First, the internship process and content
My internship was arranged by the School of Humanities and Social Sciences of Inner Mongolia University of Science and Technology and Yuanjiang People's Court. Through internship, I have gained practical work experience in professional fields, and consolidated and tested the knowledge level of undergraduate study in the past year. During my internship, I learned about the whole process of trial cases from filing to closing. In the process of filing some cases, I have also done specific file sorting work and put forward my own ideas on some cases involved. During this period, I learned the relevant legal knowledge, got a deeper understanding of the filing procedure, and paid attention to organically combining the theory with practice. I was assigned to the first criminal court, which was a bit difficult for me because we haven't studied criminal law in our freshman year. Because I am the only intern in the first criminal court, I am inevitably a little nervous and worried, afraid that I can't do my job well and cause trouble to others. However, this is also a good opportunity to exercise yourself. Because I am a person, I need to meet the challenge independently. In this way, full of passion, I officially started my internship in Yuanjiang People's Court. During the half-month internship, I mainly did the following things.
1, organize files. At the same time, we can see that there are many typical cases in these concluded cases, which involve the determination of facts, the admissibility of evidence, the determination of responsibility and so on. In the process of sorting out the files, we have a detailed understanding of the process of criminal cases from filing to closing and the classification of various archived documents.
2. Listen to this case. Yuanjiang city has a large population under its jurisdiction, and the first criminal court is the most complicated matter under the jurisdiction of Yuanjiang people's court. It's good for me to have a court session almost every day, and I've heard more cases. The trial pays more attention to procedure and the trial is more serious. By auditing cases, I have a detailed understanding of the characteristics and procedures of criminal trials, and understand that the key to trying criminal cases is to pay attention to reflecting the coercive power of the state to punish crimes.
3. The collegial panel shall make a temporary record when deliberating the case. Some difficult cases must be tried by a collegial panel. After the recess, the members of the collegial panel shall discuss the difficulties of the case. I wrote down several cases. Because the judges all use Yuanjiang dialect when discussing the case, they can fully understand it, but I still can't record it completely accurately. We usually practice shorthand less, so I think shorthand training should be added to teaching activities.
4. Write some legal documents. It is worth mentioning that during my 15-day internship, I have drafted 1 criminal ruling, tried to write criminal judgment's manuscript paper myself, and wrote two announcements. This is a very big test for me. You know, cases are ordinary procedures, and writing a judgment requires writing the main contents of each piece of evidence, usually more than ten pages. To write a judgment, you must be very familiar with the whole case and see through the thick reconnaissance volume. Although I wrote some simple documents and followed the template, I still made many mistakes. I wrote four rulings before I qualified! The reason is that the wording is not rigorous. The judge asked me to change it three times before sending it to the president for signature. What a pity! After coming back, I read the format of judicial document writing crazily, and regretted that the teacher didn't listen well when he spoke. It really applies the old saying that "an armchair strategist feels superficial, and when he realizes it, he must do it."
5. Follow police officers to investigate cases and serve legal documents. I always thought it was a very simple matter to deliver documents, but now I know that this is not the case. Everything has difficulties and methods. Sometimes a summons is sent to the defendant many times before the defendant is willing to accept it. Just to sign a service receipt, you have to explain it to them for a long time, because in the eyes of people who don't understand the law, signing is a very cautious thing. They are thinking in their hearts, if they sign it, will they be judged and will it be bad for them. Some people even shut the door and deliberately refused to let us. Only now do we realize that the process of rule of law in China is slow, and legal education has a long way to go. I really learned a lot when I went out to work with officer Du.
Second, the knowledge learned in practice
In this internship, I mainly assist the criminal court, and I often participate in the file management. In the archives room, I mainly help to organize files, which gives me a deeper understanding of file management and improves my practical ability at work. At the same time, I often use my spare time to read all kinds of cases, especially foreign-related cases, which broadens my horizons, lets me know more cases and uses my legal knowledge to think and judge the trial of all kinds of cases. I read a lot of files, especially the trial conclusions of some representative cases and different trials of some similar cases, which broadened my thinking and learned the way of thinking of those lawyers and judges. At the same time, I also consolidated my legal knowledge and learned some related knowledge outside the textbooks. I haven't worked as an intern in the court before, and I know nothing about the work of a clerk. Faced with the fact that I am going to work independently, I have little confidence. Afraid of problems and unnecessary troubles. Fortunately, everyone has been encouraging me and giving me confidence. I have carefully understood the main contents and precautions of clerical work.
