[Boutique] legal internship report

This article directory 1 legal internship report 2 legal internship report 3 legal internship report first: legal internship report

This summer social practice really made me gain a lot of insights, let me realize the social side, and realize that my own smallness, the short two weeks really benefited me.

The unit in which I was internship was a grassroots court affiliated to the People's Court of Binhu District in my hometown, the Taihu People's Court. Under the guidance of the practical teacher, let me deeply feel how proud it is to be a judge of the people. Here I not only find the embodiment and verification of academic theory, but also find a sense of sacred mission.

Through internships, I gained practical work experience in my field of expertise, consolidating and testing my knowledge of undergraduate study over the past two 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 opinions.

1. The sale and purchase contract starts with a simple procedure to hear the case:

This is the first time I have seen the specific use of a simple program in a trial case. The case is clear, the facts are clear, the evidence is sufficient, and the dispute is not big. The Taihu People's Court is a grassroots court and meets the conditions of the simple program. Throughout the trial, there was only one judge, we became a judge, and neither the plaintiff nor the defendant’s parties were present. Both parties were represented by the attorneys of the parties. The court also had a clerk who was responsible for recording the court’s trial. The case process. I attended this court hearing. Let me first describe the outline of the case.

Plaintiff: Manufacturing Motor Vehicle Company

Defendant: Agent sales motor vehicle company

The plaintiff and the defendant were in a partnership. Last year, the motor vehicle manufactured by the plaintiff company was transported to the defendant. It was told that the capital turnover was not working. I hope that the plaintiff can later pay the full amount of the goods, but this year, the defendant has not yet The payment was paid off, and after the plaintiff’s recovery, the defendant still did not fully repay, and

For the payment of 16,000 yuan, the plaintiff believed that the defendant did not cooperate in good faith and filed a lawsuit.

The focus of the dispute between the two sides was that the defendant had paid XX yuan to the plaintiff and the plaintiff claimed that it had not received it. The defendant also filed that the plaintiff’s goods did not meet the quality standards of the contract between the two parties, so the payment was not paid.

After the court heard: the defendant claimed to have remitted money to the plaintiff XX yuan. In fact, the name of the payee is not the plaintiff and is a person who has never met the plaintiff. It can be seen that the evidence provided by the defendant is not true. The second focus is on the quality of the product. In this matter, the defendant took out a lot of letters saying that the customer reflected the quality problem and asked for a return. The defendant also said that he had sent a letter to the plaintiff requesting the return of the product with quality problems. The defendant’s evidence was challenged because the plaintiff’s party did not attend the court and could not confirm the authenticity of the facts.

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 the trial of the criminal case applying the simple program, I saw that although the trial time limit is very short, the necessary programs are very complete, and the court is well controlled in this respect. However, on the other hand, I think that the court still has some flaws in the court system. In this case, the evidence produced by the defendant is not sufficient. The judge also believes that such civil economic cases are largely It is possible to mediate between the two parties, and it is not necessary to get to the court. The two lawyers present are also hoping that the parties can take a step back. Although the judge did not make a judgment, the things on the scenes to be continued will continue, that is, I have said that I have gone through the game. However, from the side of the case, I found that people nowadays know how to use legal weapons to safeguard their own interests, indicating that the modern society is highly civilized.

Second, a divorce case

In this case, the defendant was pregnant before marriage and deceived by fraud. Shortly after the marriage, there was a baby girl. The plaintiff had doubts about it. He thought that he was not his own child. He took his child to a hospital in Shanghai for paternity test. The result proved that the woman was not born by herself. The plaintiff sued the defendant for deception and demanded divorce from the defendant. The property is divided equally.

The court decided to agree to the divorce. When the property was divided, the woman’s interests were taken care of and the fair judgment was made. However, the woman’s father believed that the court’s judgment was unfair, and the court repeatedly interfered with it. The court workers told the correct solution. He did not adopt it, which brought a lot of inconvenience to the court work.

Through this case, it is reminiscent of the newly introduced Marriage Registration Regulations, which has brought convenience to people while simplifying the marriage registration program. 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 two-week internship, I basically mastered the details of the work, such as finishing, unwinding, ordering, and sealing. The series of things must be carefully and carefully. Case number, plaintiff, defendant, cause, etc., judgment or mediation can not be mistaken, the file must be divided into positive volumes, and the contents of the case must be in accordance with the evidence materials, the court materials are sorted, they are bound, and the seals are attached. . I am very happy to see that my case file is organized.

