The court record is a written record that reflects the objective and true situation with written records. It is one of the powerful evidences for judges to judge cases fairly, and it is a true record of the whole process of court trial. The trial record runs through every link of the whole litigation process. It is not only the record and reflection of the court's trial activities, but also the concrete embodiment of the people's court's judicial power. It can not only reflect the judge's trial level, but also reflect the overall quality of the clerk. It can be said that the position and role of the clerk in the lawsuit is very important. Therefore, strengthening the quality training of court clerks, improving the production level of court trial transcripts and improving the ability of judicial execution are the inevitable requirements for improving judicial ability, standardizing judicial behavior and promoting judicial justice in the new period. At present, I intend to express some views on the present situation of making transcripts in the court trial. If it can play a role in attracting jade, it will achieve the purpose of the author's exchange and discussion. 1. Pre-trial methods and skills: Whether the pre-trial preparation is sufficient or not plays a decisive role in the smooth progress of the trial record. After the trial date of the case is determined, the clerk should do a good job in debugging the court equipment and arranging the court. On the day of the trial, you should arrive at the trial court in advance to check whether the trial facilities are complete, whether the signs are complete, and whether the corresponding treatment drugs are ready and in place. Check whether the paper, pen and ink to be recorded are complete; Whether there is any problem with the computer and printer, know in advance whether the power supply is normal on that day, whether there is a power outage notice, whether you are psychologically prepared for the special situation that appears in the trial, and how to deal with it after encountering an unexpected situation, so as to be prepared. It is necessary to adjust the mood in time, contact the parties and other participants in the proceedings to appear in court, find out the appearance in court, arrange observers, announce court discipline, and handle other preparatory work for the trial. In the process of checking the identity of the parties, determining the gallery, announcing the court discipline, and inviting the presiding judge and members of the collegiate bench to appear in court, we should pay attention to clear words, steady tone and serious expression to ensure the normal and smooth trial. It is necessary to make the trial transcript true and complete. First of all, you must read the documents before the trial. Before each trial, the clerk had better go to the judge to read the case file. This is not only to check the delivery of litigation materials again and confirm that the preparatory work before the trial has been completed, but also to be familiar with the case, understand the disputed issues between the two sides, be aware of it, pay attention to the uncommon writing, consult the judge in time, and understand the plaintiff's litigation request, specific facts and reasons. Grasp the scope and center of the case to be tried by the judge in advance, so that it can be summarized and analyzed quickly when recording the trial, and the trial can be recorded quickly, accurately and without error. These are all good methods and skills to determine whether you can master the trial record. Second, the methods and skills in the trial: the quality of the trial transcript depends on the quality and level of the clerk. Because it is impossible for a clerk to record everyone's language word for word in litigation activities, it is difficult for a clerk to make qualified transcripts or even high-quality transcripts in a short time only by writing speed and typing skills. However, if you can use the recording skills flexibly, you will get twice the result with half the effort and greatly improve the quality and efficiency of recording production. (1) is highly concentrated. After the judge announced the trial, the clerk entered the trial as quickly as possible, thus entering the trial and integrating into the trial. When recording, a man inputs (writes) a sentence, remembers a sentence in his head and hears a sentence in his ear. During the whole recording process, always keep the words you hear up to date, and record them in time by other methods to avoid missing content. In the process of recording, nervous mind and delay in recording lead to confusion of hands and brains. When the recording is suspended, the recorder should resolutely give up what he has heard, put his mind right, and ensure that the writing and typing in his hand don't stop for too long. The most fundamental thing is not to be distracted and pay attention to the adjustment of emotions, which plays a vital role in whether the writing of the trial transcript is clear, the levels are clear and the language is accurate. (2) around the trial intention. During the trial, the clerk's thinking should closely follow the judge's trial intention, closely focus on the facts of the case that the judge needs to find out, grasp the key points of the case, always pay attention to the judge's speeches and questions, and record in detail the causes of the trial, the facts and reasons of the disputes between the parties, the cross-examination of the trial, the opinions expressed on the evidence provided by the parties, and the focus of the disputes between the two sides. When the parties' statements are chaotic, the expression of meaning is chaotic or the content is scattered, the speakers are summarized, sorted out and summarized. If the statements made by the