District People's Court Internship Summary Report
In accordance with the school's teaching plan in the summer, we were arranged to intervene in the grassroots people's courts and people's procuratorates in Wuhan. I am honored to be assigned to the Wuchang District People's Court of Wuhan for one month.
The Wuchang District People's Court is located in the Shahu section of Wuchang District. It is a court that was established earlier. From the appearance, the architectural style is relatively old, and the scale is not as grand as some new courts. When I walked into the room, I found that the office facilities inside were relatively simple. A few layers of glass divide the first floor into an office. Although simple, the hygiene is clean and clean, giving a feeling of serenity and solemnity. The office is also well-organized, and the tables, chairs, bookcases, and books are neatly arranged. After a round of laps, it was discovered that the entire court consisted of two buildings, in front of the filing hall and office building. Behind it is the Trial Chamber, next to the Executive Board and the back office, with corridors connected in the middle, and the entire court looks like a quadrangle. It is such a small place to go, but it has dealt with thousands of cases around the world. I can't help but sigh: the sparrow is small and complete. After all, the environment is good for work and service. Since the work has been basically guaranteed, what is the significance of pursuing the superiority of the environment and conditions? I was relieved, and the fear of the court was born.
With this sense of awe, I "squat" into the door of the court. I was greeted by the vice president of the People's Court. She led me into the innermost office. The office has three judges, a clerk, and a sister who is more than a month older than me. So I started legal work in this fresh and exciting environment. Although it is my turn to work and most of the repetitions, I still have a strong interest in handling everything.
In the first two days of starting work, the judge told me to follow the clerk carefully and obey her arrangements, because in most cases the judges are busy, basically have no time to take care of us, and will only teach us from time to time in the chat. .
There were a lot of things in my internship that impressed me and gave me a lot of experience. The first thing is to bind the dossier, although it sounds simple, but it contains a lot of legal knowledge. I remember the first day, the clerk took a thick file and told me the order of the various files inside. Since the selected case is not classic enough, she can only explain it roughly, and let me see more about the file. I flipped through a file that had been sorted out. Although the circumstances of each case are quite different, the basic litigation documents contained in the case are generally consistent. After repeated accumulation and consolidation, I was finally able to independently complete the finalization of a case.
The second thing is the operation of the daily work of some courts. After mastering the above basic skills, I also learned the whole process of a case from filing to closing. Because the order of each case is handled in accordance with the court's operational procedures. With these basic knowledge, I was exposed to things like the writing of litigation documents. Such as the notice of proof, the notice of responding, the summons of the court, etc. Then he is also responsible for the arrangement, proofreading, printing and other work of these files. During the period, he often called the party or answered the phone and received visitors and other litigation participants. 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. In the issue of issuing tickets and using computer programming, I realized the need to acquire relevant information knowledge and skills. These basic qualities should be cultivated in the daily study life.
The above is only some superficial content. The real knowledge should be obtained during the trial and after the discussion with the judges. In just one month of internship , I had the privilege of participating in the audit several times under the leadership of the judges.
The next third thing is to listen to my perceptual knowledge. The trial I have seen differs greatly from the court trial I imagined. It may be that my European and American legal novels or movies have seen more, and the scenes in the mind are grand and solemn, which is incompatible with reality. The courtroom seen in the court is a small, poorly furnished cubicle that gives a feeling of randomness. The judges also mingle with the parties, and there is no such thing as a lawyer's confrontation and splendid scenes. The trial time is also very short and generally does not exceed two hours. Later, I learned from the judge that this is a temporary court and the formal court is still under repair.
