Let me briefly introduce what I learned during my internship.
First of all, check the case file, check the judgment and write some enforcement notices. When I first arrived at the court, Mr. Chen gave me some files, as well as some closed indictments and judgments. I summarized these cases. Because the city people's court belongs to the grass-roots court, it mainly tries some simple criminal cases that are harmless and may not be sentenced to life imprisonment or death penalty.
For example, theft, job occupation, fraud, drug trafficking, illegal medical practice, intentional injury, robbery and so on, so theft accounts for a large proportion, followed by drug trafficking and fraud. Through these files, I also found that the amount of theft in theft cases is generally relatively small, the case is relatively simple, and the evidence is relatively sufficient, so summary procedures are often applied, and the penalties imposed are mostly criminal detention, as well as fines or single fines; In the case of intentional injury causing minor injuries, since it was a private prosecution case, Mr. Xing mostly closed the case by mediation, and the incidental civil part of the criminal incidental civil case was also closed by mediation, and both parties were satisfied in the end.
In addition, Mr. Chen also taught me to write enforcement notices, such as those for fixed-term imprisonment, criminal detention and probation. These notices are all in quadruplicate, one sent to the detention center or stub, one filed, one receipt and one sent to the criminal. If the remaining sentence of a prisoner is more than one year, it is necessary to write another notice of execution, but it is different from the former. Because all the refereeing documents are online now, Mr. Chen taught me how to write the online refereeing document approval form and the closing registration form.
Knowing how the case was decided, Mr. Chen began to teach me to sort out the file and consult the information on the judgment.
For each case, the file filed by the court includes three volumes, two of which are positive volumes: one is the court trial volume, which belongs to the first volume; One is the filing and evidence volume of the procuratorate, which belongs to the second volume; The supplementary volume is the internal document volume of the court's judgment and belongs to the third volume. And we mainly sort out the first volume and the third volume.
These two volumes should be in accordance with? The directory in the lawsuit file? For example, firstly, it is the indictment (private prosecution) and its attachments, the record of serving the indictment, the materials for hiring and appointing entrusted defenders, the investigation record or the investigation and evidence collection materials, and the pre-trial preparation documents such as notices and announcements, followed by the trial record, indictment, defense, witness testimony and statements, original judgment, judgment, incidental civil mediation, sentencing record and other trial documents.
Seemingly simple, it actually involves a lot of legal knowledge, especially criminal evidence and procedures, as well as the constitutive requirements of criminal charges. The successful completion of these tasks is a skillful application of basic knowledge and a test of my basic knowledge.
As an intern, I always like to sit in on cases. This made me see the concrete application of summary procedure in case trial for the first time. These cases are simple, the facts are clear, the evidence is sufficient, and there is little controversy. Moreover, the district court belongs to the grass-roots court and meets the applicable conditions of summary procedure. During the whole trial, the trial time was very short, giving people the impression that the trial was just a formality, and the judge had reached a conclusion on how to decide the case. However, I feel that judges in grass-roots courts have a heavy task and receive new cases every day, and applying summary procedure will save us judges a lot of time to try those complicated cases, and it is unnecessary to take some useless steps, which will only waste manpower and financial resources. Through the trial of these criminal cases applying summary procedure, I can see that although the trial time is very short, the necessary procedures are very complete and the court has good control in this regard.
On the other hand, I think there are still some defects in the court trial system and the trial environment needs to be further improved. In addition, generally speaking, if a case is tried by summary procedure, the public prosecutor may not attend to support the public prosecution, and this link will be changed to a single judge to read the indictment on his behalf. In the ordinary procedure, it is read by the prosecutor. The strict requirement is to read the indictment from beginning to end. But in practice, in order to save the trial time, the general presiding judge will ask the public prosecutor to read it directly? After examination and verification according to law? The second half of the indictment, that is, the first half, was omitted because it was used to check the identity of the defendant.
