[Boutique] Court Internship Report
According to the arrangement of the college's teaching plan, during the summer vacation of 2019, I conducted a one-month internship at the First Intermediate People's Court of Hainan Province. The First Intermediate People's Court of Hainan Province was established at the end of 2008. The plaintiff Hainan, an international trust and investment company manager, sued the defendant, Hainan, a real estate development company, financial loan contract dispute, the plaintiff, a rural credit cooperative association in Haikou City and the defendant Hainan a travel company Ltd. financial loan Contract dispute
The main problems of these large-value loan contract disputes are: the repayment period is unknown, there is no borrowing, and the subject is illegal, such as the loan contract between enterprises is invalid. Judges often have to make comprehensive judgments by combining relevant evidence. That is to say, the source of funds, trading habits, the amount of borrowings, the relationship between the parties and the details of the transactions stated by the parties are judged comprehensively, and the use, amount, duration, interest, time, method and method of borrowing must be clear.
3. Real estate contract dispute
For example, the plaintiff Hainan Investment Co., Ltd. sued the defendant Hainan Real Estate Development Co., Ltd. and the third party Hainan A Real Estate Consultant Co., Ltd. for the sale and purchase contract dispute.
Recently, due to the surge in real estate prices, the value of land and real estate has doubled, and developers have broken down and so on. Now the boom in the development of Hainan International Tourism Island has passed, and house prices have fallen back. So many owners have torn the contract, and the real estate disputes in our province have risen sharply. The judge's principle on the judgment of such cases: in the process of commercial housing sales, real estate development companies malicious breach of contract and fraud, some real estate development companies seriously violate the principle of good faith, some make false advertising, set up a deposit, or even sell more than one room, The use of commercial housing sales contract fraud buyers, some commercial housing area is seriously shrunk, and some commercial housing has serious quality problems, which seriously damage the legitimate rights and interests of the buyer, will be responsible for punitive damages. And for the fraud of the buyer, the same sanctions are imposed.
4. Intellectual Property Rights Disputes
For example, a plaintiff’s publishing house accused the defendant, Liao, of infringing the right to copy and distribute the dispute
Many judges said that it is difficult to hear intellectual property rights disputes, and the means of infringement are increasingly sophisticated. The ambiguity of the boundary of disputed rights in litigation is becoming more and more prominent. The principle of balance of interests is particularly important in the qualitative nature of cases. The rights of disputes in these cases do not have natural physical boundaries like property rights, nor do they have clear legal boundaries like claims. Whether rights holders have rights, rights within which scope, and scope can prohibit others from using them. With ambiguity and flexibility, the referee needs to proceed from the principle of equity, draw a line between rights, reasonably define the scope and intensity of the right holder to prohibit others from entering, and properly handle the case from the perspective of history, status quo and fairness.
During the short internship, I deeply felt the superficiality of the knowledge I had learned and the lack of professional knowledge in practical use, as well as the disconnect between professional knowledge and practical application. This month, I have a deeper understanding of the work content and procedures of the Court's civil courts, providing reference for future career development; I can exercise personal understanding and applicable legal professional literacy, and consolidate professional basic knowledge; I can gain a deeper understanding of public, inspection, and legal practice. Provide practical support for the learning of professional knowledge. Law is a very practical subject, and law requires theoretical guidance, but the development of law is done in practice. Under the patient guidance of the clerk and the judge, I can begin to work on a simple clerk. Therefore, in the future, I should pay more attention to the combination of textbook knowledge and practice, and adopt a learning model that combines theory with practice.
During this short and substantial internship this month, I first walked out of school to deal with society. Going to work on time every day, not late, not leaving early, earnestly fulfilling the work of the clerk and the judge, the social responsibility of the body has been enhanced. It has played a transitional role in my approach to society and is a wonderful experience in life. In addition to learning a lot of practical knowledge, I have learned a lot about the need for people to live and interact with others. The internship changed from school to society, and the people who touched it changed their roles completely. The teacher became a boss, and the classmates became colleagues. The way to get along was completely different. How to get along with others is one of the most basic problems in the modern society. It is also very lacking in my ivory tower. In the days of internship in a middle school, the cordial relationship with the clerk, the judge, the teacher and the friend makes it easier to know that only modest and friendly, others are willing to pass on the knowledge to you, only diligent, others will be willing to impart knowledge to you. In the days of the court, under the words and deeds of judges and clerk, I suddenly felt the glory and spirit of the original law, not far from me.