I felt a lot when I got a few cases down. First of all, the legal awareness of the parties is weak. Many people don't even have to ask for a lawyer. They are accompanied by friends and relatives in an effort to use the power of many people to fight against everything. This has caused the examination and approval to be interrupted or even re-examined many times, reflecting the great problems of the legal publicity and education in China. Second, the judge is under great pressure. Whether in the office or in the courtroom, the judges are undoubtedly not facing the blame of the parties. This is really a kind of helplessness and a kind of sorrow, and the instructions and interference of the superiors undoubtedly exacerbate this sorrow. Finally, the trial work can be handled flexibly. This is very different from the way I think about dogmatic treatment. For example, in the trial of a civil joint litigation case, there was only one plaintiff, namely the residential property management company, and the defendant had six, all of whom were community owners. Originally, I thought that the case would be merged, because it was convenient, simple and quick, and the judges were tried one by one. After my question, I got the explanation that after investigation, the six owners each had their own opinions and were not unified. If the merger was conducted, it would cause confusion and it would be difficult to control the situation. In the end, it would affect the trial work. This made me have to admire the experience of the judges. On the surface, it seems that the judges are no different from ordinary people, but they will find their accumulation and flexibility when they arrive at work. However, my other finding is that the collegiate bench is basically unconscionable. Each record is completed by the clerk in a fixed pattern from a previous trial record. I don't know if this is another flexible treatment.
The fourth is the tendency to be a heavy entity in the trial process. For example, in many cases, the retrial procedure is initiated because of an error in the entity, and rarely re-reviewed for the program. Another example is the omission of the above mentioned collegiate. I have often heard and heard that judges have taken some seemingly unnecessary programs for convenience. And this kind of blind pursuit of efficiency is based on the interests of the sacrifice of the program. At present, there is still a general phenomenon of heavy and light programs in China, which can be seen from this incident. In my opinion, all the facts of the legal knowledge in the sense of reproduction, rather than the factual state of the original state, can only be achieved in the trial, but not in the original state. A number of pursuits of the absolute justice of the case and the sacrifice of the programmatic interests of the entire civil service system will not be worth the loss, not to mention the fact that this speculated legal fact does not necessarily coincide with the objective situation at the time. Only through a fair trial procedure can fully protect the rights of litigants of all parties, guarantee the authenticity, sufficiency and legitimacy of the evidence on which the case is based, and give the participants a fair, democratic and civilized feeling and education. To the extent that judicial decisions are accepted and accepted by the public, and the public's universal conviction and respect for the rule of law in the country is formed. I hope that we can get out of this misunderstanding as soon as possible.
The fifth thing is the phenomenon that the final judgment is not the ultimate. The number of appeals is increasing, and the rate of protests is high. This makes judges often do repetitive work, and the work pressure is also invisible. One of the reasons is that the parties refused to accept the judgment and lacked trust in the court's judgment. This mistrust depends largely on their lack of legal awareness. Some cases are unclear and easy for us to see, and the judges have followed the due process. There is no error in applying the law. The parties have repeatedly come to the court to appeal, and they went directly to the president and the president. In addition, if there is an application for a protest to the procuratorate, if there is a complaint to the government, the NPC is required to supervise it. Perhaps those people are really embarrassed, or they have indeed been unfairly judged, of course, we do not rule out some judicial corruption problems. However, as a final judgment made by a court after a strict procedure, it should have the authority it deserves. Otherwise, the law will lose its value and role. The famous American jurist Harold Berman once said that "the law must be believed, otherwise it will be in vain." If the role of law is to be exerted, its value is reflected, and its spirit is respected, the "legal belief" that every member of society should have is indispensable. On the contrary, the judicial system of a country must be vacant.
The sixth thing is to implement difficult problems. As the main front for implementation, the grass-roots courts are responsible for 80% of the country’s cases. However, the traditional cultural background and special geographical relationship of the grassroots level make the implementation status of the grassroots courts not optimistic, and the actual execution rate of the cases is not satisfactory. Although I am not in the Executive Board, some of my classmates have been internships there. We communicated in private and listened to the judges more than once, so we still have some experience. A judgment has come down. This case is not a complete conclusion. It is only the end of perfection until the content of the judgment is completed. What I learned is often that the content of the judgment is not honored. Some parties often resort to fraudulent concealment in order to evade their responsibilities. Some have to evade debts, some have transferred property, and even others dare to use even fake divorce. This has to worry about the majesty and credibility of the law. Difficulties in implementation are national issues. There are many reasons for this, such as environmental problems of implementation, frequent abnormal order and other factors. It does not rule out the quality of the executive judge. I want to solve this problem can be considered from the following. First, reform the judicial system and improve the legal system to restore the balance of the institutional system. Specifically, it is to solve the problem of judicial independence, reduce the impact of departments and localities on judicial activities, enhance the court's anti-jamming capability, and further improve the legal system and unified information management system to increase the punishment for evading legal responsibility and refusing to perform court judgments. For those who dare to despise judicial authority, they should be punished as criminal offences. In addition, a unified information platform is needed to prevent the parties from evading legal responsibility and evading legal responsibility. Second, strengthen the construction of the court itself. Difficulties in implementation, although there are institutional and institutional reasons, there are also human factors, especially the impartiality of judges handling cases. This is the most basic rule and reason.