In practice, I consolidated some judicial documents such as enforcement notices, renewal certificates, protest letters, court notices, pledges, subpoenas, etc.; further consolidated some specific judicial procedures such as civil cases and criminal cases. Simple program, normal program.

At the same time, I also volunteered to participate in the transfer work and the court staff to serve together, but also participate in property preservation.

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 student of Huai Shi, I tried my best to become a messenger of Huai Shi culture, introducing Huai Shi to friends from all walks of life, and getting them closer to Huai Shi, and understanding Huai Shi.

Finally, I would like to take this opportunity to once again provide assistance and guidance to the staff of the Binhu District People's Court and my practical teachers who have provided help and guidance for my internship. I would like to extend my heartfelt thanks to my friends and my classmates during the internship. !

Part 2: Legal Internship Report

During the last summer of the university, I went to the District Procuratorate for an internship from July 20th to August 9th. During the internship, I will try my best to transform the theoretical knowledge I have learned in the school into practice. I will try to combine theory with practice. I will abide by the work discipline during the internship, not late, leave early, and earnestly complete the work assigned by the leaders and procurators. The leaders of the hospital and all the procurators of the police have won unanimous praise, and they have also discovered many of their shortcomings.

In this internship, the main post is the Examination and Prosecution Section. Therefore, the main internship subjects are the Criminal Law and the Criminal Procedure Law, as well as some other private law subjects. During the internship, I participated in several trials of the case, seriously studied the proper and standard judicial procedure, and truly went from the textbook to the reality, from the abstract theory to the colorful real life, and meticulously understood the prosecution Throughout the whole process and all aspects of the court trial, we carefully observed the entire evidence-issuing and debate process of some lawyers, and grasped the application and scope of some laws. Follow the police to review, verify the facts of the crime, and explore the psychology and motivation of the crime. Really understand and familiar with the functions and functions of the public prosecution program and the courts in China, and at the same time cooperate with the public prosecutors to do a good job in the investigation of the case and the transcript of the trial, and do a good job of binding and filing the files.

During the internship, I took advantage of this rare opportunity to work hard, strictly demanding myself, humbly asking leaders and procurators for advice, earnestly studying political theory, party and state policies, learning laws, regulations, etc., and using spare time to study carefully. The relevant knowledge outside the content of the textbook has mastered some basic legal skills, thus further consolidating the knowledge that he has learned and laying the foundation for real career.

"There is a glimpse of the paper, and I know that it is going to be done." During the short internship, I deeply felt the superficiality of my knowledge and the lack of professional knowledge in practical use. During the time, I felt very sad that I felt that I couldn’t help but feel overwhelmed by some work. I always thought that I learned well in school. Once I came into contact with reality, I realized that I knew how little I knew. At this time, I really realized the meaning of "endless learning." This may be the feeling of me alone. However, one thing is clear: there is indeed a distance between our legal education and practice. Law is a very practical subject, and law requires theoretical guidance, but the development of law is done in practice. Therefore, our legal education should be combined with practice, using a combination of theory and practice, specifically to deal with the "three relationships": the relationship between classroom education and social practice, with the classroom as the theme, through practice Deepen the theory; the relationship between summer practice and usual practice, with summer practice as the main time period; the relationship between the breadth and depth of social practice, and strive to adjust the progress of content and practice scale.

During the internship process, it was also found that the popularity of the law was very important. The multi-year legal education activities carried out by the Chinese government to promote the rule of law have made great achievements. People's legal concepts and legal awareness have been greatly improved. However, there are still some shortcomings in the depth and breadth of the law. For example, sometimes people know about some legal provisions, but they don't know how to apply it, so that they violate the law. Sometimes people don't understand the rules of the same problem for two or more different laws. I don't know which one to apply. The law, there is a case like this, the defendant was originally a village accountant, and later lost in the election, so some accounting books, accounting documents need to be handed over, but he always believes that the "Accounting Law" is required to wait for the account after liquidation After handing over, I insisted on not handing over, and the result was arrested for concealing accounting books and accounting documents. This case shows that our law-enforcement activities can't just be superficial articles, we must go deep into reality, and really let people understand the meaning of laws and regulations. And on this basis, gradually establish people's belief in the law and establish the sacred status of the law. Only then can the rule of law construction have hope.