parties are repetitive or irrelevant to the case, the clerk shall extract the main points and central ideas and record them, and express them in standardized language and written form. The contents of the transcript shall be true, specific and complete; It is indeed possible to reflect judicial justice through the transcripts of court trials and prepare for further trial and judgment of cases. (3) Pay attention to details. According to the different cultural and educational levels, their own qualities and local language habits of the two parties, the transcripts made in this case, if tried many times, may have doubts about whether the parties have made such statements. Therefore, especially for the statements of the parties, try to make records in the original words. In addition, don't use abbreviations or symbols when taking notes in class. Verbatim records, especially the speeches of the parties. But we must also distinguish. Never record what you say. Not every party is so organized. Learn to summarize and pay attention to the logic of language. Each party's words are grouped into one paragraph or one line, and try not to connect them together. Some things have been determined, so there is no need for detailed records to ensure that the records are hierarchical. Otherwise, if the parties have opinions on the transcripts made at that time, the judge will not understand them, which will affect the trial and judgment of the case. For the court debate stage, it is not a verbatim record. We should distinguish between severity and non-severity. We can forget the facts of the case repeatedly stated by the parties (usually stopped by the judge). We only record the behaviors of the parties who have excessive words, and we don't need to record some rude words. This is to maintain the seriousness of court records. However, in order to ensure the authenticity of the transcript, it can be polished by abusive words and brackets. When expressing the name in the record, you can use the party's last name. (4) Highlight the key points of recording. In order to highlight the key points in the trial record, the clerk is required to extract the useful parts of the parties' words during the recording process for recording. When stating the claims and factual reasons, the parties shall focus on recording the changed and additional claims, as well as the facts and reasons orally supplemented; If the respondent makes an oral defense, it shall record the defense viewpoint and factual reasons in detail; If the statement of the parties is the same as the complaint (defense), it can be recorded as "See the complaint (defense) for details". The statements that the parties admit and give up are the key contents and should be recorded in detail. When answering a judge's question, if the key answers such as "yes and no" and "yes and no" are involved, and the amount and date are involved, they should be recorded accurately and preferentially. When the parties submit evidence materials in court, they should focus on recording the name of the evidence, the reasons for overdue submission, the facts proved and the cross-examination opinions of other parties. There is no way to completely record the words of the parties, but these words are more important. The judge can be reminded to ask the parties to repeat. After summing up the focus of disputes between the two parties, the judge shall record whether the parties have any objections. In addition, the mediation opinions of the parties in civil cases are also the key content and should be accurately recorded. If both parties reach an agreement voluntarily, they shall record the mediation process, and record or aggravate the mediation situation in detail, so that the lawful and fair behavior in the mediation process can be fully demonstrated. The actions of participants in litigation that violate legal procedures and rules shall be recorded completely, truly and accurately. The warnings and admonitions given by the court to the parties, and the stopping and handling of other emergencies in the course of litigation, especially cases of insulting, beating and impacting the court, shall be recorded. This will not only reflect the overall situation in the trial, but also lose the basis when the court takes compulsory measures against the parties. During the trial, the way and tone of the parties answering the judge's questions, such as silence, silence, crying, repeated inquiries and still not answering, should be reflected in the trial transcript. For example, in divorce cases, the above expression of the parties can be used as the basis for considering whether the relationship between the two parties has broken down, and it is also a substantive issue for deciding whether to grant divorce. In the stage of court investigation and court debate, the questions raised by the judge in the trial should also be clearly recorded, and the central content of the speech and the key content of the case decision should be recorded in priority, accuracy and detail. For example, if the type of case is a limitation dispute, then the contents related to the starting time, expiration time, period and claim time are the key points of the record, which should be recorded accurately and in detail. The judge's similar statement that "the investigation stage of the court is over and the debate stage of the court is started" should be clearly recorded. In this process, it should be noted that if the parties apply for withdrawal, this is a situation that needs attention, and it is necessary to accurately distinguish between before and after the debate. (5) Handle the accident calmly. There will inevitably be some unexpected situations during the trial. A good clerk should be calm and don't panic. Here, it not only tests the professional quality of the clerk, but