Part 2: Court Internship ReportDuring the summer vacation of 2019, I conducted a one-month internship at the People's Court of Xingqing District, Yinchuan City. The main job in the internship is to organize the documents and collaborate on the daily court work. Through this internship, I gained practical experience in my field of expertise, consolidating and testing the knowledge I have learned, and learning the expertise I have not yet learned.
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 took up the work of the specific case file and the clerk, and put forward my own ideas for some of the participating cases. And communicate with the judge in time. During this period, I further studied relevant legal knowledge and gained a deeper understanding of the procedures for hearing civil cases. 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, so I would like to thank all the staff and my teachers who provided help and guidance for my internship summary in the court.
During the internship, my main internship in the court conducted in-depth study and participated in the trial of some cases:
1. Writing of litigation documents. Such as the notice of proof, the notice of responding, the summons of the court, etc. Now I know that the notice of proof is issued to the plaintiff and the defendant, and the notice of responding is issued to the defendant. All instruments are in duplicate, one for the parties and the other for the court. Then he was responsible for the arrangement, proofreading, printing and other work of these files. It has made me more clear about the rigor and rigor of the court work. Every printed lawsuit, judgment, etc. must be stamped with the words "the same as the original check", and the official seal of the court is required. In the use of computer programming, I also realized the need to acquire relevant information knowledge and skills. These basic qualities should be cultivated in our daily study life. 2. Contact the parties. During this time, I often called the party or answered the phone and received other litigation participants. At first I was afraid that my expression was unclear, the parties could not understand my intentions, so the call was very timid, but the so-called savvy, through the teacher's guidance and my own experience, I slowly mastered the skills of communicating with the parties. This made me realize that being a legal worker should not only have professional knowledge, but also the quality of social communication and patient enthusiasm.
3, finishing the file, under the guidance of the court staff, I learned to organize the file. The volume is divided into the volume and the secondary volume: the secondary volume is the reason for the discussion of the case by the collegial panel, etc. It is for the inside of the court, and the parties and their agents are absolutely invisible; the original document includes the filing instrument, the complaint, The responding pleading, the service receipt, the transcript of the trial, the transcript of the cross-examination, the evidence provided by the two parties, etc., are for the parties and their agents. The file can not be taken away from the court, and the case officer or clerk should be returned in time after the completion of the review. The organization of the files consists of arranging internal documents in order, filling in covers, binding into books, posting seals, and stamping the clerk. There are many typical cases in these closed cases, including the identification of facts, the adoption of evidence, the identification of responsibilities, etc., in the process of sorting up the files, the procedures for filing civil cases from filing to finalizing, all kinds of archived The classification of the instruments has been well understood.
4. Listen to the case. During the internship, I participated in several auditions. The court trials I have seen and the imaginations are very different. The scene in the mind is a grand and solemn scene, but it is incompatible with reality. And there is no such thing as a lawyer's confrontation and wonderful scenes. The trial time is also very short, generally no more than three hours. Although I didn't read the file in advance, I can still understand it. I feel that in the process of trial, the judge's thinking is the clearest, and the judge's thinking guides the whole process of trial; the focus of the judge's summary is critical, and it is related to whether the key points can be accurately pointed out; and a good lawyer First of all, we must have clear ideas, be able to justify ourselves, and better capture the deeper meaning of the questions raised by the judges.
5. Make a record of the case. I have had a lot of observations and I have a good understanding of the process of the trial. Therefore, I was fortunate enough to take on the records of several cases. I have never participated in the shorthand exercise. I have not only remembered all the contents in the first few days, but the writing has been altered, and I can’t grasp the contents of the real record. Finally, I am still in the judge’s Under the guidance, I wrote it again, only after the two parties signed it. After several exercises and teacher's corrections, I slowly mastered the skills of the court record and completed the recording work independently, but the speed was still a bit slow. Accurate listening to the court is one of the basic skills of the clerk, and typing is also a big problem. It must be fast and accurate, so that the words of the parties can be completely and accurately recorded. Through this work, I have seen my own deficiencies, which should be in the future. Learn more about your practical practical skills in your life.
In the course of this internship, I found that I still have many shortcomings and shortcomings. I feel that I am not good at communicating and communicating with others. I am not good at doing things. I am not organized enough to do things, but I don’t pay attention to it. Under the guidance of the teacher. I am constantly working hard, constantly practicing and constantly improving.
This internship is an indispensable and important experience in my university life, and its harvest and significance can be described as great. 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. Learn a lot of ways to behave.