After the public prosecutor has read it out, the judge will ask the defendant and the defender for their opinions on the facts of the prosecution and make a statement. Usually, the defendant and the defender will not have opinions on the facts, but will make some statements. In practice, some defendants like to disturb the thinking of the on-site judge, and many problems will be involved in the statement. This requires the presiding judge to distinguish the core by himself, stop the defendant from expanding at will, and at the same time, pay attention not to interrupt rudely, so that the defendant's right to make a statement is infringed.
Finally, I want to talk about a case that I overheard in 1 month, involving minors obstructing official duties. As the on-the-spot meeting of the juvenile trial observation and juvenile trial work of the city's courts was held in the Erqi District Court, the case was tried in public as an observation case. Although this trial is the first in the provincial court system? Dialogue? The way of trial, and try to use the way of conversation, use the language consistent with the experience, education and living environment of minors, conduct court investigation and court education, but I think it is always a case involving juvenile delinquency. A public trial with a large number of spectators and many news media reports will cause great psychological harm to two defendants who are only middle school students, and will also have a great shadow on their young hearts and affect their lives.
Moreover, in the future, it is likely to be discriminated against and rejected by people in society, unable to really return to society, and finally choose to give up on themselves. In addition, although the Criminal Procedure Law stipulates that minors between the ages of 16 and 18 may not be tried in public, that is, they may be tried in public. But I think the nature of the case is not too bad and the harm is not great. The trial should not be held in public, at least the media should not be allowed to report publicly and take photos on the spot. The two minor defendants broke the law because they were young and ignorant, which was also caused by the lack of legal publicity in China.
In addition, during my internship, I often discussed some cases and legal theoretical knowledge with Mr. Xing Yan, such as the identification of escaping after a traffic accident, the definition of surrender and confession, and the application of residential surveillance in practice. Because both the Criminal Procedure Law and relevant legal interpretations state that residential surveillance cannot be used to offset the prison term, the public and procuratorial organs will make the suspect confess or confess on the condition that residential surveillance can be used to offset the prison term as soon as possible, so it will be stated in the indictment and judgment? Residential surveillance (restriction of personal freedom)? In that case. I think this is very good and easy to operate, and it is also conducive to quickly detecting cases and maintaining social order and the interests of victims. At the same time, it also reduces the punishment for criminals in disguise and gives them a chance to repent and turn over a new leaf and return to society as soon as possible.
In addition, I also found that a major feature of the court trial work in our province now is? Round table trial? . This demo mode emphasizes the atmosphere? And then what? It gives a cordial feeling to the parties, also embodies the humanization of the judge, eliminates the estrangement and opposition between the parties to the maximum extent, narrows the emotional distance between the parties and the judge, and facilitates the communication between the parties, and also facilitates the communication between the judge and the parties, and then mediates. Work needs innovation, but you can't just change the rules. ? Round table trial? Although it has great advantages, this advantage is more reflected in cases where summary procedures are applied in civil courts and criminal courts.
The cases in which ordinary procedures are applied in criminal courts are mostly cases with bad nature and complicated cases. If they're still using it? Round table? This way can not reflect the authority of court trial and the deterrent and seriousness of law. In addition, this model is not conducive to the public to see the faces of the parties or criminal suspects and judges. So, how to apply it? Round table trial? The focus of this model is to clarify its scope of application, and to clarify what types of cases are applicable and what types of cases are not applicable. In this regard, I think further exploration and summary are needed. The above is the main content of my study and my own experience during my internship.
In a word, this internship is an indispensable and important experience in my college life, and its gains and significance can be seen: First, I can apply what I have learned to practical work. Theory and practice are inseparable. In practice, my knowledge has been consolidated and my ability to solve problems has been tempered. Secondly, this internship broadened my horizons, let me understand the operation of law in practice, and further master French; In addition, I also made many judges, who provided a good environment and careful guidance for my internship. While guiding my theoretical study, they also taught me a lot about being a man. Of course, through this internship, I also found some problems: First, the theory I learned at school.
