[Boutique] Court filing office internship report

Part 1: Court case internship report

I. Introduction to the internship unit and position

In the last semester of my senior year, I ushered in a graduation internship. The internship is arranged for six weeks after the start of the school. The main purpose of the internship is to combine the knowledge and practice learned in the school and further deepen the understanding and mastery of the legal knowledge learned through the understanding of judicial practice.

I am internship at the Xingtai County People's Court. The Xingtai County People's Court is a grassroots court. There are four civil courts, two criminal courts, one administrative court and six courts, as well as a case court, a high court, a court of trial, and an executive board. I was assigned to the People's Court of First Instance. The People's Court of First Instance was mainly responsible for hearing contract dispute cases. After that, I went to the Executive Board for a while. My work here is mainly to organize the files, to audit the trials, to practice writing the judgments, and to investigate with other staff members at the residence of the parties.

Second, the internship process overview

When I went to the internship, the teacher told us that the internship can learn something. The key is not the teacher and the judge, but the self. Only you can observe and explore with a pair of eyes to seek knowledge. Moreover, the teacher repeatedly emphasized the importance of the internship, and specifically asked us to take the internship seriously.

On the first day of the internship, I decided to go to the People's Court to report to the internship. I was sitting in the court and I was sitting at the auditorium. This is a relatively simple contract dispute case. The trial procedure is carried out very quickly. After the parties refused to mediate, the court heard the final statement of the parties. The judge announced the collegial panel and the day after the election, and the trial ended. In the afternoon I was arranged to sort the files in the court.

From the second day, I rushed to the court around 8:15 every day, and first cleaned the sanitation in the court. Our court basically opened the court every morning. When there was no court work and no specific work, I went to other courts to listen. End the work to eat at 11:40. There was very little court session in the afternoon, and only one time was not completed in the morning, and the court continued in the afternoon. Most of the work is done to organize the files. The President also arranged for me to practice the work of writing a judgment. I asked the case file that was tried in court to write a judgment every three days, and then submitted it to the President for revision. In addition to the investigation and evidence collection or delivery of subpoenas and execution orders with the executives in the days of the Executive Board, the files are also compiled.

Third, the main situation and experience of internship

During the internship, I mainly did the following work:

1. Organize the file.

Help judges and clerk organize multiple copies of the file during the internship. There are quite a few typical cases in these cases that have been concluded, involving the identification of facts, the adoption of evidence, and the division of responsibilities. In the process, through the review of the dossier and consultation with the clerk, I have a detailed understanding of the classification of contract dispute cases from filing to completion and the classification of various filing documents.

2. Listen to the case.

At the same time of the rapid development of the market economy, people's awareness of legal rights has been continuously enhanced. In addition, there are fewer non-litigation and dispute resolution agencies such as arbitration, resulting in a relatively large number of cases in the People's Court, and it is increasing year by year. This is a good thing for me, there are plenty of cases to listen to. I used to attend a mock court in criminal cases at school. Criminal cases are very focused on procedures and the courts are serious. But here, after the civil trial, I feel that the trial is more casual, the atmosphere is more moderate, and some of the formal problems are omitted. By listening to the case, I have a detailed understanding of the characteristics and procedures of the civil trial. I realize that the key to the trial of civil cases is to resolve the contradictions between the parties and promote social harmony. Different from criminal cases, which emphasize the state's mandatory punishment of crimes, the ideal result of civil cases should be to achieve a win-win situation for both parties without losing the dignity of the law. This is a high requirement for the judge's personal qualities. This quality is not only the law. The knowledge of the field is profound, and the judges are required to have a high personality charm.

3. Write legal documents.

During the 6 weeks of the internship, the President assisted the President in drafting seven civil judgments, and many mistakes occurred during the writing process. The basic format of the judgment is the first part, the facts, the reasons, the judgment result, and the tail. The first part of the basic situation of the party is written, and then the original teller said that the plaintiff’s claim, facts and reasons were written, and then the “defendant’s identification” was written, and the content was the defendant’s defense reason and fact. This is followed by the “Trial of Trial” section, which writes about the court’s adoption of the evidence and the reasons for its disapproval and the facts of the determination. After that, the Court considered that the reasons for the judgment and the law on which it was based were finally written. After I finished the first judgment, I handed it over to the President. He made a lot of changes to the judgment I wrote. He said: "You can write in front of you, but there are more problems in the 'trial review", the wording is not rigorous, the language is not standardized, the statement is too simple, the logic is not strict, and the persuasive power is insufficient." Indeed.

When I wrote the "Trial of Trial" section, I wrote too much. The President said that this part should analyze all the relevant facts of the case and write the reasons for the adoption and non-admission of the evidence, because the judgment should let the plaintiff, The two sides of the defendant saw that they may not understand the law. As a legal writer, you must let the parties in the proceedings read the judgment of the facts in the judgment by the logical analysis of the facts in the judgment, so that the judgment can be persuaded. Power will be a successful judgment. However, my judgment only analyzes some of the facts of the plaintiff and the defendant's disputes. It does not allow people to draw my judgment from my "explored by trial" and "the court thinks" part. I learned this course in the second year of the legal writing, but unfortunately I thought it was just a lesson, and I didn’t study it seriously. It is very regrettable that I have not been able to study this course at the school, and I am unable to complete the work that the judge gave me during the internship. After returning to school, I will try my best to supplement my knowledge of writing. I hope that I can do it well in the next situation.