I was deeply impressed by the internship for just one month. I understand that all success will not fall from the sky. I must rely on my own efforts to fight for it. Down-to-earth, step by step, speculation is not a long-term solution, only the true ability is the housekeeping skills.
Once again, I am grateful that I have such an internship opportunity, so that I have learned so much knowledge. I am very grateful to the People’s Court of Xingqing District of Yinchuan for giving me an internship.
Part 3: Court Internship ReportFrom July 17 to July 31, 2019, I conducted a 15-day summer vacation at the People’s Court of Qijiang City.
Internship, we usually learn theoretical knowledge and understand social practice in the classroom, but when it comes to real handling of cases and applying legal knowledge, we have no experience, so this practical class - internship, has become me. Society, understand the pedals of society. In just two weeks, except Saturday and Sunday, the actual time spent in the court was only eleven days, but I was deeply touched by the eleven days.
First, the internship process and content
My internship was jointly organized by the School of Humanities and Social Sciences of Inner Mongolia University of Science and Technology and the People’s Court of Qijiang City.
Arranged. Through my internship, I gained practical work experience in my field of expertise, consolidating and testing my knowledge of undergraduate study in the past year. During the internship, I learned 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. In the meantime, I have learned relevant legal knowledge, and have a deeper understanding of the program of filing, and at the same time pay attention to organically combine the theory I have learned with the practice of practice in this process. I was assigned to a court, which is a bit difficult for me because we have not yet studied criminal law. Since I am only an intern in the court, I am a little nervous and worried, afraid that I can't do a good job and trouble others. However, this is also a good opportunity to exercise yourself. Just because it is a person, I need to be independent of the challenge. In this way, I was full of passion and officially started the internship in the People’s Court of Qijiang City. During the half-month of the internship in the court, I mainly did the following things.
1. Organize the file. Looking at it, there are many typical cases in these concluded cases, including the identification of facts, the adoption of evidence, the determination of responsibilities, etc., in the process of sorting up the files, the procedures for filing criminal cases from filing to finalizing, A detailed understanding of the classification of various archived instruments.
2. Listen to the case. Qujiang City has a large population of jurisdiction, and the court is the most miscellaneous of the jurisdiction of the People’s Court of Qijiang City. It is a good thing to open a court almost every day. This is a good thing for me. The case that can be heard is more adequate. . The trial pays more attention to the procedure, and the court is more serious. By listening to the case, I have a detailed understanding of the criminal trial characteristics and procedures. I understand that the key to hearing criminal cases is to embody the state's coercive punishment of crime.
3. Make a temporary record of the collegial panel's evaluation of the motion. Some difficult cases must be tried by the collegiate bench. After the adjournment hearing, the suspects of the case should be collegial of the collegial panel. I have served as a record in several cases, because the judges used the Minjiang dialect when discussing the case. I can fully understand it, but I still can't fully record it accurately. Usually we exercise less in shorthand. I think we should increase the training of shorthand in our teaching activities.
4. Write some legal documents. It is worth mentioning that during the 15 days of my internship, I drafted a criminal ruling, tried to write a manuscript paper of my criminal judgment, and wrote two announcements. This is a very big test for me. Knowing that the case is an ordinary program, writing a judgment requires that the main content of each piece of evidence be written out, and indicate what the evidence proves, usually writing a dozen pages. To write a judgment, you must be very familiar with the whole case and see through the thick reconnaissance volume. Although I wrote some simple documents, I wrote them according to the template, but I still made a lot of mistakes. I wrote four times to pass a ruling. The reason is that the wording is not strict. The judge asked me to change. After three times, I gave it to the President for signature. It’s really awkward! After I came back, I madly read the format of judicial writing. I regret that when I was a teacher, I didn’t listen well. I really applied the old saying, “There is a sense of light on the paper. This matter must be carried out."
5. Follow the police officers to investigate the cases in various places and serve legal documents. Originally thought that the service document was one
It’s a very simple thing. Now I know that it’s not the case. Everything has its own difficulties and methods. A subpoena is sent to the defendant and sometimes it takes a lot of times for the defendant to accept it. It is necessary to sign a delivery certificate. Explain to them for a long time, because in the eyes of those who don’t understand the law, signing is a very cautious thing. They are thinking, whether this sign is a sentence, will it be bad for themselves, some even put the door Closed up deliberately did not let us in, Du police officer gave him patient explanation for a long time, to explain to him that the delivery of the return receipt only indicates that you received the subpoena and notice of the court. It is only now that the extent of the rule of law in China is slow, and that law-based education has a long way to go. I went to the Du police officer to go out to handle the case and did learn a lot.
