[Boutique] Law Professional Internship Report

This article directory 1 law professional internship report 2 law professional internship report 3 law professional internship report first: law professional internship report

First of all, I would like to thank all the staff of the Yuelu District People's Court and my teachers who have provided help and guidance for my internship. Thank you for your help and efforts for my smooth internship.

My internship was arranged by the Central South University Law School and the Yuelu District People's Court. Through internships, I gained practical work experience in my field of expertise, consolidating and testing the level of knowledge I have learned in my undergraduate studies over the years. During the internship, I learned a lot about the whole process of the trial case from the filing of the case to the completion of the case. In the case of filing the case, I also served as a specific case file, and put forward my own ideas for some of the participating cases. During this period, I further learned the relevant legal knowledge, and had a deeper understanding of the filed program. At the same time, I paid attention to the combination of my own theory and practical practice in this process. At the end of the internship, my work was fully affirmed and highly evaluated by the internship unit.

During the internship, I mainly conducted in-depth research on the following cases, participated in the trial of some cases, and put forward some of my own opinions:

One: 73 households v. City Planning Bureau infringed on their right to light, sunlight, and ventilation

1: The origin of the case

The 73 plaintiffs believed that the “Asia-Pacific Cyberport” planned by the Municipal Planning Bureau was seriously in violation of the mandatory national standards of GB50180-93, and violated the specific technology of “Changsha City Planning Management Measures”. The regulations are “Technical Regulations for Urban Planning and Management of Changsha City”, and there are major safety hazards in its passage and fire safety. After repeatedly requesting government coordination, it has sued the court and demanded that the administrative license be revoked to compensate the user for losses.

2: The main focus of the case debate

The defendant Changsha City Planning Management considered that the review of the “Asia-Pacific Cyberport” planning permit was issued through strict planning. Whoever extensively consulted the relevant functional departments and strictly followed the prescribed procedures, the Asia-Pacific Cyberport and its residents on the north side lived. The spacing of the buildings complies with the mandatory national standards of GB50180-93 and the “Changsha City Planning Management Measures” mentioned by the defendant, which does not constitute damage to the legitimate rights and interests of the plaintiffs. Moreover, the Planning Authority has provided relevant evidence that the “Asia-Pacific Cyberport” does not apply to the “Technical Regulations for Urban Planning Management in Changsha”.

3: Original judgment result

After several collegial discussions, the collegiate bench made a judgment: deciding the planning permission and dismissing the claim.

This case is an administrative case, and the popular point is the civil accusation. Through the trial of this case, I believe that it is very difficult for China's administrative litigation to win at this stage. If the plaintiff of the administrative case of the civil servant wins the case, the media will report it with great intensity as a model. In fact, this is a big misunderstanding. A society with a rule of law should not have such a phenomenon. If the specific actions of the administrative organ are illegal, it should bear the relevant responsibilities. The reason why the plaintiffs in China’s administrative litigation is difficult to win is that the judicial and administrative departments are still not completely different, and they are mutually constrained and involved. The power is bigger than the law, and the policy is higher than the law. So there will be such a situation. In this case, I feel that the court is more or less affected by the administration: although the court is a judicial organ, the office building land and dormitory land can be approved by the Planning Bureau.

Two: several criminal cases tried with simple procedures

This is the first time I have seen the specific use of a simple program in a trial case. The cases are clear, the facts are clear, the evidence is sufficient, and the disputes are not large. The Yuelu District Court is also a grassroots court, which is in line with the conditions of the simplified program. Throughout the trial process, the trial time limit was very short, and it was felt that the trial was only a cut-off, and the judge had a conclusion on how to judge the case.

Through these trials of criminal cases applying simple programs, I have seen that although the time limit for trials is short and the necessary programs are complete, the courts are well controlled in this respect. However, on the other hand, I think that the court still has some flaws in the court system, and the trial environment can be improved.

Three: A citizen of the collection of waste goods v. Changsha Municipal Public Security Bureau Yuelu District Bureau administrative inaction case

The origin of the case: In 2002, the plaintiff in this case was blown up by the detonator of the waste when the waste collected from Central South University was cleaned, and the right leg and the right chest were injured by the detonator. . After the incident, he handed over the remaining detonators to the defendant Changsha Municipal Public Security Bureau Yuelu District Bureau, asking him to find out the source of the detonator, and the defendant said that he could not find the source of the detonator. The plaintiff filed a lawsuit with the court requesting the defendant to give the plaintiff a clear written conclusion about the source of the detonator.

