The clerk of the people's court refers to the auxiliary personnel who undertake the trial records and handle other affairs of organ trials in people's courts at all levels and special people's courts in China according to law.

The position of the clerk in the work of the people's court is stipulated by law. China's people's court organization law, criminal procedure law, civil procedure law and other related laws also make specific provisions on the status and tasks of clerks. According to these laws, the clerks of the people's courts have statutory duties, participate in the whole process of handling cases according to law, perform statutory duties, complete statutory tasks and give full play to their due functions. Therefore, as a court professional, the clerk is essential in the trial work of people's courts at all levels.

From the perspective of workflow, shop assistants are both dependent and independent. In the process of hearing a specific case, the clerk must obey the judge's command and do a good job in writing records, file arrangement, evidence preservation and judicial statistics under the guidance of the judge, so the clerk is the non-core personnel of the court. However, within the scope of duties, the clerk is not absolutely dependent, but independently carries out judicial assistance work, and can make comments and suggestions on the specific work of the judge in the process of handling cases. It can be seen that the work of the clerk is relatively independent, and the tacit cooperation between the clerk and the judge is also the most important in the process of litigation.

The role of the clerk in the work of the people's court is determined by the task of the clerk. Clerk's work is an indispensable part of the people's court's business work. Its level greatly affects the level of trial work.

Clerk's work is an important aspect of hearing all kinds of cases.

In every case, a lot of work needs to be done by the clerk in the whole litigation activity from filing to closing, and a lot of work done by the judge in the process of handling cases also needs to rely on the assistance of the clerk to turn it into tangible materials through recording work, thus reflecting the whole process of litigation activities. Therefore, in a sense, without the work of the clerk, there would be no trial activities.

Clerk's work is the foundation and basis for making judicial documents.

Judicial documents are the concentrated reflection of judicial activities, the conclusions and written documents of judicial activities. The basis and basis of its production are interrogation transcripts, on-site inspection transcripts and other transcripts formed by judges and clerks in the process of handling cases. According to the actual situation of handling a case, making a good record is the main task that the clerk must complete. If the transcript is untrue and inaccurate, it will affect the quality of litigation documents.

The quality of the clerk's work is directly related to the quality of the case.

The work of a clerk is an important condition to determine whether a case can stand the test of history.

All kinds of trial files made, sorted and bound by the clerk are mostly historical files that are permanently preserved or need to be preserved for a long time. These files are the summary of the court's own work, especially the retrial and review of cases.

Therefore, the clerk's work is an important part of the trial work, and it is also a highly professional judicial work. The participation of clerks is the embodiment of the legitimacy of trial activities, and the transcripts made are even more important documents. Accurate and complete transcripts can provide a written basis for the court to finalize the case, and it is an important duty of the clerk to do a good job of recording carefully and responsibly. A written record is a written record that reflects the objective and true situation with written records.

It is one of the powerful evidences for a judge to judge a case fairly, and it is a true record of the whole trial process. The record runs through every link of the whole litigation process, which is not only a record and reflection of the trial activities, but also a concrete embodiment of the people's court's judicial power.

It can not only reflect the judge's trial level,

It can also reflect the comprehensive quality of the clerk, and it can be said that the position and role of the clerk in the lawsuit is very important. Therefore, strengthening the quality training of clerks, improving the level of making transcripts and improving the ability of judicial execution are the inevitable requirements for improving judicial ability, standardizing judicial behavior and promoting judicial justice.

In order to make a qualified transcript, a clerk should meet the following conditions:

Be responsible. The report card work is very hard, so you should have the spirit of suffering. Loving this job is the premise of making a good record, and a high sense of responsibility is the guarantee of making a good record. As clerks, we should always think that our records are an important carrier of the rights and obligations of both parties, which will be tested by history and must not be sloppy.

Master basic legal knowledge. To record the trial of a case truthfully, we must master the relevant legal professional knowledge, be familiar with the trial business and know how to handle the case. Judges often refer to relevant legal provisions when trying cases.

If you are not familiar with this, you will inevitably make mistakes when recording.

Familiar with the basic situation of the case. The clerk must read the records before the court session and be familiar with the case. If the case is complicated and involves a large number of people, it is necessary to make some summaries, and first find out the technical terms, nouns, numbers, dialects, names, place names, unusual things and new words involved in the case, so as to be aware of them. Before the trial, you should also be familiar with the characteristics of the participants in the proceedings, such as accent, speech speed, expression ability, etc., and you should also properly understand the defendant's opinions on the complaint and the main points of defense.

Understand the judge's trial method. For more complicated cases, before the trial, we should communicate with the judge about the trial, understand the trial ideas, grasp the key points of the judge's questions, and understand the purpose of each question in combination with the case, so as to grasp the key points of the trial question and answer. In addition, you can consult with the judge. During interrogation, if you ask complicated and important facts or encounter the situation that the accent of the parties is unclear, you can suggest that the judge repeat the questions or let the parties and defenders repeat them in order to make a complete record.

It is necessary to strengthen the cultivation of writing and improve the ability of generalization. Recording is also a science, so you should keep the original intention in recording, and don't choose it at will according to your personal preference. On this basis, the language is concise, the arts and sciences are fluent, and the records are accurate. The clerk should have the ability to distinguish the key points of the case and refine the summary. When recording, try to record according to the original words. The general plot and repetition can be summarized without losing the original intention, and the text should be refined. In addition, the clerk should be widely literate, use words, words and sentences accurately and regularly, conform to the stylistic characteristics of legal language, keep the narrative angle consistent, pay attention to reasonable word order and correct use of punctuation marks, and ensure the authenticity and objectivity of the transcript. Of course, writing should also be clean and tidy, avoid clerical errors, and strive for neat and beautiful handwriting.

In short, as the basic work of the trial, the record should be accurate, complete, clear and concise. Among them, accuracy is the most important, and it must comprehensively and truly reflect all the activities of the trial. Only when the records are properly recorded, clear and appropriate, can the judges check the papers and make decisions. No matter how many years have passed, it is like the reappearance of the trial process, which makes people quickly enter the plot. Such a transcript is not only a simple trial record, but also a historical verification.

To sum up, I think a qualified clerk should have high quality, rigorous attitude, solid foundation and tacit cooperation spirit.