The clerk is mainly responsible for the records of cases, including the transcripts of trial, service, inquiry and mediation. , but also responsible for the finishing and binding of some documents, printing and delivery of some documents. Speaking of this record-taking, some people may think that the clerk's record is not technically difficult, but it is a simple record, but taking notes is actually very learned. I didn't know anything about recording, and my writing speed was not fast. Plus, I have no experience and don't know the correct format of all kinds of records. At first, I was completely at a loss and made a lot of jokes. All kinds of records have certain rules and formats. As long as you master these basic rules and formats, recording will be much simpler. In addition, in the court investigation section, the records are also regular. Some programs are cyclical, and repeating other fixed words can save a lot of effort. You should have strong inductive ability, understand the main meaning of the questioner and the questioner, quickly analyze what is important, delete unnecessary content, try to convert colloquial language into written language and write it down. And to do all this, there is an important premise, and that is understanding.
Third, the experience after internship
My internship in the court made me aware of my shortcomings. I compare the institution where I study hard at home to a bottle. Peking University is the bottle cap, and our school is the bottle bottom. There are no law students now, we are at the bottom. Originally, I always thought that judges in grass-roots courts had low academic qualifications. After staying in the court for half a month, I learned more about my blindness and ignorance, but I don't know anything. Now undergraduates are all over the street. In court practice, the judge can say that you are still a student and you can be forgiven. However, if you make a mistake after work, you have to take responsibility. Internship has given me a good transition from a student to a job. It is an important experience and an important step in my life, which allows me to know the society in advance, make full preparations for adapting to the rapidly changing society and lay a good foundation for employment.
Judge's internship experience II
The one-year training for reserve judges has now ended. Through intensive training in and out of school, the professional awareness and ethics of judges are enhanced, the theoretical foundation is consolidated, and the judicial practice ability and trial skills are improved. The self-assessment of one-year training is as follows:
During the intensive training in school, I will listen to the class carefully, strictly observe discipline, actively participate in discussions, and take the initiative to ask the teacher for questions in my study. I completed the course of comprehensive knowledge and professional skills as planned, and mastered the basic professional skills of judges. Through study, I have strengthened my political belief, established the concept of justice for the people and clean justice, and cultivated my legal thinking ability; Have a certain grasp of all important links in criminal, civil and administrative trials. Through case analysis and discussion, trial observation and mock trial, the ability to solve practical problems by using legal theory is enhanced and the skills of case trial are improved. Have an in-depth understanding of the trial ideas and concepts of various cases, especially in mastering the professional abilities of controlling trials, applying laws, making judgment documents, and litigation mediation, and have the basic abilities that judges should have; Accumulated a wealth of knowledge for the next internship and laid a solid theoretical foundation.
During the internship, I worked in four business departments: filing court, criminal court, civil court and administrative court.
During my internship in the filing court, I studied diligently, asked more questions, actively participated in it, and dared to practice. Through practice, I can independently complete the examination of evidence materials in civil, criminal and administrative cases and complete the operation of filing procedures. Under the guidance of my teacher, I actively participated in the mediation outside litigation and mastered the basic skills of mediation outside litigation. In the process of receiving letters and visits, I am familiar with the reception norms and requirements. I can answer the questions raised by the parties according to law and jurisprudence, give the parties appropriate litigation guidance, find the problems in time and put forward suggestions for handling them. In the persuasion work of visiting old customers, I always received them with great patience, communicated with them sincerely, and solved doubts by public welfare interpretation, which improved the ability to guide the parties to rational litigation.
During my internship in the criminal court, I studied with an open mind, took my ability as a teacher, studied hard and was meticulous. The tutor gave me careful guidance in all aspects of the case handling process. In the pre-trial preparation stage, I carefully read the paper and took notes, accepted opinions in time, and revised the outline while summing up, thus ensuring the effectiveness of the trial. Familiar with the trial norms and evidence review methods, can promptly submit the problems omitted in the trial outline to the presiding judge and communicate with the members of the collegial panel in time, thus ensuring the efficiency of the trial. By reviewing the case, I carefully recorded the supervisor's comments on my trial opinions, summed up the reasons and feelings of my problems in the process of hearing the case, and improved my trial skills and ability to solve practical problems by using the law. In document production, I have achieved clear logic, full reasoning, detailed content and standardized words.
During my study in the civil court, I directly participated in the trial of the case. Under the guidance, I reviewed the prosecution materials of the case, made a good record of marking, organized evidence exchange, and made a trial outline, which made the trial thinking clear, the investigation scope comprehensive, the facts to be ascertained accurate, and the focus of controversy detailed. I attach great importance to the evidence involved and pay attention to its application in the trial; Through case review, I pay attention to cultivating legal thinking mode, communicate with teachers in time and make review records, which improves the legal application and legal analysis ability of cases. In the production of legal documents, the format is standardized, the expression is appropriate, the logic is strict and the level is clear. In practice, I pay attention to using the knowledge of jurisprudence and psychology to build a bridge of communication with the parties and adjust their psychological expectations. Under the guidance of the teacher, adjust the mediation strategy flexibly and explore the mediation skills. This has enabled me to firmly establish the concept of harmonious justice and take the completion of cases as an important indicator to measure my work.