As the case has not yet been concluded, it is impossible to know how the court will pronounce the sentence. In this case, I have learned a lot about the education background and cultural level of the plaintiff in this case. On the surface, the plaintiff is a person who earns a living by collecting waste and has a low level of education, but he knows how to use legal weapons to maintain it. Their own rights and interests show that the legal awareness of our citizens is constantly strengthening, and the idea of ​​the rule of law has gradually penetrated the hearts of the people. However, from a deeper perspective: on the one hand, it is precisely because the plaintiff’s cultural level is not high, so that he can not better use legal weapons to protect his rights – he does not know the agent, do not know that the collection is beneficial to him. The evidence was presented to the collegial panel. He did not even know that the behavior of the Public Security Bureau was called “administrative inaction” in law; on the other hand, the behavior of the public security bureau clearly constituted administrative inaction, because defending local public security is the most basic administrative function of the public security system. For detonators such as dangerous goods that seriously endanger the personal safety of citizens, even if the plaintiff does not make a request, the defendant should find out its source in a due diligence manner and eliminate potential safety hazards. From this case, I have seen the heavy responsibilities of the work of law-enforcement in China, and I also deeply felt the importance of emphasizing the service function in the government function of the 16th National Congress.

Four: a big marriage case

In this case, the defendant married another woman by fraudulently defrauding if she was married. The plaintiff complained about his bigamy. Through this case, I can't help but think of the newly introduced Marriage Registration Regulations. The new Marriage Registration Ordinance has simplified the marriage registration procedure and brought convenience to people. At the same time, it has increased the risk of marriage to a certain extent, and a series of problems will follow. Who should the government and individuals bear the risk of marriage? How do individuals protect themselves in the risk of marriage? How can the government strengthen management to reduce the risk of marriage? I think these problems should be the reform of the new regulations, as legal workers and administrative work. The question that should be considered.

There were other cases in the internship that also taught me a lot. During the internship period of nearly one month, I basically grasped the specific operational details of the work of filing, unwinding, ordering, and sealing of the file; in practice, some judicial documents such as enforcement notices, settlement forms, and exchanges were consolidated. The writing of certificates, protest letters, court notices, pledges, subpoenas, etc.; further consolidate some specific judicial procedures such as criminal procedures and administrative procedures, simple programs, ordinary programs.

This internship is an indispensable and important experience in my university life, and its harvest and significance can be seen. Through internships, I apply what I have learned to practical work. Theory and practice are inseparable. In practice, my knowledge has been consolidated and my ability to solve problems has been exercised. This internship has broadened my experience. Vision has made me understand the operation of the law in the real world, and has further mastered the professional language. In addition, I have also made many judges and lawyers, we exchanged and promoted each other, from them. I have learned a lot of ways to live, these are not available in the book. Throughout the internship process, as a South-Central student, I tried to become a messenger of Central South culture, introducing Central and South China to friends from all walks of life, bringing them closer to Central South and understanding of Central South. Finally, I would like to take this opportunity to once again help the staff and my teachers of the Yuelu District People's Court who provided help and guidance for my internship, and thank my friends and my classmates during the internship!

Part 2: Law Professional Internship Report

Professional internship is a compulsory course in the undergraduate teaching program of law and an important part of practical teaching. Graduation internships are carried out after completing most of the basic courses and backbone courses. From September 20th to November 20th, 2019, under the meticulous organization of the law school, under the strong support of the internship unit, the undergraduate students of the 2006 law major successfully completed a ten-week professional internship. In order to better carry out the professional internships of undergraduates in our college, sum up experience, find problems and find countermeasures, the internship situation of Haida Pingzheng Law Firm who participated in the guidance is summarized as follows.

The author participated in the internship at the Haida Pingzheng Law Firm. There were 2 students internships, and the internships were completed according to the requirements of the teaching plan. The internship unit arranged a specific instructor for the intern, and carried out detailed guidance throughout the internship process: to arrange specific work for the students, to allow students to participate in case discussions, to guide students in the production of various legal documents, and some to arrange for students to follow the teacher to handle cases, etc. . As a law school internship instructor, I insist on attending at least one internship every week, meeting each intern, finding problems in a timely manner, and conducting individual exchanges based on the problems found. During the internship, all students can abide by the discipline of practice and be able to strictly demand themselves: strictly abide by the relevant rules and regulations and discipline of the internship unit, and actively complete the tasks assigned by the internship unit and the instructor; do not participate in the personnel conflicts of the internship unit, Participate in the internship unit's activities that are not related to the internship, do not express opinions on the rules and regulations of the internship unit, do not comment on the personnel of the internship unit; study the spirit of the law, use internship opportunities, observe the society, understand the public sentiment, examine the operation of the current judicial system in China, and collect Case. The two students who participated in the internship took the internship seriously, strictly abide by the rules and regulations of the internship unit and the discipline of the internship, participated in the handling of specific cases, and did a lot of transactional work, and achieved excellent internship results. After the internship, each student wrote an internship summary report and analyzed at least one typical case as an important reference for the internship results.

