Tisch
Last semester, according to the arrangement of the university, I was assigned to the Procuratorate of Jin Ming Branch of Kaifeng City for a six-week internship, which lasted for 20xx years, x months and x days. The purpose of this internship is to put the theoretical knowledge I learned in school into practice, try to combine theory with practice, deepen my understanding of what I have learned and lay a good foundation for the future. During my internship, I strictly demand that I observe discipline and not be late. Not leaving early and conscientiously completing the work entrusted by the leaders and the staff of the procuratorate have been well received by the leaders and prosecutors, but at the same time, many shortcomings have been found.
One: internship unit.
This internship, I was arranged in the public prosecution department of the procuratorate. When I first arrived at the department, I was mainly engaged in back office work. Learn the formulation of some documents, including indictment, public prosecution opinion, non-prosecution, etc. Help teachers to print relevant archival materials and do a good job of file binding and filing. In my spare time, I asked the teachers in the department and got a lot of advice. Under the knowledge of the public prosecution teacher, I soon became familiar with a series of legal procedures of public prosecution.
Second, the main situation of the internship process
During my internship in the Public Prosecution Section, I mainly engaged in the processing of some legal documents, supplemented and revised some files that have not completely gone through the procedure, and some auxiliary work. During this period, I seriously studied the criminal law and the criminal procedure law, and comprehensively deepened my legal knowledge, which played a great role in my work. The following is the specific internship work.
(A) to learn the specific provisions of the public prosecution procedure
When I first entered the internship unit, the leader introduced me to some basic information about the work of the public prosecution department and gave me some books on public prosecution for me to learn. Through careful study and understanding, I have a general understanding of the specific scope and content of public prosecution. At the same time, I realized my lack of knowledge and shallowness, and what I learned was too superficial.
(2) Handling of legal documents
During my internship, my work focused on the handling of legal documents and the binding and filing of files. Like an indictment. After a long period of work, I have a deeper understanding of these documents, and I am more familiar with the writing format and content points of these documents, which greatly enriched my legal knowledge and helped me a lot. In the process of document binding and filing, I learned something that I can't see in class. For example, after the procuratorate filed a public prosecution, how to sort out the relevant documents such as the public security bureau and the court? Should all kinds of documents and instruments be bound when filing? Under the guidance of the teacher of the procuratorate, I gradually mastered these problems.
(three) to assist the case handlers in handling related cases.
During my internship, I handled a case of accidental death with the prosecutor. In the process of handling cases, I deeply realized the gap between theoretical knowledge and real life. The legal professional knowledge learned in school is sometimes completely useless in the process of handling cases. The knowledge I have learned is too superficial to understand at all. I have benefited a lot from the practice of contacting the case-handling process and personally experiencing the application of legal knowledge.
Third, the application of professional knowledge in the practice process.
I majored in law at school, including a wide range of law, which can be said to be all-encompassing. Because of this, I can't deeply understand all kinds of legal knowledge and master these contents in essence in the process of learning. It is a good opportunity for me to turn theoretical knowledge into practical needs through internship. Seize this opportunity, I can combine theory with practice, thus raising my knowledge to a higher level.
The contents of my work in the Public Prosecution Section are basically related to criminal law, so I recharge my batteries in my spare time and study criminal law and criminal procedure law in depth. Through studying, I can be more confident and comfortable in my work.
First of all, in the process of sorting out cases and files, I paid attention to the formulation and specific content of the indictment and judgment. Combining these things with my knowledge of criminal law, I can judge the nature of the case and the verdict by myself, and then compare it with the file to find out my own shortcomings. In this way, I am more familiar with the provisions of the criminal law. Similarly, as a procedural law, criminal proceedings are even more indispensable. The formulation of various instruments must go through the procedures prescribed by law.
Secondly, because the files of the Public Prosecution Division are too complicated, simple criminal law knowledge can't cope with it at all, and other legal knowledge is essential. A case is sometimes judged by combining several laws, which is a great challenge to my theoretical knowledge. I kept consulting the teachers in the procuratorate, asking them to point out my working methods and secretly exchanging knowledge and experience with my classmates. After a long period of training, I have made great progress.
Finally, although there are many more types of documents in practice than in books, the basic format and content are still the same. I also practiced it during my internship, and I feel that it is also a very serious matter to formulate documents.
Four. Several problems found in practice.
Due to the complexity of public prosecution cases and the imperfection of China's system, there are many problems in dealing with related cases. Through my observation in the process of internship, I have the following specific points:
First of all: the follow-up work of the case has not been fully done. After the investigation, the relevant investigators did not put forward judicial suggestions in time and dealt with the related problems in the case, which was very unfavorable for future crime prevention.
