before the facts section and the reasons section begin |
| Finding the law | Legal provision retrieval | #8 | Before drafting the reasons section |
| Finding similar cases | Case retrieval | #9 | When a guiding case needs to be cited |
| Evidence review | Assessment of the probative force of evidence | #12 | Evidence determination stage in the facts section |
| Characterization of legal relationships | Identification of issues in dispute and legal relationships | #6 | Confirmation of cause of action and characterization in the reasoning section |
| Facts and reasons section | Deductive reasoning | #16 | Item-by-item argumentation in the reasoning section |
| When a conflict arises between legal provisions or rights | Conflict resolution and priority determination | #20 | When there is a conflict between legal provisions or rights |
| Sentencing/discretion | Judge's value judgment | #22 | Criminal sentencing and weighing of civil interests |
Boundaries of the skill and troubleshooting guide
What this skill does not do:
- Does not replace legal research systems; it mainly invokes
法条检索to obtain legal provisions, and does not have a built-in legal provisions database - Does not create facts on its own; relies on case file materials and the analysis results of
证据效力analysis results - Does not generate non-adjudicative legal documents (contracts, attorney letters, etc. are out of scope)
- Does not handle documents from jurisdictions outside mainland China
- Currently supports only civil and criminal adjudicative documents
Note:
When any of the following situations occurs, guessing at the adjudication is strictly prohibited; drafting must be paused, and the corresponding atomic skill must be invoked to obtain an objective conclusion before continuing:
- The plaintiff and defendant's claims conflict and both are supported by evidence
- The authenticity, legality, or relevance of key evidence is questionable
- There is a dispute over the characterization of the legal relationship
- There is a conflict of application between legal provisions
- Insufficient case file materials → return a "list of missing information" to the user
法条检索 No results → at the corresponding position in the document, mark "[To be supplemented: need to retrieve relevant legal basis for ×××]"
证据效力 Cannot determine → state "the authenticity/legality/relevance of this evidence is questionable" and explain the reasons
All adjudicative document titles must not be bolded, and "This Court finds" and "The judgment is as follows" shall be written flush left; the issues in dispute shall be expressed as "I. ××× issue" and shall also not be bolded.
Before "The judgment is as follows" there should be a series of cited legal provisions, in the format: Accordingly, pursuant to xxx (the relevant legal provisions should be filled in here), the judgment is as follows:
Common errors and correction methods:
| Error phenomenon | Cause | Correction method |
|---|---|---|
| A colon was used after "This Court finds" | Confusion of punctuation rules | Change to a comma |
| Arabic numerals were used for the numbering of the main text | Confusion of numeral usage | Change to Chinese characters (I, II, III,) |
| Chinese characters were used for the year in the case number | Confusion of numeral usage | Change to Arabic numerals |
| Only cited the number of the legal provision without citing its content | Omission of citation requirements | Add the full text of the provision |
| Missing the paragraph informing of delayed performance | Omission of mandatory notification | Check whether there is a monetary payment judgment item; if so, supplement it |
| Criminal documents use general expressions to authenticate evidence | Authentication is not specific | Analyze and authenticate evidence one by one or by category |