During my internship in the administrative court, I learned all the procedures of handling administrative cases under the guidance of my tutor, and also participated in the trial of cases. Under the guidance, be familiar with the key points and difficulties in all aspects of administrative trial cases. In the pre-trial preparation stage, the review materials are familiar with the case, focused and clear-headed. According to the requirements of reviewing the legality of administrative acts, combined with the nature of the case and the focus of disputes, I have determined the basic review order of the trial and the factual disputes that are mainly reviewed. Through hearing and direct questioning, we can test the effectiveness of marking papers and the thinking of trial, and be familiar with the trial norms and evidence review methods in practice. During my internship, I focused on making a case trial report, so that the facts of the case were properly written in detail, the evidence was adopted and expressed clearly, and the writing level was clear. When commenting, accept different opinions with an open mind, carefully record them, and carefully revise them meticulously.
After one year's training, I personally think that I have the basic professional skills and professional ethics that a judge should have, and have reached the standard of a new judge. I am determined to strengthen the consciousness and continuity of study in my future work, make persistent efforts, improve my quality and ability, be a qualified judge and make greater contributions to building a harmonious society.
Judge's internship experience III
According to the internship requirements of the the Supreme People's Court Higher People's Court and the autonomous region for the training of reserve judges, I went to the filing court, administrative court, trial supervision court and Rongjiang People's Court for a period of time from April to June last year. This process made me feel the hardships of grassroots judges, of course, I also realized the happiness of justice for the people, and I was also confused about the problems existing in legal practice.
Qingshui village underwater cart
One day in mid-June last year165438+1mid-October, I went to the countryside with Gong Tingchang and Vice President Lu of Rongjiang Central People's Court and sent a complaint of loan contract dispute to a village in the town called Qingshui. The village is remote and the road is bumpy. It takes several rivers to reach the destination. There is no bridge over the so-called Du Ji River, because the current is not wide. The villagers all crossed the river on the big stones showing the river. When crossing one of the rivers, because the rear wheel of the police car got stuck in the mud and the car stalled, we had to push out a big car. The water in Qingshui village is crystal clear. If it is summer, of course, I didn't say anything. It's time to push a cart in the water to cool off, but it's winter, and it's just a cold wave that day. It's only 3 degrees Celsius, the wind is very cold, and I'm cold in a cotton-padded coat. Not to mention taking off your pants and pushing a cart in the water in thin underwear. It is really cold! Several of us got up the courage to take off our pants and walk into the cold water. We pushed hard, went ashore to warm up when we couldn't stand it in the water, and then relaxed a little before going into the water. So we finally pushed the car ashore and started it again and again. Fortunately, this didn't happen after crossing the river, or you might have a bad cold when you come back. After more than two hours of bumps, we finally came to the village. After serving the defendant with a copy of the complaint and a summons and explaining the legal consequences of not appearing in court, we returned.
Feeling: Today, I finally realized the hardships of grassroots judges. At school, I always thought that judges were a sacred profession. I knocked on the gavel seriously and listened to the evidence and cross-examination from both sides in court. I didn't expect so much hardship in handling the case.
Banner: Bao Zheng defended justice before his death.
This is also a case of Rongjiang Central People's Court. Plaintiff Jiang Guanghui v defendant Shishanjiao Village, Simen Village Committee, Rongjiang Town, xing an, made a judgment in 2008. At the first trial, the case-handling judge ruled that the defendant lost the case with a copy of the contract, which was very unfavorable to the defendant. After the defendant refused to accept the appeal, he appealed to Guilin Intermediate People's Court, which sent the case back for retrial. During the retrial of the case, two groups of villagers, Shishanjiao Village 1 Team, Simen Village Committee, Rongjiang Town, Xing 'an, were emotional and thought that the court had made a judgment based on only one contract, which was unfair. They repeatedly threatened to go to Nanning and Beijing to petition. Gong Tingchang of Rongjiang Court, who presided over the case, repeatedly explained the legal provisions to the parties in the process of trial and investigation and evidence collection, hoping that they would stabilize their emotions and not make irrational moves. After cross-examination in court and investigation and evidence collection after court, the collegial panel made a judgment. The plaintiff only provided a copy of the contract, and there was no other evidence to support it. If the evidence was insufficient, it should reject its claim. After the verdict was pronounced in this case, the defendant set off a string of firecrackers at the gate of the court on the day of receiving the verdict, and presented a banner: Bao Zheng is alive and upholds justice.
Feeling: I was also very excited at the scene. As a people's judge, only by truly doing justice for the people and judging cases according to law can we get the respect of the people.