2019 People's Court Internship Summary Report
Mr. Lu Xun once said: "The huge buildings are always stacked with one stone and one stone. Can we do this wood and stone? I often do some piecemeal things, that is for this." The new semester began. All the students in our class started a one-month internship . From February 20th to March 16th, 2019, I conducted a one-month graduation internship at the Yichang Intermediate People's Court. In just one month, except for the weekend break, the actual time spent in the court was less than ten. It’s just days, but it’s been a deep feeling for me for more than ten days.
According to the arrangement of the school's 2019 teaching plan, we must have a one-month internship in the second half of the third year of school. Fortunately, the school has made careful arrangements. The professional teachers have contacted several courts and procuratorates for us. You can choose which court or internship in the procuratorate. I joined the other eight students in an internship at the Intermediate Court. On the afternoon of February 20th, we had a group of nine people. Starting from the top three, under the leadership of our teacher Wang, we took a bus to the court in the development zone. At the door, we asked the police officer on duty to the office of Director Li of the Political Department. On the fourth floor, we finally found the office. Teacher Wang quickly handed in the introduction letter from the school. Director Li Jianjun of the Political Department warmly received us, welcomed us to the internship in the hospital, and told us some courts. Some of the work disciplines are mainly about the provisions on confidentiality and matters that should be paid attention to in life.
I finally chose Min Yiting, and I was assigned to the internship of the Secretary of the People's Court, Wang Liren. Wang Shuji is a special professor at our school. He also found two excellent judges for me: Judge Hu Yuanliang and Judge Zhu Xiaoling. I chose the Civil Court. Internship , this mainly considers that the civil program law has an extremely important position in our country, and my own civil program method is not good enough, and I have never been internship . It has been a long time since I studied it. Now I have forgotten this piece of civil business. Less, especially in the civil program, it is almost completely blank, and there is no internship in peacetime. I remember that many seniors of law school have said one sentence: "Learning the law, the people who get the civil law have the world", I know I have to pay more attention to this part of the civil law. Whether we will take the judicial examination or the postgraduate examination in the future, I still have to seriously study the operation of judicial practice in order to prepare for future employment. In the almost 20 days of internship in the Intermediate People's Court, I mainly did the following work.
1. Organizing the files, this is the most important work item during my internship. I helped Wang Shuji and Mr. Hu to organize more than 100 copies of the file. While reviewing and looking at the archival materials, there are many typical cases in these concluded cases. The identification of facts, the receipt of evidence, the determination of responsibilities, etc., in the process of tidying up the files, the classification of various civil documents from the filing to the conclusion, and a detailed understanding of the classification of the various documents.
2. Listen to the case. The intermediate courts have a large population, and the amount of the subject matter is generally large. The people's court is the most complicated and the most subjective of the court. There are many cases that have been filed for trial by the end of February. There are more than 20 people in the court. The judges, on average, have at least dozens of cases per person, and often dozens of courts are open every day. This is a good thing for me, and the cases that can be heard are more adequate. The previous mock trials in schools mainly involved large criminal cases. They focused on procedures and the courts were more serious. However, after listening to several civil trials here, I felt that the trial was very casual and many of the formal issues were taken. The judge's case is like a chat. The divorce case is generally not open to the public. I also went to the court as a court staff member. By listening to the case, I have a detailed understanding of the characteristics and procedures of civil trials. I understand that the key to hearing civil cases lies in resolving the contradictions between the parties. The criminal cases focus on the national compulsory punishment of crimes. The ideal goal of civil cases should be The case is closed, so that the two parties can achieve a win-win situation without losing the dignity of the law. This requires a high standard of judges' personal professional ethics. This is not only a legal knowledge, but more importantly, it is understood. For the sake of the parties, try to reduce the litigation costs of the parties, to a certain extent the pursuit of judicial efficiency, but also the shelf of the official, the distance between the artificial judge and the public.