The Blum taxonomy divides the cognitive process of learning into six components: knowledge, understanding, application, analysis, induction, and evaluation. In addition to knowledge, the other five are skills. If examined according to the Blum taxonomy criteria, the knowledge of law students only reaches the level of knowledge and a certain degree of understanding, and lacks a higher level of understanding of the law. Judging from the graduation internship, the practice community often finds that law students do not know how to apply the law. When receiving a task, they cannot find the appropriate content from the full body of legal knowledge to apply. This does not mean that law students only understand the theory, not Knowing the practice, but the students only know how to recite the theory and do not know how to use the theory. In the end, it is the lack of a true understanding of the theory. The application of law is a logical judgment and reasoning process that judges evidence based on the internal relationship between evidence and judges the facts. This kind of work involves the comprehensive quality of the applicator's knowledge, experience, experience and ability of thinking and judgment. Judgment, diligence, and intention are the best way to improve the level of legal application.

Through the internship, the students understand and familiar with the procedures and methods of handling the specific cases of the judiciary, and initially understand the basic quality requirements of the judicial staff or legal workers; consolidate the knowledge acquired in the classroom and further deepen the substantive law. Understand and master, deepen the understanding of various legal provisions; participate in case discussions, produce judicial documents such as various judicial documents, improve their ability to use legal knowledge, analyze and solve problems, and improve their overall quality. Through the internship, the students found the gap between their own situation and the actual needs of the society, found out the lack of their legal knowledge, find out which aspects of their ability need to be further improved, clear the direction for future study, and do the job hunting and future formal work. The preparation of knowledge and ability. The two students deeply realized that to get a good internship effect, the guidance of the team teacher and the instructor is very important, but the most important thing is that the interns must have diligence, diligence, humility, active help and assistance. The spirit of a hardworking, hardworking, and diligent worker is always welcome and progressing.

Although the professional internships of the 2010 graduates have achieved some achievements and experience, there are still many problems. At the beginning of the internship, some students had an internship attitude that was not correct enough. There was a phenomenon of late arrival and early departure. There was not enough two-way communication between the law school and the internship unit. The internship program and internship requirements were all unilaterally formulated by the law school. All the internship units were cut across the board. Can reflect the specific conditions and requirements of each internship unit.

Part 3: Law Professional Internship Report

At the end of the year, the half-year course of the civil law clinic is coming to an end. Although the half-year period is short, the study at the clinic is a challenging process for me. With the enthusiasm for studying in civil law, the desire for judicial practice has entered the civil law clinic. Today, half a year later, I have gained a lot of valuable experience and knowledge in this clinic. Below I will summarize it in several ways:

First, classroom learning

Before going to the clinic to study, I heard from the past brothers and sisters that legal clinic education is a brand new teaching model introduced from the United States. But it’s better to see it. The first time I walked into the classroom, it really made me feel refreshed. The table is round and the teacher and classmates sit together to let everyone communicate and learn on an equal footing. Next is the teacher's teaching method. In the past, it was difficult to get rid of the teacher's lectures and the mode of listening to the students. There is very little discussion between teachers and students in the classroom, and the cultivation of legal thinking is based entirely on known cases or virtual imaginations. The test is more about testing than about analytical ability and reasoning ability. It is difficult to cultivate students' ability to think and think independently. In the clinic, most of the time, the students are talking, and the teacher only gives guidance when necessary. Through the handling of real cases, participation in all the processes and details of the case, training methods and techniques to solve problems, cultivate students' judgment, professional responsibility, and profound understanding of the social role of law and lawyers.

The diverse and flexible teaching methods also include educational teaching of fun and education. What impressed me the most was the game that Teacher Zhang did when she talked about the evidence method. 30 people were divided into two groups and each sentenced the same words. The last classmate recorded the contents he had heard. It was in this seemingly simple game that we had a lot of jokes and problems. First of all, the teacher is very long. You have to tell the next student in the most accurate language in the shortest time after hearing a classmate finishes. However, there is always a wide variety of answers to the last classmate. From this seemingly simple game, we can clearly understand the impact of the evidence and the evidence and the distance of the evidence on the power of evidence. This approach is more conducive to understanding and accurate application in judicial practice than we are in the traditional classroom to remember the characteristics and concepts of evidence and original evidence.

There is also a unique way of teaching in the classroom of the clinic, which is brain storm. Every class we have a theme, and everyone divides the group to express their opinions around the theme. Finally, the classmates are free to speak. The speeches of the students in the clinic class were relaxed and lively. Even those who did not like to speak in the classroom were also infected by the classroom atmosphere. They also spoke enthusiastically. In the classroom we can argue and we can get a red face for a problem. Even so, everyone will feel very happy, because in the discussion, they will find out the problems of their own opinions and the advantages of learning other students in analyzing problems, that is, the ability of teachers to learn to learn.