There is still a certain gap between knowledge and practical work needs; Secondly, people's legal awareness is not strong, they can't effectively use legal means to safeguard their legitimate rights and interests, or they don't know the law, and they don't know that their actions have sometimes violated the law and even constituted a crime. Therefore, it is necessary to publicize the law among the people. Are you online? Governing the country according to law? Under the guidance of the policy, China's legal system construction will be more reasonable and perfect, and it will also provide a better legal environment for China's economic construction. Here, I would like to thank the urban people's court for providing me with an internship place and helping me in the internship process, so that I can learn a lot of knowledge that books can't. Thank you!
On the one hand, law is a system of rules, on the other hand, it is a system of meaning. Without understanding the meaning system, the law may become worthless? Craft? ; On the other hand, ignorance of the rule system naturally makes it difficult to grasp the mystery of the meaning system. The essence of legal practice is to combine the rule system with the meaning system and realize it? How to die? With what? Living method? Interaction. ? I have a bad voice and can't sing high notes? But I think the mission of a legal person is not to stay in the study behind closed doors, but to contribute to the realization of the rule of law in China.
Although the judicial prospect in reality may not be optimistic, it should not be a reason for us to doubt and not believe in the rule of law. As Su Li said, we should always have confidence in this. The future is not far away. Isn't this moment the future we've been looking forward to? .
Is today not better than yesterday? Isn't today's legal system more perfect than in the past? Under the guidance of this concept, I think our internship is more meaningful and valuable. Otherwise, before the internship, we left with longing and admiration for the court and the law. After the internship, we were lost and returned to the pessimistic well. Sit in the well and watch the sky? .
Although I have a lot of disappointments in law firms and courts, and I feel that the law is often helpless, I always feel that it is better to have laws than nothing, and good laws are better than bad laws. Although law can't conquer the world, it is still a good means to solve disputes for ordinary people. Didn't Plato go through such a cognitive process? In his early years, he thought that the king of philosophy was the best way to govern the country, but in the end he had to admit that the rule of law was not the best, but he still had to do it as a last resort and was a better means of governance.
Last semester, I worked as an intern in xx law firm, and I had the honor to know Mr. X. I not only got his care and guidance, but also established a deep teacher-student relationship with him, which also gave birth to my second tutor, lawyer Hu xx. Teacher X is like a strict father. He is extremely serious and responsible. The most interesting thing is that he sometimes asks me to add a poetic title when drafting proxy words, and I write it? Don't let the dark clouds cover your eyes? 、? Can't we wait for the flowers to come to nothing? Waiting for surrogacy, sometimes at first I even think he's a little? Unreasonable? I don't think it's necessary to take some things so seriously, but gradually I like them, from inadvertently to gradually being taken? Format? Now, if every legal document I write still has its own distinctive personal style, then I think the formation of this personal style can not be separated from the strict teaching of Teacher X, and of course it can not be separated from the subtle influence of Teacher xx's writing style and logical thinking.
During Mr. X's internship, I drafted hundreds of legal documents, and also had the opportunity to appear in court with him or as a citizen's agent alone. These experiences gave me a preliminary practical foundation, gave me my own perspective, and gave me legislative thinking in writing legal documents, enabling me to demonstrate a problem from multiple angles. This kind of thinking has also been brought to the writing process of my thesis, and I published the Legal Application and Legislative Choice of Personnel Assurance and the System of Obtaining Stolen Goods in Good Faith.
After practicing in law firms and courts, I also feel that lawyers and judges have obvious differences in thinking, that is, lawyers take? Colored glasses? , even many times? Talking to yourself? Unlike a judge, a judge is a lawsuit? Seesaw? The central axis should remain neutral, otherwise the balance between the two parties will be out of balance, leading to social instability.