Secondly: in the process of work, the means of using the current scientific and technological things are not perfect. Perhaps due to economic or other factors, prosecutors do not have many modern technology and equipment to use.
Finally, there are too many unnecessary procedures in the process of transferring cases between procuratorates, which delays the whole process for too long and affects the efficiency of handling cases.
In view of these problems, the procuratorial organs should put forward practical methods, which should not only meet the needs of prosecutors, but also be too wasteful. At the same time, it is necessary to increase the training and strengthening of prosecutors' legal quality, train them to master the application of new technologies, and improve the efficiency of handling cases.
Five: internship experience.
Through this internship, I really came into contact with the forefront of legal work, improved my cognitive level, understood many new truths and gained many new experiences.
(A) in the classroom must study hard theoretical knowledge, should understand that "books will never be read in vain" this truth. Now many students say that practice is not the same as thinking, what is said in the book is useless in practice, and reading is ineffective. From my practice, classroom knowledge is irreplaceable for grasping the direction of work as a whole and guiding some work. Strengthening the study of classroom knowledge is very important for work.
(2) Theoretical knowledge must be tested and recognized by practice before it can be combined with practice to better guide practical work. Although I have heard about the work of internship units in class, it is still very complicated to find the reality in practice, not to say that it can be solved by some framework theories alone. Participating in practice is very helpful for the study and deepening of theoretical knowledge.
(3) We must broaden our knowledge and improve our comprehensive quality. The cases contacted in this internship are all related to other sciences. In the process of handling a case, conduct an investigation. Evidence knowledge is extremely important. If you don't understand, you won't understand. Knowing the environment of the parties and other relevant knowledge that is helpful to the investigation of the case. Only by strengthening the cultivation of comprehensive skills and expanding the scope of knowledge can we effectively carry out practical work.
Six: End of internship
The ultimate goal of studying law is to face the masses, serve the masses, improve the social rule of law and govern the country according to law. Modern society is an open society, full of rules. It is very important for China to cultivate high-quality legal talents in order to connect with the world. Therefore, we should not only study hard the theoretical knowledge of law, but also have relevant practical experience. Through the mode of integrating theory with practice and integrating theory with practice, we can deepen our understanding, improve our legal literacy and lay a stable and good foundation for being a qualified legal worker.
extreme
This holiday, I studied in the Public Prosecution Section of the People's Procuratorate in my hometown.
As early as the first half of the freshman year, the law teacher encouraged us to go deep into the reality, go into the public security department and put ourselves in the other's shoes-maybe that's where we will stay with us in the future.
My hometown, a beautiful city. In the center of the city, there are three towering buildings, that is, the public security office building, which represents the rights of more than 800 thousand people in the county and truly safeguards the interests of the people. Because of the high terrain, you can see it from a distance. To outsiders, they are like three castles, always mysterious and respectable, but to me, they have another yearning. ...
When I first arrived at the procuratorate
On July 5th, I really came to the People's Procuratorate to study. Coming to this long-awaited place, standing at the door, I was a little excited by a sense of mystery. As soon as I entered the hall, the six gold-plated characters "public health, honesty and prosperity" came into view. The staff coming and going are all wearing uniforms and national emblems. It's really inappropriate for me to wear casual clothes. In this way, after the excitement, I am a little nervous.
I was assigned to the Public Prosecution Section. I was greeted by a section chief named Meng, an old man who was nearly sixty years old, full of energy and smiling. I affectionately call him "Uncle Meng". After a brief inquiry, section chief Meng introduced all the members of the Public Prosecution Section to me. Every one of them is very kind, not as "sad and serious" as I expected. Soon, I joined this "special group".
As a sophomore, I don't know much about criminal procedure law. Meng gave me a copy of Selected Laws and Regulations, which gave me a preliminary understanding of criminal proceedings. Criminal cases must first be investigated by public security organs. Article 89 of the Criminal Procedure Law stipulates: "Public security organs investigate criminal cases that have been put on file, and collect and obtain evidence of the criminal suspect's guilt or innocence, light crime or heavy crime. For active criminals or major suspects, they can be detained first, and for criminal suspects who meet the conditions for arrest, they should be arrested according to law. " Article 90 stipulates: "After investigation, the public security organ shall formulate a plan to verify the evidence collected and collected in cases where there is evidence to prove the facts of the crime." The main contents of investigation are: interrogation of criminal suspects; Questioning witnesses; An inquest or inspection; Search; Seizure of physical evidence and documentary evidence; Identification; Wanted, etc. After the investigation is completed, the public security organ shall write a prosecution opinion and transfer it to the public prosecution department of the people's procuratorate at the same level together with the case file evidence.
