[Boutique] Court Court Internship Report

Part 1: Court Intervention Report

Internship unit: People's Court of Caidian District, Wuhan

Internship content: Understand the general situation of the grassroots court system, familiar with the basic judges' handling procedures,

Auditing, binding file classification, and reviewing files

internship period:***

In February 2019, I came to the People's Court of the Caidian District of Wuhan for an internship for three months. After two and three months of short internships, I not only consolidated the legal expertise I have learned in the past three years, but also exercised my legal practice skills. Through the communication and exchange with the teachers of the court, I have established a good relationship with me, greatly increasing my interpersonal skills, growing up my social experience, and broadening my horizons, which has benefited me a lot.

I was full of passion when I first arrived at the court. Although I have not worked before, I don’t know much about the court’s work flow. But I am full of confidence in everything. I believe that if I communicate with those judges and clerk, I don’t understand. Ask them more and then slowly comprehend them. They will be able to adapt to the work quickly in a short period of time.

During the period just arrived, almost all the rules and regulations and work disciplines of the courts were studied. They were familiar with the various departments, then ran the office, sent the files, and then accompanied the clerk to serve the judgment documents. It seems that the work is very monotonous, but I know that there is always a process of adapting to a new environment. Moreover, any work is not simple. For example, the service of the referee documents must be strictly based on legal procedures. There must also be a special person in charge to sign.

About a week later, the president of the court, Dai Shaojun, asked me to open a forum with another classmate who came to the internship. He first expressed his affirmation of our work enthusiasm and work attitude during this time, and secondly, it raised some hopes and requirements for our specific situation. He hopes that we can grasp the opportunity of this internship to consolidate the professional knowledge that we have learned in the past few years, and more importantly, to study hard to grow our own practical experience. We also analyzed the current situation of college students' employment and his work experience over the years. He warned us to correct our own mentality in the current situation of serious employment, to have a reasonable position on ourselves, not to be discouraged and to learn and master more knowledge and experience in a down-to-earth manner. At the same time, we analyzed the employment situation of the law majors we studied, and encouraged us to build confidence, study hard, and strive to prepare for legal work in the future through national judicial examinations and even civil service examinations. Finally, we introduced the judges who guided us to internships, and hoped that we could learn from them humbly and ask them questions in a timely manner.

My instructor is the president of the People's Court, Mr. Hou Bangsheng. He is one of the ten outstanding young judges of the Caidian District People's Court. He has solid legal expertise and rich experience in judicial practice. He is kind and not serious. Everyone can receive them carefully and solve any problems they ask. The work is more rigorous and meticulous. What impressed me the most is that the calendar on his desk clearly records the time and date of each session. The work log clearly records the summary of the meeting, the participants, Court arrangements, visitor records, mediation records, etc. In the same office with Hou Tingchang, there is also Judge Luo Ying. Although she is a acting judge, she has many years of experience in trials involving marriage and family cases. She is also modest and kind, and treats the visiting parties with patience to listen to them. The opinion then patiently persuaded. The work is meticulous, fully prepared for each court session, and spares more time to study his own business knowledge. For some specific cases, I often communicated with her and expressed my opinions. At the same time, I would like to ask some questions that I still don't understand. She can answer the questions and give certain opinions to my opinions.

President Hou often told me that as a judge, always keep in mind the Supreme People's Court's provisions on the "five prohibitions", strictly restrict their behavior, observe the Constitution and laws in an exemplary manner, and maintain the implementation of the Constitution and laws. To engage in trial work, not only must have rich legal expertise and work experience, but also should have a high legal literacy, and treat the parties with patience and persuasion. When applying the law, you should be more cautious, especially when driving discretion, so as to effectively protect the legitimate rights and interests of the parties. When working outside the court trial work, such as the binding of the case file, classification and filing, etc. should also be serious and serious, and should not be sloppy.

Under the guidance of Hou and Mrs. Luo, I was responsible for writing the notice of the court, sorting out the complaints and evidence submitted by the parties, informing the relevant staff to prepare for the trial, and binding the files with the clerk at the trial and classification. Archive. These jobs seem simple, but they can't be done casually. For example, the notice of the court session should be written strictly and regularly, and posted in the bulletin board at a prominent position during the statutory period so that the parties can know the court situation at the first time. . Binding files and filings are also sloppy. First, you must verify the number of files and whether the relevant materials are complete. It is also necessary to sort into other categories as required for future reference.