During my internship in No.1 Intermediate People's Court, the biggest gain was knowing my third tutor, Sister Jia Ke, who is a female judge I admire very much. She is beautiful, generous, intellectual and temperamental. She not only influenced me in legal thinking, but also guided me in dealing with people and how to survive in courts and other institutions. I know she treats me not only as a passing intern, but as a younger brother. I am deeply worried about this.
My mother taught me since I was a child: You are not afraid that others will be bad to you, but you are afraid that others will be good to you. You can laugh at others for being bad to you, but remember that others are good to you all your life. From this, I also regard her as my sister. When the progress of the project is tight, when she is in poor health, I am willing to take the initiative to help her do something that I can. Of course, it also gives me another chance to study and exercise. Ke Jie has a good legal thinking. Every time I discuss a problem with her, I feel refreshed. I don't think I can learn this at school. Moreover, her writing is concise and lively, and there is no unnecessary nonsense like teacher xx, which also benefits me a lot. At the same time, when Ke Jie explained my case trial report, I unconsciously put my prose.
Cultural style has mixed with my personal feelings (although I always feel that it is not necessary to write the court decision coldly, but it can be written vividly), but I think this is caused by the youth of my student days. What songs should I sing when I go to any mountain? When you arrive at the court's site, you should write official documents according to the court's style of writing, not lyric prose or something.
Of course, both in theory and practice, I have to thank my mentor, Mr. xx. She is the bridge and link between me and Mr. X and Mr. xx. He is strict and gentle, strict and loving. His beautiful writing and serious and responsible attitude deeply influenced me. Remember the nine words that Teacher xx taught me at the moment? More proactive, more meticulous and more serious? , plus three words that are often said later? More sunshine? Although these twelve words are short, they are extremely rich in content. I think the rules of dealing with people can be embedded in these twelve words. In short, my practical trip would like to thank the three teachers for their inculcation and careful cultivation. Their resolute work style and meticulous work attitude have deeply influenced me, so that I can avoid detours in my future study and work. I sincerely thank them again!
Although this internship is only a short trip on the pilgrimage of knowledge, it may become the most important step in my life, because it has greatly changed my thinking, broadened my horizons and made me pay more attention to the combination of theory and practice in the future. Theory is the source and practice is the flow. Without the guidance of theory, practice will be full of thorns and make people unable to move. Without practice, the popularization of theory will be a stagnant pool without any vitality.
3000-word model essay internship report for college students majoring in law In the last summer vacation of Sanku University, I went to the district procuratorate for an internship, and the time was from XX to XX. During my internship, I tried to put the theoretical knowledge I learned in school into practice and try to combine theory with practice. During the internship, I can abide by the work discipline, not be late, not leave early, and conscientiously complete the work assigned by the leaders and prosecutors, which won the unanimous praise of the hospital leaders and all prosecutors, but also found many shortcomings of myself.
In this internship, the main position is the procuratorial department, so the main internship subjects are criminal law and criminal procedure law, and some other private law subjects are also involved. During my internship, I participated in the trial of several cases, carefully studied the proper and standardized judicial procedures, really moved from textbooks to reality, from abstract theory to colorful real life, learned in detail about the whole process of public prosecution and all aspects of trial, carefully observed the whole process of giving evidence and debating by some lawyers, and mastered the application and scope of some laws. Follow the police to ask questions, verify the facts of the crime, and ask about the psychology and motivation of the crime. Really understand and be familiar with the public prosecution procedure and the role and function of the court in China, and at the same time cooperate with the public prosecutor to do a good job in the investigation record and trial record of the case, and do a good job in the binding and filing of the case file.
During my internship, I took advantage of this rare opportunity to work hard, be strict with myself, consult leaders and prosecutors with an open mind, seriously study political theory, policies of the party and the state, study laws and regulations, and use my spare time to seriously study some related knowledge beyond the contents of textbooks, master some basic legal skills, further consolidate what I have learned, and lay the foundation for truly going to work in the future.