In the content of teaching, the traditional theory of law education is edifying, but clinic education pays more attention to the operational level, which just makes up for the shortcomings of traditional education. Our learning content includes paper writing, legal professional ethics, and the parties are also within the scope of our drills. The harmony between the clinic teacher's kindness and the classmates gives a warm feeling. So I have to go every time in the clinic, and I will never miss class.

Second, extracurricular activities

In addition to the lively classroom content, the legal clinic also has a variety of extracurricular activities, such as clinic duty, with the parties to collect evidence, understand the case, participate in 12.4 law-enforcement activities.

Integrating theoretical knowledge into the process of legal practice is at the heart of the legal clinic curriculum. In order to fully exercise the students' practical ability, the clinic will group the students and be on duty in the legal clinic duty room from Monday to Friday. It is mainly responsible for receiving calls from help-seekers, receiving parties, “diagnosing” their legal problems, issuing “prescriptions”, answering legal questions about help, and providing legal assistance to help-seekers in a timely manner. The telephones received by this semester clinic are from the provinces and from outside the province. The contents include civil cases such as marriage, family, contract disputes, as well as some administrative cases and criminal cases.

At first we really couldn't stand it, because the visiting people are mostly low-level in culture, lacking the corresponding legal knowledge, often thinking about what to say, and treating the classmates as the object of conversation. Under this circumstance, the classmates at the reception can't always grasp the initiative of the conversation, and easily fall into the language whirlpool with the visitors, but can't effectively extract effective legal information from the other party's words, and can't tell which ones are Objective reality is what is the subjective judgment of the parties. In this later study, we gradually learned to guide the parties to describe effective legal information and skills to talk to the parties.

In the process of receiving the parties, the clinic teacher played an important role in navigation. The teachers in the clinic have rich experience in judicial practice and profound theoretical foundation. They don't simply tell us the answer, but instead tell us how to retrieve information in the case by asking us questions. Teachers often say that "it is better to teach fish than to teach it." This should be the reason.

12.4 Law Popularization Day, we cooperated with a street office in Lianhu District, Xi'an to conduct a publicity campaign. Introduce the people to the legal issues that are often encountered in daily life, and tell them how to use legal weapons to protect their legitimate rights and interests. In this process, it is also full of twists and turns. Although the professional knowledge of the students in the school basically covers the various departmental laws, there are a lot of problems in the relevant professional fields involved in the actual cases, which brings us a very good solution to the case. Big challenge. The understanding of many professional terminology concepts, the norms of professional fields and the regulation of laws are not precisely solved by any code. We left the phone for the party. After returning to school, we searched the information, searched for the relevant special law regulations and related fields, and made full use of the library, the Internet and other media to obtain information. Through this incident, we also saw that the problem can only be discovered in practice. The law is not just something written on paper, but something that is applied to practice and works. Therefore, this kind of practical activity will let us discover many problems. In the future study, we should learn more about the information in some areas closely related to the law and enrich ourselves.

Third, group cooperation

As one song sang, "A chopstick is gently broken, and ten pairs of chopsticks are firmly clinged together." Cooperation is really important to our current learning. After the reception of the parties, the four people in our group will discuss the case and complete the process of the case. The materials of the case were written with the consent of all of us. The views of the case were derived from mutual argumentation. Receiving a client on duty at the clinic is the main source of the case. The duty of our group was arranged every Friday afternoon. Generally, there were fewer parties and fewer cases, but we still did our best. Every process is done by the team. I remember once we were on duty in the duty room, and a party asked me what was robbery and whether the actions he committed constituted robbery. Because I didn't learn about the criminal law about robbery crimes at the time, just telling him that I understood it with very unprofessional words did not constitute robbery, but only a general debt and debt dispute. The party seems to be not very convinced of my unprofessional answer. At that time, I was a little panicked, or other classmates in our group helped me to explain this problem clearly. Just as Teacher Wang said, the record is very important. It is not only the need to understand the case afterwards, but also the need to protect ourselves. When we receive the parties together, we will have a clear division of labor, usually two classmates record, two students ask. Although we are a small group, this atmosphere of solidarity and cooperation will be an important experience in our future legal career.

Although this course is over, I believe that the influence of this course will never end in my heart. What it brings to each of us is something we need to experience and remember. As the clinic teacher said, before you become a good lawyer, you must first make a person who has no conscience. In this impetuous society, find something that you should bear and insist on. In short, the half year of the clinic study is my most fulfilling half year, and it is my happiest half year. It will always be treasured in the deepest part of my memory. The experience of studying in the clinic will spur me to continue to advance on the road of learning and serving the society.