On the other hand, the content of the internship is to go to the court during the court hearing and feel the court atmosphere at the courtroom. In this solemn environment, the ability of the judges to control the court, review the facts, apply the law, balance the interests, and combine the judgments can all be well reflected in this process. At the same time, the judge

The image literacy of the staff can also be fully demonstrated in the process.

Almost every time we opened the court, we rushed to the trial court to help arrange the court. During the trial, concentrate on listening to the opinions expressed by the parties and their agents or guardians, especially the focus of the debate between the two sides. In some cases, the case is simple and straightforward, and some cases are somewhat complicated. After the court session, I went back and recorded the situation concerning the trial. I talked with President Hou and Mr. Luo about the case, expressed their opinions, and asked them some questions that they still did not understand.

A case concerning the lease contract dispute that was heard on February 19, 2019, has been memorized. The case is typical. It better reflects the judges who have tried the case on the basis of finding out the facts of the case.

Applicable law, the ability to balance the interests of both parties. The following is a brief introduction to the situation of the case.

The case:

The defendant rented the plaintiff's facade house to engage in garment business. The two parties signed a written lease contract on January 8, 2007 for a period of two years. In the middle and late December of 2008, the plaintiff informed the defendant that the contract was about to expire and requested the transfer of the house. The defendant claimed that due to the financial crisis, the business has been sluggish, and there are still a large number of unsalable clothing stocks. It is hoped that the plaintiff will be able to grace the end of the lunar calendar and the plaintiff will answer. By the end of the lunar calendar in 2008, the plaintiff urged the defendant to vacate the house. The defendant said that the business had just rebounded due to the year-end, and hoped to renew it. The plaintiff once again agreed to extend the grace for another month, but did not agree to renew the contract. In February 2019, the plaintiff refused to ask the defendant to vacate the house and filed a lawsuit in the court.

This case applies to the civil summary procedure. Before the trial, the defendant did not expressly agree to mediation. After the judge persuaded and affirmed the relationship, he still did not expressly agree to mediation. The judge then presided over the trial according to the legal procedure. During the trial, the plaintiff provided the corresponding evidence to request the court to rule that the house lease contract expired, and the defendant shall bear the litigation costs and require the defendant to pay the applicable fees after the house expires. The defendant did not protest against this, and also agreed that the plaintiff’s lawsuit requested to check out, but proposed that the plaintiff took over the unreasonable excuse of the inventory goods.

After the end of the court debate, the judge once again presided over the mediation. In response to the current situation of the defendant, the domestic economic situation told the plaintiff that he would be able to give him a certain allowance and that the defendant should pay the house use fee. In view of the fact that the plaintiff is laid-off workers, the difficulty of life and the current high level of consumption, the defendant is required to increase the rental cost of the house accordingly. Finally, the two parties agreed to the mediation under the auspices of the judge and reached a consensus mediation agreement. In this case, the relationship between the rights and obligations of the parties is clear. According to the facts ascertained and the evidence obtained, the judge can make a judgment against the defendant in accordance with the law. However, the judges in this case can balance the interests of both parties with the facts of the case and the current situation of both parties, thus making the parties in this case happy and producing good social effects. On the other hand, although this case is a simple civil dispute, it can reflect the judge's ability to understand and grasp the overall situation in a new situation, the ability to recognize and grasp social contradictions, and the ability to understand and grasp social conditions and public opinion. And the ability to recognize and grasp the spirit of the law. The case can be seen!

“There is a glimpse of the paper, and I know that I have to do it.” The short internship time has slowly passed away. During the short internship, under the care and guidance of the instructor, I have consolidated my learning. Legal professional knowledge has improved the ability of legal practice. But I also deeply felt the superficiality of the knowledge I have learned and the lack of professional knowledge in the practical application process, as well as the lack of practical experience. I will work harder and diligently in my future study, life and work to gain more knowledge and experience.

PART 2: Court Intervention Report

When I first came to the court, the president introduced us to the situation of the district and the general situation of the court work, organized and arranged us to observe the trial, and detailed the writing points of the judgment, the types of cases mainly involved and the main work contents. After two weeks of observation and study, according to the arrangement in the court, follow the teacher to start the internship.

