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How to give full play to the guiding role of old policemen to young policemen?
The clerk is responsible for recording reality and writing history, and is an organic part of the people's court team. Under the increasingly heavy trial task of the court, they have become an indispensable force in the trial work. The construction of the clerk team is related to the construction of the court team. As judges, we have the responsibility to give full play to the role of mentors in the growth of clerks. First, the meaning of mentoring refers to a popular saying now. In work and study, seniors personally impart cultural knowledge, technical skills, experience and experience to younger generations, and veterans impart them to novices. In fact, it is a training mode of mentoring and inheriting, bringing new and old. The mentoring relationship between judges and clerks refers to the relative mentoring relationship between judges and clerks, from legal knowledge to case methods, which can also be extended to how to be a man and how to be sophisticated. Undoubtedly, this is extremely beneficial to the growth of shop assistants. This model was very common in the 1980s and 1990s. When I first arrived at the court, my teacher was Director Yan, who was famous for his strictness. At that time, he was the president of the administrative court, and later he followed the retired teacher Gao. Second, how do judges play the role of mentoring? I don't think this question is easy to answer. I feel that I have been pushed to the position of a master before I start my career. I have no idea. Let's talk about a little superficial understanding according to our own practical experience. Clerks are transactional assistants in judicial work and work under the guidance of judges. This definition shows that the face secretary and the judge are inseparable. The judge's work can only be completed with the cooperation of the clerk. Therefore, judges should take the training of clerks as part of their work. As the saying goes, strict teachers make excellent students. Because there is a certain mentoring relationship between the judge and the clerk, in order to give full play to the role of mentoring, the judge must overcome the fear of offending people and strictly demand the clerk from all aspects with a highly responsible attitude. Judges of the older generation are strict with clerks. They are not satisfied with your notes, so they open them with their own notes. It is common to preach in front of the parties and yell at them loudly. In contrast, judges nowadays are gentler and less severe than clerks. At present, court clerks are basically selected at all levels, with high academic qualifications and high quality, and have been honed by judicial examinations. They have a solid legal theory foundation and strong professionalism, but their life experience and social experience are not rich. They have been engaged in legal work for a short time and have insufficient practical experience. I think judges should focus on the cultivation of practical skills such as working methods, working habits, working style and interpersonal relationships. (1) Cultivate good working habits of clerks. 1. Cultivate the good habit of marking papers before court. Litigation, commonly known as litigation, is a battle of words in form, but it is actually a battle of wisdom, but the carrier is language. The clerk must be careful about the paperwork in the lawsuit. Court records are the most important, and a little carelessness will reduce the documentary value of the records. Therefore, the first good work habit is to read the papers before the trial. For cases where the clerk takes notes, the judge shall require the clerk to read the documents first. The clerk must know the case, be familiar with the case, master the ins and outs of the case, as well as the time, place, names of people, things, special terms, new words, etc., so as to record it conveniently and quickly. At the same time, the judge should take the initiative to communicate with the clerk to let him know the key points and key evidence of the trial and some links that need special attention. A pen swaggered to the court with a few pages between it, and there were many clerks in the team. When I went to court, I saw a row of people on the left and a row of people on the right. None of them match the number. The case is complicated and there are many professional words. This court record must not be written down properly. Therefore, we must cultivate the clerk to develop the good habit of marking papers before court. 2. Cultivate the clerk to develop a good habit of caution. Judges should be cautious in their words and deeds, and so should clerks. When the clerk participates in the whole trial process, he will be exposed to trial secrets and some special circumstances of the case. The clerk can't reveal the trial secrets to the parties or irrelevant personnel, nor can he express his views on the case easily and rashly, so as not to cause the passivity of the trial work. As a judge, we should always remind the clerk to think twice before you act, and form a good habit of caution. 3. Cultivate clerks to form the habit of making overall arrangements for their work. In our hospital, clerks are nervous, and the workload of each clerk is relatively large. Especially in the People's First Court, the number of cases is large, and the clerks have to hold sessions every day, sometimes in the morning and afternoon. If the working hours are not well arranged, a person can't be busy just in court, and he feels chased by work. Therefore, clerks must form the habit of making overall arrangements for their work, make overall arrangements according to the main degree of work tasks and the urgency of working hours, effectively and reasonably arrange their time, and improve the quality and efficiency of their work. (2) Judges and clerks need to cultivate a diligent and dedicated work style. It is also the spirit of the Intermediate People's Court that we strongly advocate. People often say that you have to do one thing and love another. The judge should guide the clerk to set the position and be willing to play a supporting role. The work of the clerk is extensive, trivial and complicated, which runs through the whole trial process. It's really hard. Diligent and dedicated work style is particularly important. There are two levels of dedication, one is to make a living, which is the material need to support the family, and the other is the dedication in the sense of work, which is not only a means of making a living, but also an internal spiritual need. As a judge, the clerk has the obligation to understand that no matter what kind of dedication, he should at least have awe and cherish this job. The closest thing between the court system and the trial work is the clerk work. The clerk participated in the whole trial process from filing to closing. Long-term recording, long-term on-site thinking, listening, knowing the trial procedure like the back of one's hand, and understanding the law more accurately enable the clerk to integrate theory with practice, turn knowledge into ability, and achieve mastery through a comprehensive study. Therefore, it is not a waste of talents for a highly educated legal person to be a clerk, but a necessary stage of talent training. In the post of clerk, we should realize the leap from books to practice, cultivate