Second, the knowledge learned in the internship
During this internship, I mainly assisted in the criminal court, and I also often participated in the management of the archives. in
In the archives room, I mainly assisted in organizing the files. It gave me a deeper understanding of the file management work and improved my practical ability in my work. At the same time, I often use my free time to read through various cases, especially foreign-related cases, which has broadened my horizons, learned more abundant cases, and used my legal knowledge to think about and judge the trial of various cases. After reading many of the files, especially the trial conclusions of some representative cases and the different trials of some similar cases, I have learned the way of thinking of lawyers and judges while broadening my thinking. Consolidated my legal knowledge and taught me some knowledge beyond textbooks. I have never worked in the court before, and I don’t know anything about the work of the clerk. Confidence is not enough in the face of being about to work independently. I am afraid of problems and bring unnecessary troubles. Fortunately, everyone keeps encouraging me and adds confidence to me. I have carefully understood the main contents of the clerk's work and the matters to be noted.
The clerk is mainly responsible for the record of the case, including the transcript of the trial, the transcript of the transcript, the transcript of the inquiry, the transcript of the confession, etc. It is also responsible for the finishing and binding of some files and the printing and delivery of some files. Speaking of this record work, some people may think that the record of the clerk is not technical and difficult, but a simple record, but the transcript is actually very knowledgeable. Originally, I didn't understand the work of recording. The writing speed was not fast. Plus, I had no experience. I didn't know the format of the various records. I couldn't touch the door at first, and made a lot of jokes. All kinds of records have certain rules and formats. As long as you master these basic rules and formats, the records will be much simpler. In addition, in the part of the court investigation, the records are also regularly ruled. Some programs are cyclically repeated, and writing other fixed words can save a lot of effort. Have a strong inductive ability, understand the main meaning of the questioner and the questioner, quickly analyze what is important, delete unnecessary content, and translate the colloquial language into written language Come down. And to do all this, there is an important premise, that is, understand.
Third, the experience after the end of the internship
The internship in the court made me know my own deficiencies and compared the institutions I tried to learn in the country to a bottle.
Peking University People's Congress Wuda is the lid of the bottle. Our school is the bottom of the bottle. Now that there is no junior college student in law, we have become the bottom. I always thought that the judges in the grassroots courts had low academic qualifications and stayed half a court. After a deep understanding of the month, I realized that I was blind and arrogant. I knew my ignorance. In fact, I didn’t understand anything. Now the undergraduate students are full of streets, and they are the kind of bottom school. Internship in the court, doing something wrong, the judges can say that you are a student, you can forgive you, but when you go to work and then make mistakes, you have to take responsibility, the internship allows me to enter the work of the students and the society. There is a good excess between them. It is an important experience in life. It is also an important step. I have learned about the society in advance, and I have fully prepared my thoughts and abilities in order to adapt to the ever-changing society. The foundation is of great help to my future.
Internship is an extraordinary glimpse of the role of college students in society. It is full of opportunities for tempering and re-learning. To successfully cross the past, we need to constantly reflect and improve some measures that are human. Of course, for me to study law, I have to pay more attention to the trivialities of the law and its application, and constantly gain experience from it, laying a good foundation for better planning for future life. This is also very important for college students to get involved in the world. The first impression that the internship left me - take every case seriously.
Looking back on the internship in the criminal court for more than 10 days, I feel that I have grown a lot. The confusion and confusion that had been applied to the law in the future work in the school, and the bit by bit of this internship slowly disappeared. The internship allowed me to walk from a student who only saw the theoretical operation to a self-employed intern. I knew how to accept the case and analyze the case. From the very beginning, I would simply organize the file to my own handwritten trial report. From the beginning, I heard that I participated in the trial and made a transcript. Every step in every step of progress makes your knowledge more perfect.
During this short half-month internship, I deeply felt that the work of the court was not easy. Although the courts exercise judicial power on behalf of the state, courts and judges have so many difficulties. The evidence-collecting work is very difficult. The insiders are reluctant to spit out the truth; the relevant personnel disregard the law, and the right-handling law does not cooperate; the vulnerable groups are swallowed up and the rights awareness is weak; the legal concept of the parties is lacking, and the small loses. All of this has prompted me to reinforce my dream of working in the legal profession in the future. I feel that this internship is not only to apply the theory to practice, but also to accumulate work experience and lay a good foundation for future employment. This internship broadened my horizons, which enabled me to understand the operation of the law in reality, and also had a better grasp of professional skills, which further strengthened my confidence to continue on the road of law.
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