3. Do the inquiry transcript. Before the trial, I have to ask the parties involved in the case. I have served as a record in several cases. Because the judges sometimes use the Yichang dialect when inquiring, I can’t fully record them when I record them. Remember some key points and probably, sometimes you have to ask the parties to avoid mistakes, and then let them sign. In fact, even if they speak in Mandarin, I can't fully record them accurately. Usually we exercise less in shorthand. The records of the clerk at the time of the mock trial are all fake, and the transcripts of the trial are all prepared long ago. I think that we should increase the training of shorthand in this aspect of our teaching activities. During the internship in the Intermediate People's Court, I have a general understanding of the cases handled here. The cases of the Intermediate Court of the People's Court are mainly concentrated in the following categories:
1. Divorce disputes, especially in the first three months of the year, divorce cases account for about half of the total cases. In the case of divorce, in general, the first divorce is not the one specified by the Marriage Law. If there are gambling drug abuse and other bad habits, one party has abandoned the abuse of family members, and the husband and wife have separated for two years, etc., the first instance is a dismissal request that the plaintiff is dismissed after the mediation is invalid, but if the plaintiff revisits the same after half a year If a reason is called for a divorce, the court will decide to support the divorce if the mediation is invalid. Therefore, it is a very simple matter to divorce now. Once it is not done, one more time. After the usual discussions with the judges and some cases I have heard of the case, I have found that the divorce case has some new features: 1 the marriage time is relatively short, the divorce rate is relatively high. 2 the marriage time is relatively short, the divorce rate is Higher, the majority of divorces under the age of 30. 3 women are higher than men, and there are 40 divorce cases in the case file, 30 of which were filed by the woman, reflecting the growing awareness of women’s rights protection, women The status is improved. 4 One party does not appear in court, and the litigation documents are increased by the announcement. 5 Due to family conflicts, there are more divorces, mostly concentrated on migrant workers, and they all file divorce shortly after the Spring Festival.
3. Labor contract disputes. After hearing several cases concerning labor contracts in the court, it was found that during the debate, the agent of the employer always emphasized that the relationship between the employer and the employee is a labor relationship, or emphasizes employment. Relationship, while the agent of the laborer emphasizes that the labor relationship between the employer and the laborer is a factual labor relationship without a labor contract. The trial of such cases also involves the arbitration of the Labor Arbitration Commission. To determine the compensation for a work-related injury, the Labor Arbitration Commission must first determine the labor relationship. Since I am about to graduate, I have to go to work, so I have a lot of attention to the case of labor disputes. In the case of labor disputes, there is generally a prerequisite for filing a lawsuit. It is to arbitrate with the labor arbitration committee. If the case is not subject to arbitration, the lawsuit can be filed in the court within the prescribed time. I also did the labor relations and labor relations frequently mentioned after the trial. As follows, the difference between labor relations and labor relations is mainly reflected in the following aspects: from the main body of the contract. The party to the labor relationship must be an employer. That is, the government, enterprises, institutions, social organizations or individual economic organizations, and the other party is the individual. Both parties to the labor relationship may be individuals, or all units, or one party may be a unit, and one party may be an individual. From the perspective of the relationship between the employer and the employee. The laborers in the labor relationship have subordinate relationship with the employer, accept the management of the employer, abide by the rules and regulations of the employer, engage in the work assigned by the employer and obey the personnel arrangement of the employer. The two sides of the labor relations are the relationship between equal subjects. The laborers only provide labor services according to the contract, and the workers only pay according to the agreement. There is no affiliation between the two parties, and there is no right to manage and manage, control and be controlled. And obligations. From the form of payment. The way in which labor relations pay remuneration is generally to pay wages on a monthly basis, which is regular. Labor relations are mostly one-off or paid in batches according to stages. There is no certain law. From the perspective of the application of the law. Disputes arising in labor relations are disputes between employers and workers and should be adjusted by labor laws. The dispute arising in the labor relationship is the dispute arising from the performance of the contract between the two parties to the equality, and should be adjusted and resolved by the civil law.
The internship in the court made me know my lack of ignorance and knowledge. I compared more than 300 colleges and universities in China with a bottle. Xizheng, Zhongnan Finance University, Peking University, People's Congress, and Wu Da are the lids 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 court were very poor. I have not tried the judicial examination for so many years. I am only now. I know how one-sided my thoughts are. It’s not that judges don’t want to learn. They don’t have time to learn. They are pressed all the time. They always think that the judges in the Chinese courts have low academic qualifications. They are all transferred from the military. After a month of serious internship, the court learned that many people have college degree or above in university law, only to find their ignorance, not to go out and see, you never know how many pounds you have, and you have an internship in the court. If you have done something wrong, the judges can say that you are still a student, you can forgive you, but when you go to work and then make mistakes, you must bear the corresponding responsibility and set yourself up. For the judges to think about it, if I am a judge myself, when signing my name on the judgment, it means a sacred responsibility, provided that justice is fair, which represents the correct exercise of the state’s judicial jurisdiction, the court There is a trial and supervision court specializing in the wrong case investigation system. The internship makes me have a good transition between the students and the society to enter the job. It is a very important experience in my life and an important step, which makes me advance. I have learned about the society, prepared well in terms of thinking and ability to adapt to the ever-changing society, laid a certain foundation for employment, and played an important role in my future.