? What you get on paper is so shallow that you never know what you have to do. ? During my short internship, I deeply felt my shallow knowledge and lack of professional knowledge in practical application. At first, I felt at a loss about some jobs, which made me feel very sad. At school, I always thought I was doing well. Once I came into contact with reality, I realized how much I knew. And then I really realized? There is no end to learning? Meaning of. This may be my feeling alone. However, one thing is clear, that is, there is indeed a gap between our legal education and practice.
Law is a very practical subject, which needs the guidance of theory, but the development of law is completed in practice. Therefore, our legal education should be combined with practice, and adopt a school-running mode of combining theory with practice, that is, properly handle? Three relationships? That is, the relationship between classroom education and social practice, with classroom as the theme and deepening theory through practice; The relationship between summer practice and peacetime practice, with summer practice as the main time period; The relationship between the breadth and depth of social practice, and strive to promote the content and scale of practice simultaneously.
During my internship, I also found it very important to popularize the law. Our government has made great achievements in legal education activities for many years, which has promoted the construction of the rule of law. People's legal concept and legal consciousness have been greatly improved. However, there are still some shortcomings in the depth and breadth of law popularization. For example, sometimes, people know some legal provisions, but they don't know how to apply them, so that they violate the law; Sometimes people don't understand the provisions of two or more different laws on the same issue and don't know which law to apply. There is a case like this. The defendant used to be an accountant in a village, but later he was reelected and lost, so he needed to hand in some accounting books and vouchers. However, he always thought that the Accounting Law stipulated that accounts should be paid after liquidation, so he insisted on not paying them, and was also arrested for hiding accounting books and accounting vouchers. This case shows that our legal popularization activities should not only stay on the surface, but also go deep into reality and really let people know the significance of laws and regulations. And on this basis, gradually establish people's belief in the law and establish the sacred status of the law. Only in this way can there be hope for the rule of law.
Another problem is juvenile delinquency. In the cases contacted in the internship, a large part of the defendants were born after 1980s, and even two defendants who committed robbery were born in 1987. Regardless of the defendant's family and his own factors, from the social environment, I think society also has certain responsibilities. From the beginning of the reform in the early 1980s to the end of the 1980s, it was a period of great change. During this period, the construction of spiritual civilization has been relaxed, that is to say, some criminals may have contracted some bad habits in their childhood. Therefore, education should start with dolls, not just a slogan, but really be implemented.
? A journey of a thousand miles begins with a single step? This short and substantial internship in the past month has played a bridge role for me to go to society. Transitional role is an important experience and step in my life, and it will also be of great help to my future work. Some basic principles of being a man, such as asking for advice with an open mind, observing organizational discipline and unit rules and regulations, and communicating with people in a civilized way, should be conscientiously implemented in real life and good habits should be cultivated constantly in real life. During this period, most of the experience and knowledge I learned came from the guidance of leaders and police, which is a valuable asset in my life.
This internship also made me deeply understand that it is very important to maintain good relations with colleagues at work. To do things, we must first learn to be a man, understand the truth of being a man, and how to get along with others is the most basic problem in modern society. For a person who is about to enter the society, there are many things to learn, and he is the best teacher, as the saying goes? A threesome must have a teacher? We can learn a lot from them.
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. Higher legal education plays an important role in promoting the process of governing the country according to law. It will cultivate professional and skilled talents with certain basic theoretical knowledge, strong technical application ability and high quality, and play an important role in society. 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, the cultivation of talents should face reality, society and the world. Law education itself is very practical, and it is feasible to adopt the mode of integrating theory with practice and theory with practice. University law schools should establish good relations with public security, procuratorial work, law and law firms, arrange students' probation regularly, so that students can better digest what they have learned, cultivate students' interest in law, avoid the phenomenon of arrogance after graduation, and deliver comprehensive, qualified and excellent high-quality legal talents to the society.