an all-rounder and be more qualified for trial work in the future. From clerk to judge, it is the most economical way to train judges, and it is also in line with the national conditions. The clerk of our college can be appointed as a judge in three to five years as long as he passes the judicial examination. Therefore, to be a good clerk is actually to lay a good foundation for your own road as a judge. It is not easy to be a judge without the accumulation of clerks. (3) Help the clerk to establish a tacit understanding with the judge. In the trial, whether the cooperation between the clerk and the judge is tacit or not will directly affect the quality and efficiency of the case. If the judge expresses his ideas properly and the clerk understands them accurately, the effect, content and record of the trial will be improved. The judge has clear thinking and strong trial control ability, and the better the clerk's record. For example, when a judge asks a question to a client, his question is not only concise, but also answers the questions that the court needs to know to the point. If the clerk understands the importance of answering this question, the best cooperation effect will be achieved. During the trial, as a judge, we should always pay attention to the recording speed of the clerk. If the clerk's record speed can't keep up with the judge's trial speed, the trial record will be incomplete. In practice, I will repeat some important questions and make a brief summary of some scattered and unrecorded things for the convenience of the clerk to record. In some complex cases with more evidence, I will ask both parties to submit written cross-examination opinions before the court session, so as to reduce the pressure on court records of court clerks. Clerks should also practice keen thinking, follow the judge's thinking closely, try to figure out the judge's understanding of the case, and actively cooperate with the judge's trial activities. Only when the clerk and the judge live in harmony can the best trial effect be achieved. (4) Guide clerks to straighten out their work and interpersonal relationships. Harmonious working environment and interpersonal relationship can make people feel comfortable and improve work efficiency. It is necessary to guide clerks to establish harmonious and inclusive working relationships and interpersonal relationships, strengthen communication and coordination in their work, and smooth working channels and working environment. Let the clerk realize that colleagues should respect, understand and support each other. In this group, there is not only a space for individuals to develop freely and a platform for giving full play to their talents, but also a team spirit of mutual cooperation, sincere unity, frankness and friendship among colleagues. Guide the clerk to know himself correctly, treat his knowledge and ability dialectically, respect the practical experience of old comrades, insist on starting from small things, and prevent arrogance and quick success. Harmonious interpersonal relationship is also a manifestation of ability, which is very important under the existing cadre selection system. It is better to run well as usual and create a pleasant working environment and conditions for progress than to be in a hurry when competing for posts. Suggestion: 1. Set up a clerical team in the whole hospital. At present, the management of the clerks of the Intermediate People's Court is scattered in various business courts, and each court has one or at most two clerks, so there is no communication between them, and they can't point out their shortcomings and share their experiences. Therefore, it is suggested to set up a group of clerks to carry out activities every two or three months, without the need for height and depth, so that they can discuss some details of the work of clerks, such as the making of transcripts and the binding of files, and communicate with each other and improve each other. 2, the implementation of "directional tutorial system" and "one-on-one" training mode. Under the collegiate bench system, every judge is the master of the clerk. In the process of cooperation with judges, clerks can get the guidance of many judges and learn from their strengths, which is conducive to the all-round development of clerks, but it also has certain limitations. On the one hand, training is no longer one-on-one, and the responsibility of trainers and the enthusiasm of shop assistants will be reduced, but the effect is not good. (Nine lords and no owners). Therefore, I prefer the relatively fixed "one-on-one" training mode, which is the strictest and most direct. The master can observe every detail of the apprentice's work and point out the shortcomings in time, which is very targeted and conducive to developing good work habits. The clerks trained by this model should have good working habits, rigorous working attitude and strong working ability. Therefore, the "one-on-one" training mode under the collegiate bench system just absorbs the advantages of both, and can be guided by multiple judges and carefully trained by one judge. Of course, for judges who want to be teachers, with strong sense of responsibility and good professional ability, there must be a screening. 3. Clerk's assessment In the past, the clerk's skill assessment was divided into first, second and third prizes, and excellent clerks were definitely rewarded. However, most shop assistants are unmoved and basically go with the flow. If we change the method and adopt the final appraisal method, the effect will be very different. Everyone is worried about themselves and will definitely achieve the effect of scrambling. It will be a new step for the overall work of the clerk, and at least the results of all participants will be announced. 4. Standardize the filing work of clerks. Standardize the daily work of collecting and filing files, sorting out litigation documents, removing metal objects, repairing and sorting files, writing file page numbers, and binding files. And it is best to organize a book by one person for future reference. For example, the order of litigation documents is usually arranged in the natural order of documents formed by the objective process of litigation procedures. Some clerks are vague if the transcripts and evidence collection materials for repeated investigations on a certain issue are arranged according to the objective process of litigation procedures or according to special issues. . In addition, before filing a case, two things need to be strictly checked. First, it is checked by the judge who undertakes the case, whether the case number is consistent and whether the record is signed. Second, the files should be checked and accepted, whether the file binding meets the requirements, and whether the contents in the volume are standardized. If there is something wrong with the contents of the document, it should be remedied in time. If it is found that the document is not properly bound, it should be returned immediately for reordering. You can also consider quantifying the filing and sorting of files as an assessment item for clerks. The clerk is the reserve team of judges. The all-round and healthy development of clerks is the great development of our court itself. We hope that the Intermediate People's Court will grow into a towering tree. Therefore, judges should develop well, and so should clerks. Please criticize and correct the shortcomings.