Another problem is juvenile delinquency. Among the cases contacted during the internship, a large number of cases were born after the 1980s, and even two defendants who committed robbery were in 1987. Regardless of the defendant's family and its own factors, from the social environment, I feel that society also has some responsibilities. From the beginning of the reforms in the early 1980s to the end of the 1980s, this was a period of major change. This period of time has somewhat relaxed the construction of spiritual civilization. That is to say, some criminals may have been infected with some bad habits during their childhood. Therefore, education from the doll can not be just a slogan, to be truly implemented.

“A journey of a thousand miles begins with a single step.” This short and substantial internship in the past month, I think it has played a role in building a society. The role of the transition is an important experience in life and an important step. It will also be of great help to get on the job in the future. To others humbly ask for advice, to abide by organizational discipline and unit rules and regulations, and to communicate with people and other basic principles of human life must be carefully implemented in real life, good habits must be continuously cultivated in real life. Most of the experience and knowledge I have learned during this period comes from the teachings of leaders and police officers. This is a valuable asset in my life. This internship also gave me a deep understanding that it is important to maintain a good relationship with colleagues at work. To do things first, you must learn to be a human being. It is necessary to understand the truth of being a human being. How to get along with others is one of the most basic problems in the modern society. For a person who is about to enter the society, there is a lot of things to learn. They are the best teachers. The so-called "threesomes, there must be my teacher", we can learn a lot of knowledge and reason from them.

The ultimate goal of studying law is to serve the people, serve the public, and serve the rule of law in society and serve our country in accordance with the law. Higher legal education plays an important role in the process of promoting the rule of law. The professional skills talents with certain basic theoretical knowledge, strong technical application ability and high quality will play an important role in society. The modern society is an open society. It is a society full of rules. Our country must be in line with the world, and the cultivation of high-quality legal talents is indispensable. Therefore, the cultivation of talents should be practical, social-oriented and international. Legal education itself is very practical, so it is more feasible to use theory and practice, and the combination of theory and practice is more feasible. The law school of the university should establish good relations with the public, inspection, law, law firms and other departments. Regularly arrange student trainees, so that students can better digest the knowledge they have learned, cultivate students' interest in law, avoid the phenomenon of high-handedness after graduation, and deliver comprehensive, qualified and excellent high-quality legal talents to the society.

Part 3: Legal Internship Report

As a second-year law school student, I am honored to participate in the “Tsinghua University Law School·Student Volunteer Rural Legal Service Project”. As a volunteer of the legal aid center of the former legal aid, I have developed a variety of forms in my hometown. The practical project has also achieved great gains.

Part I: Court Practice

From February 2nd to 13th, 2019, I practiced winter vacation in the Executive Yuan of the Intermediate People's Court of xx City, Hebei Province. During these 12 days, I was in line with the leaders of the xx city and city courts, the judges of various courts, and related The staff conducted discussions and in-depth discussions. They also personally experienced the trial and ex post implementation of certain cases, and conducted interviews with several migrant workers, urban wage earners and low-income people to learn about their hometown in recent years. Policy changes and public attitudes towards policy.

The reason why we chose to practice in the court is because the difficult problem of implementation has always been a major problem that plagues our judicial and law enforcement systems, and has always had a tremendous negative impact on the judicial image and authority of our courts. Since the implementation of the “Year of Implementation” in 1999, the National Court has taken corresponding countermeasures and measures to solve the problem of “difficulties in implementation”, such as vigorously implementing entrusted execution, organizing the implementation of the General Assembly, improving the implementation mechanism, improving the implementation program, and upgrading. , cross-execution, the establishment of a national court to implement information networking system. Through the implementation of the above measures, although the issue of “difficulties in implementation” has been initially eased, it is a long-term and arduous task to fundamentally resolve the difficulties of implementation. The court still faces many difficulties in the implementation of the issue, and there are many constraints. In the practice of the XX City Intermediate People's Court, the execution of almost every case was a very difficult battle, and the execution of the case was very difficult.