Andrew Gard said: "A person should only think of one thing at a time and persevere, so he hopes to get it. But I think everything, I can't catch anything. Every time I find out, when I pursue it. When I have something at my fingertips, I am pursuing something else. It’s too late.” I feel that I have more to gain in the internship process. I must cherish the current learning opportunities, internship opportunities, start from every little thing, work diligently. Hey, humbly ask the teachers and classmates, ask for advice, constantly improve their professional knowledge and skills, but also set appropriate and feasible goals, and carefully prepare, I believe that my efforts will be rewarded. The road is long and the road is long, I will go up and down! Minzi was written on March 4, 2019 from 9:00 to 12:00
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According to the arrangement of the school's 2019 teaching plan, we must have a one-month internship in the second half of the third year of school. Fortunately, the school has made careful arrangements. The professional teachers have contacted several courts and procuratorates for us. You can choose which court or internship in the procuratorate. I joined the other eight students in an internship at the Intermediate Court. On the afternoon of February 20th, we had a group of nine people. Starting from the top three, under the leadership of our teacher Wang, we took a bus to the court in the development zone. At the door, we asked the police officer on duty to the office of Director Li of the Political Department. On the fourth floor, we finally found the office. Teacher Wang quickly handed in the introduction letter from the school. Director Li Jianjun of the Political Department warmly received us, welcomed us to the internship in the hospital, and told us some courts. Some of the work disciplines are mainly about the provisions on confidentiality and matters that should be paid attention to in life.
I finally chose Min Yiting, and I was assigned to the internship of the Secretary of the People's Court, Wang Liren. Wang Shuji is a special professor at our school. He also found two excellent judges for me: Judge Hu Yuanliang and Judge Zhu Xiaoling. I chose the Civil Court. Internship , this mainly considers that the civil program law has an extremely important position in our country, and my own civil program method is not good enough, and I have never been internship . It has been a long time since I studied it. Now I have forgotten this piece of civil business. Less, especially in the civil program, it is almost completely blank, and there is no internship in peacetime. I remember that many seniors of law school have said one sentence: "Learning the law, the people who get the civil law have the world", I know I have to pay more attention to this part of the civil law. Whether we will take the judicial examination or the postgraduate examination in the future, I still have to seriously study the operation of judicial practice in order to prepare for future employment. In the almost 20 days of internship in the Intermediate People's Court, I mainly did the following work.
1. Organizing the files, this is the most important work item during my internship. I helped Wang Shuji and Mr. Hu to organize more than 100 copies of the file. While reviewing and looking at the archival materials, there are many typical cases in these concluded cases. The identification of facts, the receipt of evidence, the determination of responsibilities, etc., in the process of tidying up the files, the classification of various civil documents from the filing to the conclusion, and a detailed understanding of the classification of the various documents.
2. Listen to the case. The intermediate courts have a large population, and the amount of the subject matter is generally large. The people's court is the most complicated and the most subjective of the court. There are many cases that have been filed for trial by the end of February. There are more than 20 people in the court. The judges, on average, have at least dozens of cases per person, and often dozens of courts are open every day. This is a good thing for me, and the cases that can be heard are more adequate. The previous mock trials in schools mainly involved large criminal cases. They focused on procedures and the courts were more serious. However, after listening to several civil trials here, I felt that the trial was very casual and many of the formal issues were taken. The judge's case is like a chat. The divorce case is generally not open to the public. I also went to the court as a court staff member. By listening to the case, I have a detailed understanding of the characteristics and procedures of civil trials. I understand that the key to hearing civil cases lies in resolving the contradictions between the parties. The criminal cases focus on the national compulsory punishment of crimes. The ideal goal of civil cases should be The case is closed, so that the two parties can achieve a win-win situation without losing the dignity of the law. This requires a high standard of judges' personal professional ethics. This is not only a legal knowledge, but more importantly, it is understood. For the sake of the parties, try to reduce the litigation costs of the parties, to a certain extent the pursuit of judicial efficiency, but also the shelf of the official, the distance between the artificial judge and the public.
3. Do the inquiry transcript. Before the trial, I have to ask the parties involved in the case. I have served as a record in several cases. Because the judges sometimes use the Yichang dialect when inquiring, I can’t fully record them when I record them. Remember some key points and probably, sometimes you have to ask the parties to avoid mistakes, and then let them sign. In fact, even if they speak in Mandarin, I can't fully record them accurately. Usually we exercise less in shorthand. The records of the clerk at the time of the mock trial are all fake, and the transcripts of the trial are all prepared long ago. I think that we should increase the training of shorthand in this aspect of our teaching activities. During the internship in the Intermediate People's Court, I have a general understanding of the cases handled here. The cases of the Intermediate Court of the People's Court are mainly concentrated in the following categories:
1. Divorce disputes, especially in the first three months of the year, divorce cases account for about half of the total cases. In the case of divorce, in general, the first divorce is not the one specified by the Marriage Law. If there are gambling drug abuse and other bad habits, one party has abandoned the abuse of family members, and the husband and wife have separated for two years, etc., the first instance is a dismissal request that the plaintiff is dismissed after the mediation is invalid, but if the plaintiff revisits the same after half a year If a reason is called for a divorce, the court will decide to support the divorce if the mediation is invalid. Therefore, it is a very simple matter to divorce now. Once it is not done, one more time. After the usual discussions with the judges and some cases I have heard of the case, I have found that the divorce case has some new features: 1 the marriage time is relatively short, the divorce rate is relatively high. 2 the marriage time is relatively short, the divorce rate is Higher, the majority of divorces under the age of 30. 3 women are higher than men, and there are 40 divorce cases in the case file, 30 of which were filed by the woman, reflecting the growing awareness of women’s rights protection, women The status is improved. 4 One party does not appear in court, and the litigation documents are increased by the announcement. 5 Due to family conflicts, there are more divorces, mostly concentrated on migrant workers, and they all file divorce shortly after the Spring Festival.