The people accepted by the People's Court are mainly traditional civil disputes between natural persons; contracts and infringement cases between natural persons and legal persons and other organizations. Specifically, it includes medical liability accidents, traffic accident damages, marriage and family, and inheritance disputes. During the internship, I have been following the lecture with the teacher and actually observed the role played by the judge in handling various disputes. Observing the trial is the accumulation of experience, and it also lays a certain foundation for the writing of the judgment. During the trial process, you can actually understand the situation and needs of the parties, familiarize yourself with the civil procedure, and understand the duties of judges, clerk, and lawyers in the trial. Listening to the court is also conducive to summarizing the arguments of both parties, which is conducive to the writing of this part of the judgment.

The content of a judgment mainly consists of the title, the number, the basic situation of the participant, the origin of the case, the trial process, the facts and reasons, the judgment, and the attached legal provisions. In the judgment, the parties' litigation requests should be listed, and the focus of the case should be found out, and the argumentation analysis should be based on the applicable law in the court, which provides a legal basis for the judgment of the case. In the writing of the preliminary judgment, it is necessary to check the basic information of the parties first. The basic conditions of the parties, the principal agent, and the legal representative must be accurately entered according to the materials in the file. Although this is a simple step, it involves the correctness of the subject and requires careful review and careful completion.

Secondly, it is necessary to clarify the origin and passage of the case. Whether the simple procedure is applied is whether the judges will stand alone or form a collegiate bench, and whether the parties will attend the trial. The objection of the parties said that it is necessary to fully understand the litigation request of the parties and summarize them in a concise language, so that the claims of both parties appearing in the judgment can be seen at a glance, so that the focus of the dispute can be easily found. In judicial practice, it is often difficult for a party to express its own claims. Many parties do not have lawyers. The legal expertise is limited, and it is difficult to clearly express their needs. This requires the use of legal thinking in the trial transcripts and judgments. In the order, the words of the parties are clearly stated in French. This is also a challenge at the time of writing the judgment, which requires the accumulation of various types of cases to be proficient. The main work in the pre-internship period is to write a pleading pleading, clarify the litigation procedure in civil cases, and lay the foundation for making a complete judgment.

The court in the judgment believes that part of it is the core content, and it is also the top priority of a judgment. In each case, there is a reasoning process for the facts ascertained and determined, and the law is applied to the referee. In the writing of the judgment, it is mainly reflected in the part considered by the court. When the law and the facts of specific cases have been listed in detail, it is necessary to conduct an argument through the Court, organize the legal facts involved in the text, clarify the legal relationship, and demonstrate the application of a specific legal rule.

The court believes that part of the discussion is appropriate, is the most important criterion for judging the quality of a judgment. When I first started writing the judgment, I would like to write that the court believes that some of the difficulties do exist. It is necessary to borrow reference from similar cases, and it is necessary to have a complete understanding of all the legal relationships involved in the whole case. Up to now, it is inevitable to copy and borrow in this part of the writing. Through the judge's handling of similar cases, combined with the actual situation of the current case, it is necessary to bring guidance and corrections from the teacher.

After nearly five months of internship, he has a basic understanding of civil trial practice, and can quickly clarify the focus of the dispute and clarify the facts of the case. But a few months of internship is still only a small step in the learning process. To become a good judge requires the accumulation of long-term work experience and requires a lot of participation in the trial work. Through this internship, it is possible to clarify the difference between legal theory knowledge and trial practice, and it is no small gain to learn to apply legal theory knowledge to trial work.

The five-month period is not long. I just learned to write a full sentence, but I don’t wait for people to make plans for future employment. Here, I would like to thank President Li for providing us with such valuable internship opportunities, thanks to the careful guidance of the teacher, Professor Shi Chunmei, and the active cooperation of all members of the People’s Court. This internship will be kept in mind for the future work. I wish all teachers work smoothly!

Xxx

Time: XXX

PART 3: Court Intervention Report

Intern: xxx

Major: Law

Internship location: Yuelu District People's Court

Internship time: November 20, 2003 to December 26, 2003

Grade: 2001 class: 3 class number: 8

Trial time limit collegiate bench

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 the university department 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 “Changsha City Planning Management Technical Regulations”, and there are major safety hazards in its passage and fire safety. After repeatedly requesting government coordination, it has filed a lawsuit with the court, requesting the restoration of administrative licenses and compensation for user 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 standards of the plaintiff in this case. On the surface, the plaintiff is a person who earns a living from waste and has a low level of culture, 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 administration of the public security system. Function, 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!