I conclude that the reasons for the difficulty of implementation mainly include the following aspects.

First, it is difficult to perform due to the reasons of the parties. The traditional consciousness of the rule of man in our country's history is deeply rooted, and people's awareness of the legal system is very weak, and the public has little knowledge of the law. In this case, violent resistance to the law, resistance to the implementation of the legal instruments in force, or excessive reliance on the court, and the inability to rely on self-reliance to protect their rights, and so on.

Second, there are flaws in the relevant laws and regulations in China, giving criminals the opportunity to take advantage of them. China is a legislative model of "combination of trial and error". So far, there is no law enforcement law in the true sense. The third part of the Civil Procedure Law "execution program" is the main civil enforcement legislation. There are only 30 articles in this series. The provisions are relatively general, simple, and lack of operability. This will inevitably lead to incompleteness of the enforcement system and impossibility in the implementation. according to. In addition, inappropriate execution procedures have made court enforcement worse. The issuance of the execution notice became a prerequisite for implementation, and the time and opportunity for the transferee who refused to perform the obligations of the legal document to transfer and conceal the property to escape execution was bound to the hands and feet of the executive.

Third, the internal reasons of the court are also an important reason for the difficulty of implementation. The number of cases has risen, and the number of outstanding and unexecuted cases has also shown an upward trend. In addition, the court relies on local finance to solve expenses and is subject to local economic conditions, which imposes many material conditions on the implementation work, which puts great pressure on the implementation of the court. As a result, certain cases have been delayed for a long time or have not been executed for a long time, resulting in a vicious circle.

Fourth, certain undesirable phenomena in society are also important reasons for the difficulty of implementation. Among them, the most obvious and worst-case phenomenon is the phenomenon that local protectionism hinders implementation. At this stage, the financial support of the court is attached to the local finance. The local government, in order to protect the interests of the region, relies on its authority to counter the enforcement of the court or put pressure on the court to force it to abandon its execution. Executives are somewhat led by the NPC and the government, and the “superior” directives “effective” in the implementation work, making it more difficult to enforce the legal instruments. In order to protect the interests of customers, some financial institutions do not assist or do not provide effective assistance to the enforcement of the courts, and some even set obstacles, making it difficult to carry out the work. The executives work in a certain area for a long time. All kinds of social relations with the area must occur in the work and daily life. The executives are inevitably subject to the interference of “personality” or “geography” during their implementation. Difficulty.

In the 12 days that I practiced in the Intermediate Court, the most difficult case of access to the implementation cases was the interference of local protectionism, especially in cross-regional implementation. Secondly, the debtor managed to transfer and conceal property to avoid execution, even There will be incidents of violent resistance to the law. After some parties win the case, they do not get the rights stipulated by the law. The court executive department often fails to do so, which makes some parties question the authority of the court. I believe that if this situation is not effectively improved, over time, these parties may be able to recover their rights through non-legal channels, which will undoubtedly be a major blow to China's legal system. The problem of difficult enforcement of civil cases must be resolved as soon as possible and effectively.

The xx city and city intermediate people's courts won the first-class merits of the national court system last year. They naturally have their own unique features in dealing with the difficult implementation of the courts. Combining the experience of the xx city and the city's middle school, combined with the results of the scholars' discussions, I believe that the solution The problem of "difficulties in implementation" should start from the following aspects.

First, formulate and improve implementation and its related legal system. A special enforcement law is enacted to force the debtor to fulfill its obligations as determined by the state, and to ensure the full realization of the creditor’s creditor’s rights. Modify the irrationalities in the existing implementation system, add new means of implementation, and create new concrete implementation systems. It is necessary to establish a scientific and perfect legal sanction system, increase the crackdown on various illegal and criminal acts in civil execution, thoroughly resolve the current situation of disordered and constrained sanctions system, establish judicial authority, and provide the most powerful law for solving implementation difficulties. Guarantee.

Second, safeguard the independence of the judiciary and establish judicial authority. Through the national separate budget, the unified funds required by the national treasury can get rid of the control and control of local governments, reduce the impact of “human relations” and “geography”, improve the shortage of funds, strengthen the construction of communications, transportation and other equipment, and improve law enforcement. The material conditions create a good law enforcement environment for the court.