also fully embodies the psychological quality of the clerk. The clerk should cooperate with the judge tacitly and handle emergencies calmly and properly. If, due to the reasons of the parties, during the trial, the parties are nervous, emotional, or angry with the other party's statement, and suddenly faint or have a heart attack during the trial, the clerk shall immediately stop recording, save the written materials of the relevant cases, and assist the parties in treatment, and make a true record of the whole situation after the trial. For other reasons, such as using a computer (speed recorder) to input and print in court, if the computer (speed recorder) fails, you should apply to the presiding judge for a temporary recess as soon as possible to troubleshoot. If the fault cannot be eliminated as soon as possible, it may be recorded with a pen with the consent of the presiding judge. In short, no matter what happens in the trial, the clerk should keep a clear head to ensure that things are not chaotic, first save the relevant case materials, and then supplement the relevant records to ensure the authenticity and integrity of the trial transcript. Third, the methods and skills after the trial: the primary value of the trial transcript lies in its objective authenticity. If a transcript does not conform to the trial process, even if it is detailed and neat, it has no value. After the trial transcript is completed, it should be carefully proofread. After proofreading, the court record shall be handed over by the clerk to the parties and other participants in the proceedings for reading, and checked at the end of the trial. After verification, the parties and other participants in the proceedings shall sign or seal the transcripts, and at the same time, the transcripts read by the parties must be reflected in the court transcripts. Only the signature and commitment letter of the parties are common, and it does not show whether they have read it, which is easy to cause the parties to regret it afterwards. This practice should be stopped. This is the litigation right of the parties and the embodiment of legal transparency. In addition, people attending the trial can't read the transcripts of the trial because they have no right. In the past, there was a phenomenon that the audience and the parties were close relatives to read the transcripts in court trials. It is emphasized here that they should be banned, because they are not parties or agents in this case and have no legal relationship with this case. The clerk can only let the parties or agents who have expressed the content see your transcripts. Everyone only checks what they have said. If the client feels any different, let him dictate. The clerk will revise it next to the transcript to make the meaning of the parties clear. In the court transcript, the parties are only responsible for their own statements, and cannot raise objections or make corrections to other people's statements. If the parties and other participants in the proceedings think that there are omissions or errors in the transcript of the trial, they have the right to apply for correction, and the clerk shall record the application, but no correction is needed. The repentance of the parties after their statements in court should be treated differently. The correct way is to report to the presiding judge and ask the judge for advice. After the trial, if the parties refuse to sign and seal after reading the transcript, the traditional practice is to record the situation and attach a volume, which will not affect the effectiveness of the transcript. The author thinks this is debatable. Here we distinguish the situations: the parties read the trial record and have no objection to the contents of the trial record and their own statements, but refuse to sign and explain to them; If the parties insist on not signing, they should indicate in the court transcript that "after reading, the parties have no objection to their statements and refuse to sign", which should be clear here; After one party signed it, the other party refused to sign it, and its attitude was excessive. It should be resolved in time to eliminate the doubts of the parties. If the parties refuse to sign, they shall explain the consequences and record them truthfully. What is worth discussing here is whether the signatory can be a witness, and this article will not discuss it in depth. If the party concerned has justified reasons to ask for supplements or corrections, the clerk shall indicate the reasons and process in addition to the contents of the supplements or corrections, and affix the seal of the clerk to show the norms. However, joint records only allow the parties to sign and press their fingerprints, which should be avoided; All parties who have statements in the record should sign and seal the record. After checking the trial transcript, write on the last page of the transcript: "The transcript is correct or read the same as I said", then sign the name of the clerk, and then stamp the transcript with red inkpad, where the signature is made, and where the words of the parties are spoken. If there is any change in the record, the clerk should also stamp the change. If there are too many changes in the transcript, in order to ensure the cleanliness of the transcript of the trial, you can also re-output a copy with a printer after the parties confirm the changes (if necessary). After the trial transcript is made and signed by the parties, the clerk shall sign it and submit it to the presiding judge for review in time. In short, as the basic work of trial, the trial record has not been specifically standardized, and the legal attribute of the trial record has not been established. All these need to be standardized and improved in the process of modern judicial reform.