4. Follow the execution staff to the location where the subject matter is executed. Generally speaking, the cases in the enforcement stage are very difficult to implement. Some of them are that the executor does not have the money to pay the compensation, that is, no property is available for execution; there is also a class that is rich but still cannot be executed smoothly. These are executed. Most people transfer or hide their property in advance because they know the law. In one case, the applicant knew that the executor had deposited the money in the bank, but the executive did not find the account of the respondent after the inquiry. This is definitely to deposit the money into someone else's account. For such cases, if the departments coordinate and implement together, the efficiency of implementation will be greatly improved.

During the internship, I used this rare opportunity to work hard, strictly demanding myself, humbly asking for advice from the judges, working hard to learn the laws, regulations, and other knowledge, using free time to carefully study some knowledge outside the textbooks, and master some basic legal skills. Thereby further consolidating the knowledge that they have learned and laying the foundation for real legal practice in the future.

"There is a glimpse of the end of the paper, and I know that this matter must be carried out." During the short internship, I was deeply impressed by the superficiality of my knowledge and the lack of professional knowledge. At the beginning, I was very upset that I couldn’t do anything about my work. When I was at school, I always thought that I had learned a good job. Once I came into contact with the actual situation, I realized that I knew very little and needed a lot of learning. At this time, I really realized the true meaning of "learning without end."

The above may be the feeling of me alone, but one of the students who participated in the internship should have some understanding: our legal education and practice requirements are a certain distance. Law is a very practical discipline. It requires theoretical guidance, but its development and significance can be realized in practice, and its main purpose is to serve social practice. Therefore, our legal education should be more closely integrated with practice. When adopting the school-running model combining theory and practice, we should pay more attention to practice and increase the proportion of practice.

During the internship, I found that the popularity of the law and the improvement of citizen legal awareness are very important. China has carried out many years of popularization of legal education activities to promote the rule of law, and has made great achievements. People's legal concepts and legal awareness have been greatly improved. In several cases I attended, the parties did not ask for a lawyer, but defended and defended themselves, and the laws and defenses they used were well in place.

Although China's law-enforcement work has achieved great achievements, we cannot deny that there are still some shortcomings in the depth and breadth of the law. For example, sometimes people know about the legal provisions, but they fail to understand them correctly, so that they violate the law without knowing it. Some parties do not pay attention to using laws to protect their legitimate rights and interests, and finally lead to deepening of conflicts. It is so open to court that it can avoid the use of judicial resources by cases resolved through judicial channels. There are still some cases in the society where the parties do not trust the law. They question the fairness and justice of the law. Therefore, China should and must increase the intensity of the implementation and popularization of the legal system, and gradually establish people's belief in the law. Only in this way can the rule of law construction achieve great progress.

This one-month internship made me realize that in addition to having a good business quality, it is also important to maintain a good relationship with colleagues at work. To be a predecessor, you can only make greater achievements in your work if you first manage your relationships. For those of us who are about to enter the society, there are many things to learn. Everyone around us may be our teacher. As long as we pay attention to observation and study, colleagues and friends around us in work and life will teach us a lot. Knowledge and reason.

Fourth, self-evaluation

During the internship, I strictly abide by the work discipline, do not be late, do not leave early, earnestly complete the work handed over by the judges and the clerk, get the praise of all the people in the court, and also found many shortcomings of their own, found The direction of future efforts.

Through a short and substantial internship in a month, I found that the lack of practical experience made me unable to work hard at work. With the help of several judges, during the internship, I tried to combine the theoretical knowledge and practice I learned at school, and guided the practice with theory. In practice, my knowledge was consolidated and developed, and the ability to solve practical problems was also obtained. Exercise.

At the same time, the internship broadened his horizons, which enabled me to understand the procedures for solving practical problems in law, and to further master the professional terms, and the writing ability of legal documents has also been significantly improved.

In addition, I also met several judges and lawyers and friends. Through exchanges and exchanges with them, I learned a lot of ways to live. These are not available in books. Finally, I would like to take this opportunity to once again express my heartfelt gratitude to the staff of the Xingtai County People's Court and my teachers who helped and guide my internship, and to my friends during the internship!

Part 2: Court Case 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 internship 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: 7xxxx residents v. City Planning Bureau infringed on their right to light, sunlight, and ventilation

1: The origin of the case

The plaintiff of 7xxxx believed that the “Asia-Pacific Cyberport” planned by the Municipal Planning Bureau was seriously in violation of the mandatory national standard of GB50180-93 from the land occupation to the residential housing, and violated the specific technical regulations of the “Changsha City Planning Management Measures”. That is, "Changsha City Planning Management Technical Regulations", and its passages and fire safety have major safety hazards. After repeatedly requesting government coordination unsuccessful, they sued the court and demanded that the administrative license be revoked to compensate users 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 in 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 the dangerous goods such as detonators that seriously endanger the personal safety of the citizens, the plaintiff should not only make a request, but the defendant should also

Take a diligent attitude to identify its source 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 the internship, some judicial documents such as enforcement notices, registration 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 the internship, I applied the knowledge I have learned to the actual work. The theory and the reality are inseparable. In the internship, my knowledge has been consolidated and the 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 3: Court Case Internship Report

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 in 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.