After receiving the prosecution opinion, the Public Prosecution Section of the Procuratorate shall make further investigation on "whether the facts and circumstances of the crime are clear, whether the evidence is true and sufficient, and whether the nature of the crime and the determination of the charges are correct" (Article 137 of the Criminal Procedure Law). "If the criminal facts of the criminal suspect have been ascertained and the evidence is really sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to prosecute and file a public prosecution with the people's court in accordance with the provisions on trial jurisdiction.
After the people's court has examined the public prosecution case filed by the people's procuratorate, "if the indictment contains clearly accused criminal facts and is accompanied by a list of evidence, a list of witnesses and a copy or photo of the main evidence, it shall decide to hold a hearing." (Article 150 of the Criminal Procedure Law) After a people's court makes a judgment or ruling on a case, it shall return the judgment to the procuratorate for examination. Judgments and rulings shall be executed after they become legally effective. And "the people's procuratorate shall supervise the legality of the activities of the execution organs to execute the punishment. If there is a violation of the law, it shall notify the executive organ to correct it. " .
Through the study, I have a preliminary understanding of the tasks and functions of the procuratorate. The procuratorate mainly plays the role of procuratorial supervision, which is the basis to ensure the truth and legality of the whole process of the case. As mentioned above, criminal cases should be handed over to the procuratorate after the public security organs file a case for investigation. The procuratorate needs to re-investigate all the files and confirm that there is no doubt before it can file a public prosecution with the court. After the court's decision is issued, it needs to be reviewed by the prosecutor. If there is any objection, the inspector has the right to protest. All these are completed by the public prosecution department of the procuratorate, which means that the public prosecution department is an important link connecting the public security organs and the courts. In addition, the people's procuratorate is also required to supervise the execution of punishment.
After understanding these basic situations, section chief Meng helped me get familiar with their specific work content. Almost every day, there are new cases sent by public security organs, "Notice of Appearing in Court" and "criminal judgment" issued by the court; The injured party came to inquire about the case; Finishing and binding documents ... the staff of the public prosecution department are very busy every day, but they always take some time to introduce and explain to me and let me experience it for myself. Under their careful guidance, I quickly mastered some basic information. I like these jobs very much, which not only exercise myself but also increase my knowledge. Among them, the court and detention center impressed me the most.
Two went to court.
After studying in the procuratorate for a few days, I followed them to the court. I have never been to the palace, and my mind is full of its solemnity and mystery. I was really nervous when I first stepped into court that day. The gate is wide, guarded by two huge marble lions, who walk by with their mouths open. They seem to hear the roar that resounds through the world. They protect people's rights, symbolize the majesty of the court, and can even deter criminals from committing crimes! Entering the main building, there is a huge relief, and a huge copper balance is set in the center, which also shows the fundamental will of the court. At this time, I changed from nervous to excited, and from excited to excited. I am glad that I am a Buddhist student and have the opportunity to come to this sacred place and feel the immersive area. ...
I often follow them in court sessions and know a little about the basic procedures of the court. The criminal court (hereinafter referred to as the criminal court) is generally composed of a presiding judge, two judges (or a judge and a people's juror), prosecutors of the procuratorate and defendants. The prosecution usually has two prosecutors, one of whom is in charge of recording. After the trial, the presiding judge first verified the identity of the defendant and announced the rights and obligations of the court members and the plaintiff in court. Followed by court investigation. The public prosecutor reads the indictment and stops giving evidence to the court; The third step is the court debate. The prosecution and the defense will discuss the doubtful points in this case; Finally, the presiding judge announced an adjournment. The case cannot be pronounced in court, so the verdict will not be issued for several days.
I really walked into the court and witnessed many cases, but I also saw the little-known side of the suspect, which was actually very touching. ...