Finally, talk about my own problems. Through the study in the past few days, I have had a deep understanding: theoretical knowledge is not enough, many theoretical problems are not understood by me at present; practical skills are not strong, and many basic social skills are still lacking in tempering. And it can't be a good combination of the two. Specifically, the teaching in the classroom focuses on the mastery of theoretical knowledge, but it is rarely involved in practice. This has caused us to be stretched in practice. In many cases, some small things in the judicial process are very strange to us, and often make us feel helpless. Or do you want to sort out the dossier, it seems insignificant, but the laws implied in it are not understandable at a glance, and each of the litigation documents has its reasonable order. Therefore, here is a digression. The ultimate goal of studying law is to serve the people, serve the public, and serve the rule of law in society and serve our country according to law. Higher legal education plays an important role in the process of promoting the rule of law. The professional skills talents with certain basic theoretical knowledge, strong technical application ability and high quality will play an important role in society. The modern society is an open society. It is a society full of rules. Our country must be in line with the world, and the cultivation of high-quality legal talents is indispensable. Therefore, the cultivation of talents should be practical, social-oriented and international. Legal education itself is very practical, so it is more feasible to use theory and practice, and the combination of theory and practice is more feasible. The law school of the university should establish good relations with the public, inspection, law, law firms and other departments. Regularly arrange student internships to make students better
The Wuchang District People's Court is located in the Shahu section of Wuchang District. It is a court that was established earlier. From the appearance, the architectural style is relatively old, and the scale is not as grand as some new courts. When I walked into the room, I found that the office facilities inside were relatively simple. A few layers of glass divide the first floor into an office. Although simple, the hygiene is clean and clean, giving a feeling of serenity and solemnity. The office is also well-organized, and the tables, chairs, bookcases, and books are neatly arranged. After a round of laps, it was discovered that the entire court consisted of two buildings, in front of the filing hall and office building. Behind it is the Trial Chamber, next to the Executive Board and the back office, with corridors connected in the middle, and the entire court looks like a quadrangle. It is such a small place to go, but it has dealt with thousands of cases around the world. I can't help but sigh: the sparrow is small and complete. After all, the environment is good for work and service. Since the work has been basically guaranteed, what is the significance of pursuing the superiority of the environment and conditions? I was relieved, and the fear of the court was born.
With this sense of awe, I "squat" into the door of the court. I was greeted by the vice president of the People's Court. She led me into the innermost office. The office has three judges, a clerk, and a sister who is more than a month older than me. So I started legal work in this fresh and exciting environment. Although it is my turn to work and most of the repetitions, I still have a strong interest in handling everything.
In the first two days of starting work, the judge told me to follow the clerk carefully and obey her arrangements, because in most cases the judges are busy, basically have no time to take care of us, and will only teach us from time to time in the chat. .
There were a lot of things in my internship that impressed me and gave me a lot of experience. The first thing is to bind the dossier, although it sounds simple, but it contains a lot of legal knowledge. I remember the first day, the clerk took a thick file and told me the order of the various files inside. Since the selected case is not classic enough, she can only explain it roughly, and let me see more about the file. I flipped through a file that had been sorted out. Although the circumstances of each case are quite different, the basic litigation documents contained in the case are generally consistent. After repeated accumulation and consolidation, I was finally able to independently complete the finalization of a case.