3. Labor contract disputes. After hearing several cases concerning labor contracts in the court, it was found that during the debate, the agent of the employer always emphasized that the relationship between the employer and the employee is a labor relationship, or emphasizes employment. Relationship, while the agent of the laborer emphasizes that the labor relationship between the employer and the laborer is a factual labor relationship without a labor contract. The trial of such cases also involves the arbitration of the Labor Arbitration Commission. To determine the compensation for a work-related injury, the Labor Arbitration Commission must first determine the labor relationship. Since I am about to graduate, I have to go to work, so I have a lot of attention to the case of labor disputes. In the case of labor disputes, there is generally a prerequisite for filing a lawsuit. It is to arbitrate with the labor arbitration committee. If the case is not subject to arbitration, the lawsuit can be filed in the court within the prescribed time. I also did the labor relations and labor relations frequently mentioned after the trial. As follows, the difference between labor relations and labor relations is mainly reflected in the following aspects: from the main body of the contract. The party to the labor relationship must be an employer. That is, the government, enterprises, institutions, social organizations or individual economic organizations, and the other party is the individual. Both parties to the labor relationship may be individuals, or all units, or one party may be a unit, and one party may be an individual. From the perspective of the relationship between the employer and the employee. The laborers in the labor relationship have subordinate relationship with the employer, accept the management of the employer, abide by the rules and regulations of the employer, engage in the work assigned by the employer and obey the personnel arrangement of the employer. The two sides of the labor relations are the relationship between equal subjects. The laborers only provide labor services according to the contract, and the workers only pay according to the agreement. There is no affiliation between the two parties, and there is no right to manage and manage, control and be controlled. And obligations. From the form of payment. The way in which labor relations pay remuneration is generally to pay wages on a monthly basis, which is regular. Labor relations are mostly one-off or paid in batches according to stages. There is no certain law. From the perspective of the application of the law. Disputes arising in labor relations are disputes between employers and workers and should be adjusted by labor laws. The dispute arising in the labor relationship is the dispute arising from the performance of the contract between the two parties to the equality, and should be adjusted and resolved by the civil law.
The internship in the court made me know my lack of ignorance and knowledge. I compared more than 300 colleges and universities in China with a bottle. Xizheng, Zhongnan Finance University, Peking University, People's Congress, and Wu Da are the lids 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 court were very poor. I have not tried the judicial examination for so many years. I am only now. I know how one-sided my thoughts are. It’s not that judges don’t want to learn. They don’t have time to learn. They are pressed all the time. They always think that the judges in the Chinese courts have low academic qualifications. They are all transferred from the military. After a month of serious internship, the court learned that many people have college degree or above in university law, only to find their ignorance, not to go out and see, you never know how many pounds you have, and you have an internship in the court. If you have done something wrong, the judges can say that you are still a student, you can forgive you, but when you go to work and then make mistakes, you must bear the corresponding responsibility and set yourself up. For the judges to think about it, if I am a judge myself, when signing my name on the judgment, it means a sacred responsibility, provided that justice is fair, which represents the correct exercise of the state’s judicial jurisdiction, the court There is a trial and supervision court specializing in the wrong case investigation system. The internship makes me have a good transition between the students and the society to enter the job. It is a very important experience in my life and an important step, which makes me advance. I have learned about the society, prepared well in terms of thinking and ability to adapt to the ever-changing society, laid a certain foundation for employment, and played an important role in my future.
Andrew Gard said: "A person should only think of one thing at a time and persevere, so he hopes to get it. But I think everything, I can't catch anything. Every time I find out, when I pursue it. When I have something at my fingertips, I am pursuing something else. It’s too late.” I feel that I have more to gain in the internship process. I must cherish the current learning opportunities, internship opportunities, start from every little thing, work diligently. Hey, humbly ask the teachers and classmates, ask for advice, constantly improve their professional knowledge and skills, but also set appropriate and feasible goals, and carefully prepare, I believe that my efforts will be rewarded. The road is long and the road is long, I will go up and down! Minzi was written on March 4, 2019 from 9:00 to 12:00
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