I remember a 25-year-old young man who was arrested for repeated theft, robbery and looting. On the day of the court session, his parents sat in the gallery early, very quiet, but they couldn't hide the tension on their faces and looked up from time to time. When these young people were taken to court by bailiffs, they stood up, and their mother held their father's hand tightly. The old father is shaking all over. The young man looked up at his elderly parents, immediately lowered his head and turned around. During the trial, the young man had a good attitude. After the recess, the judge told him that the family had already paid 70 thousand and needed 30 thousand. When the young man heard this, he suddenly turned around and said, "Mom! Where did you get the money? ! "Mother choked:" Try to make it up, your daughter-in-law sold all the rings ... "The young man couldn't help it any longer, crying and saying to the judge:" Please don't let my mother pay back the 30,000! I'd rather live a few more years! My family really has no money, and my mother has a heart attack. It's all my fault that she can't stand the torture ... "His parents suddenly burst into tears ... On the way back, a prosecutor lamented:" What a dutiful son! If I had known, why should I do it now? " I didn't say anything. I thought these people were heinous villains with no humanity, but I didn't know they still had such filial piety. A few days later, the verdict was sent to the procuratorate, and he was punished for several crimes. He was sentenced to 19. "Let's be filial after coming out ..." I will think of the scene on the bailiff again. Maybe he used to be a wicked man, and his happiness was based on the suffering of others. My conscience was discovered only when I saw my parents who were physically and mentally haggard and white-haired for him in court.
Nowadays, crime tends to be younger. They have entered the society before they are fully mature. With their fierce strength and so-called buddy loyalty, they made a big mistake when their minds were hot. When they saw their parents in handcuffs and fetters again, they realized that there were people who were more painful than themselves-their closest relatives-and that their parents were the ones who hurt the most ... At this time, they were in tears and tried to wash away their crimes with tears of regret-but it was too late, waiting for them was a long prison life ... "Make a good reform, be a good person after coming out and repay your parents." I think.
3. Detention center experience
Going to the detention center for arraignment is also one of the work of the Public Prosecution Division. After the public security bureau sends the case to the procuratorate, the prosecutor will go to the detention center to interrogate the suspect again to verify the suspect's confession and guilty attitude.
This detention center is no ordinary place. I'm afraid no one in the world wants to go in and enjoy a "fairyland on earth". The first time I went, although I followed several prosecutors, I was still very nervous, and the word "terror" was added to my fear. There are four high walls, each with armed police patrolling back and forth; There is an iron gate in the middle, which is estimated to be 10 cm thick. Standing outside the door, it looked quiet, which made me even more afraid ... I finally got up the courage to walk into the door and came to the "big wall". The yard is very big, mostly vegetable gardens. There is only a small building in the deepest part of the yard, which is "wrapped" by dense barbed wire, and a sense of oppression comes quickly. There are more than a dozen people working in the vegetable garden, and others are looking after them. It must be the so-called "labor reform"!
People from the procuratorate need to fill out a "detention certificate" when they go to the detention center for interrogation. After the signature of the relevant personnel, the suspect will be taken to the interrogation room by the detention center, and the prosecutor will conduct interrogation. The prisoners in the detention center are wearing prison clothes, which have three different colors: green refers to the detainees; Orange represents the sentenced person; The yellow one is the person who will be tried by the court.
I went to the detention center several times and saw their life inside the big wall with my own eyes. "Very boring, no freedom." In this place, perhaps only birds are free. Once I went to arraignment with a prosecutor named Li (I called her Li Jie). She mentioned a woman suspected of fraud, who was in her forties. During the whole trial, she was full of regrets. She says from time to time that she is really just confused. In order to support her family ... I have a look at her data: five children, some are in high school, and the youngest is only four years old. Finally, she suddenly stood up, but said carefully, "Please, can you lend me your mobile phone?"? I want to call my children. There are five children in my family ... "Sister Li asked," Isn't there a phone in the detention center? " "Yes, it's easy not to let us use it. Alas, someone is in charge ... "Then she begged us. Helpless, Sister Li said, "We didn't bring our mobile phones, and we also have regulations ..."
On another occasion, a 20-year-old young man was arrested on suspicion of causing trouble. During the trial, the young man said angrily, "It is better to be outside. I really didn't realize ... this place is really free. Suffocating ... I will never come in again ... "
You can hear similar words almost every time you are arraigned. Looking at their helpless expressions and eyes longing for freedom ... I can't help reminding myself again and again: cherish a good life, cherish youth and cherish life. ...
"A journey of a thousand miles begins with a single step", and more than a month of rich and short study passed quickly. This is an important experience and an important step in my life. It taught me a lot of knowledge that books can't learn, and saw many situations that ordinary people can't see. On the other hand, I learned about the warmth and coldness of the world and felt that kind of special affection. Let me have a new understanding of the public security law, no longer have a sense of mystery, but more yearning ... I have benefited a lot from more than one month's study. Is one of my special teachers, who taught me the truth of being a man with reality; Another bright light, illuminating my way forward!