The second thing is the operation of the daily work of some courts. After mastering the above basic skills, I also learned the whole process of a case from filing to closing. Because the order of each case is handled in accordance with the court's operational procedures. With these basic knowledge, I was exposed to things like the writing of litigation documents. Such as the notice of proof, the notice of responding, the summons of the court, etc. Then he is also responsible for the arrangement, proofreading, printing and other work of these files. During the period, he often called the party or answered the phone and received visitors and other litigation participants. 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. In the issue of issuing tickets and using computer programming, I realized the need to acquire relevant information knowledge and skills. These basic qualities should be cultivated in the daily study life.
The above is only some superficial content. The real knowledge should be obtained during the trial and after the discussion with the judges. In just one month of internship , I had the privilege of participating in the audit several times under the leadership of the judges.
The next third thing is to listen to my perceptual knowledge. The trial I have seen differs greatly from the court trial I imagined. It may be that my European and American legal novels or movies have seen more, and the scenes in the mind are grand and solemn, which is incompatible with reality. The courtroom seen in the court is a small, poorly furnished cubicle that gives a feeling of randomness. The judges also mingle with the parties, and there is no such thing as a lawyer's confrontation and splendid scenes. The trial time is also very short and generally does not exceed two hours. Later, I learned from the judge that this is a temporary court and the formal court is still under repair.
I felt a lot when I got a few cases down. First of all, the legal awareness of the parties is weak. Many people don't even have to ask for a lawyer. They are accompanied by friends and relatives in an effort to use the power of many people to fight against everything. This has caused the examination and approval to be interrupted or even re-examined many times, reflecting the great problems of the legal publicity and education in China. Second, the judge is under great pressure. Whether in the office or in the courtroom, the judges are undoubtedly not facing the blame of the parties. This is really a kind of helplessness and a kind of sorrow, and the instructions and interference of the superiors undoubtedly exacerbate this sorrow. Finally, the trial work can be handled flexibly. This is very different from the way I think about dogmatic treatment. For example, in the trial of a civil joint litigation case, there was only one plaintiff, namely the residential property management company, and the defendant had six, all of whom were community owners. Originally, I thought that the case would be merged, because it was convenient, simple and quick, and the judges were tried one by one. After my question, I got the explanation that after investigation, the six owners each had their own opinions and were not unified. If the merger was conducted, it would cause confusion and it would be difficult to control the situation. In the end, it would affect the trial work. This made me have to admire the experience of the judges. On the surface, it seems that the judges are no different from ordinary people, but they will find their accumulation and flexibility when they arrive at work. However, my other finding is that the collegiate bench is basically unconscionable. Each record is completed by the clerk in a fixed pattern from a previous trial record. I don't know if this is another flexible treatment.
The fourth is the tendency to be a heavy entity in the trial process. For example, in many cases, the retrial procedure is initiated because of an error in the entity, and rarely re-reviewed for the program. Another example is the omission of the above mentioned collegiate. I have often heard and heard that judges have taken some seemingly unnecessary programs for convenience. And this kind of blind pursuit of efficiency is based on the interests of the sacrifice of the program. At present, there is still a general phenomenon of heavy and light programs in China, which can be seen from this incident. In my opinion, all the facts of the legal knowledge in the sense of reproduction, rather than the factual state of the original state, can only be achieved in the trial, but not in the original state. A number of pursuits of the absolute justice of the case and the sacrifice of the programmatic interests of the entire civil service system will not be worth the loss, not to mention the fact that this speculated legal fact does not necessarily coincide with the objective situation at the time. Only through a fair trial procedure can fully protect the rights of litigants of all parties, guarantee the authenticity, sufficiency and legitimacy of the evidence on which the case is based, and give the participants a fair, democratic and civilized feeling and education. To the extent that judicial decisions are accepted and accepted by the public, and the public's universal conviction and respect for the rule of law in the country is formed. I hope that we can get out of this misunderstanding as soon as possible.
