How to make a good record of people's mediation investigation
Investigation record is a kind of evidence that must be used in making people's mediation in judicial administration. The quality of transcripts is directly related to the definition of the legal nature of contradictions and disputes, the legitimacy of people's mediation procedures, and the extension of court pre-litigation mediation and even future judgments. One principle, two qualities and three abilities should be possessed by investigators and record takers. One principle should be possessed by investigators and record takers. It is the principle of seeking truth from facts, being responsible for people's mediation work, and being fair and just. 2. Two qualities that an investigator and a recorder should possess. (1) means that the witness should have skilled legal knowledge and master the quality of mediating contradictions and disputes. (2) The mediator and recorder should cooperate tacitly and master the quality of recording skills. 3. The recorder should have three abilities. (1) Writing ability and writing ability. The recorder is required to write quickly and neatly. (2) Logical thinking ability and language generalization ability. (3) be able to record the main facts and key plots of contradictions and disputes, so as to be detailed, specific and accurate. Second, the preparatory work before the investigation should be meticulous and thorough. Make the following preparations before talking: 1, and get familiar with the situation. Interviewers and recorders must analyze contradictions and disputes in depth and carefully together, straighten out their thinking, master relevant materials in an all-round way, and especially understand every piece of evidence they have mastered. First learn and understand some intellectual issues and policies involved, and strive for the initiative to ask questions. 2. Understand the psychological state and personality characteristics of the interviewee. Only by understanding all kinds of mentality can we take corresponding measures and conversation strategies. 3.* * * Make corresponding investigation plan and conversation strategy, make investigation outline, and define investigation purpose and task. Third, questioners and recorders should pay attention to cooperation skills: 1, and have a division of labor. Who asks who remembers to be ready. 2. In order to enable the recorder to completely record the main plot of the event, after the interviewee has finished speaking for a period of time, the questioner can repeat the important plot of the conversation to remind the recorder, or provide a certain recording time for the recording. 3. When the recorder doesn't record the main information of the case, or can't keep up with the speed of asking questions, or can't hear clearly, he can remind the questioner to slow down or ask the interviewee. It should be noted that the recorder cannot summarize the words of the parties in his own language, or only record the general meaning, and the record must truly reflect the language of the parties. 4. When the person being mediated is emotional or the contradiction is about to intensify, he should do the work alone or temporarily according to the situation. One person sings "red face" and the other sings "bad face". That is, one person carries out patient and meticulous ideological education, understands it with reason and moves with emotion, and one person points out contradictory responsibilities by using his own evidence and relevant laws and regulations, so as to achieve the purpose of conversation. Before the end of the conversation, the questioner and the recorder should ask each other's opinions, whether there are any questions that need to be added, questions that have not been asked, or questions that have been missed, so as not to miss the conversation. Four, the production of transcripts should meet the following requirements. 1 First of all, introduce yourself to the interviewee as a people's mediator, and explain to the interviewee whether there is a problem of seeking truth from facts, otherwise, you should bear legal responsibility and put it on record. 2. According to the recording format, ask and remember the basic information of the interviewee. Such as name, gender, age, education level, work unit, home address, contact information, etc. , so that you can contact if you have any questions in the future. Then enter the content of the survey. 3. After the record is completed, it shall be handed over to the parties for verification. If the parties think that there are omissions or errors in the records, they should supplement or correct them, and the places and contents of the supplement or correction must be stamped with the seal of the parties or by the fingerprints of the parties. After the transcripts are verified to be correct, the parties concerned shall sign and indicate the year, month and day. 4. If more than two transcripts have been made for the same interviewee, if there is any contradiction between the current transcript and the latter transcript, the interviewee must be asked to confirm which transcript shall prevail. Five, written records should be consistent with the "four characteristics" (1) of the objective authenticity. Records must be realistic and objectively reflect the testimony or statements of witnesses or interviewees, which is the basic professional ethics and discipline of people's mediators. (2) clarity. For some vague information provided, such as approximate, possible, seemingly vague or inconsistent words, we should guide them in time, ask them clearly and remember them clearly, and we should not be inconsistent in the same transcript. (3) legitimacy. The making of transcripts must conform to the procedures, with the participation of more than two mediators, and the conversation with witnesses should be conducted separately, and other irrelevant personnel shall not be present. The record of witness testimony should be one person and one certificate, and more than two people cannot produce one testimony at the same time. (4) seriousness. Once the written record is signed, it is evidence and has legal effect. No one may alter, damage or lose it at will.