[1] [2]
The fifth thing is the phenomenon that the final judgment is not the ultimate. The number of appeals is increasing, and the rate of protests is high. This makes judges often do repetitive work, and the work pressure is also invisible. One of the reasons is that the parties refused to accept the judgment and lacked trust in the court's judgment. This mistrust depends largely on their lack of legal awareness. Some cases are unclear and easy for us to see, and the judges have followed the due process. There is no error in applying the law. The parties have repeatedly come to the court to appeal, and they went directly to the president and the president. In addition, if there is an application for a protest to the procuratorate, if there is a complaint to the government, the NPC is required to supervise it. Perhaps those people are really embarrassed, or they have indeed been unfairly judged, of course, we do not rule out some judicial corruption problems. However, as a final judgment made by a court after a strict procedure, it should have the authority it deserves. Otherwise, the law will lose its value and role. The famous American jurist Harold Berman once said that "the law must be believed, otherwise it will be in vain." If the role of law is to be exerted, its value is reflected, and its spirit is respected, the "legal belief" that every member of society should have is indispensable. On the contrary, the judicial system of a country must be vacant.
The sixth thing is to implement difficult problems. As the main front for implementation, the grass-roots courts are responsible for 80% of the country’s cases. However, the traditional cultural background and special geographical relationship of the grassroots level make the implementation status of the grassroots courts not optimistic, and the actual execution rate of the cases is not satisfactory. Although I am not in the Executive Board, some of my classmates have been internships there. We communicated in private and listened to the judges more than once, so we still have some experience. A judgment has come down. This case is not a complete conclusion. It is only the end of perfection until the content of the judgment is completed. What I learned is often that the content of the judgment is not honored. Some parties often resort to fraudulent concealment in order to evade their responsibilities. Some have to evade debts, some have transferred property, and even others dare to use even fake divorce. This has to worry about the majesty and credibility of the law. Difficulties in implementation are national issues. There are many reasons for this, such as environmental problems of implementation, frequent abnormal order and other factors. It does not rule out the quality of the executive judge. I want to solve this problem can be considered from the following. First, reform the judicial system and improve the legal system to restore the balance of the institutional system. Specifically, it is to solve the problem of judicial independence, reduce the impact of departments and localities on judicial activities, enhance the court's anti-jamming capability, and further improve the legal system and unified information management system to increase the punishment for evading legal responsibility and refusing to perform court judgments. For those who dare to despise judicial authority, they should be punished as criminal offences. In addition, a unified information platform is needed to prevent the parties from evading legal responsibility and evading legal responsibility. Second, strengthen the construction of the court itself. Difficulties in implementation, although there are institutional and institutional reasons, there are also human factors, especially the impartiality of judges handling cases. This is the most basic rule and reason.
Finally, talk about my own problems. Through the study in the past few days, I have had a deep understanding: theoretical knowledge is not enough, many theoretical problems are not understood by me at present; practical skills are not strong, and many basic social skills are still lacking in tempering. And it can't be a good combination of the two. Specifically, the teaching in the classroom focuses on the mastery of theoretical knowledge, but it is rarely involved in practice. This has caused us to be stretched in practice. In many cases, some small things in the judicial process are very strange to us, and often make us feel helpless. Or do you want to sort out the dossier, it seems insignificant, but the laws implied in it are not understandable at a glance, and each of the litigation documents has its reasonable order. Therefore, here is a digression. The ultimate goal of studying law is to serve the people, serve the public, and serve the rule of law in society and serve our country according to law. Higher legal education plays an important role in the process of promoting the rule of law. The professional skills talents with certain basic theoretical knowledge, strong technical application ability and high quality will play an important role in society. The modern society is an open society. It is a society full of rules. Our country must be in line with the world, and the cultivation of high-quality legal talents is indispensable. Therefore, the cultivation of talents should be practical, social-oriented and international. Legal education itself is very practical, so it is more feasible to use theory and practice, and the combination of theory and practice is more feasible. The law school of the university should establish good relations with the public, inspection, law, law firms and other departments. Regularly arrange student internships to make students better
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