My internship was arranged by Central South University Law School and Yuelu District People's Court. Through practice, I have gained practical work experience in professional fields, and consolidated and tested the knowledge level of undergraduate study in recent years. During my internship, I learned about the whole process of a large number 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 further studied the relevant legal knowledge, got a deeper understanding of the filing procedure, and paid attention to organically combining the theory with practice. At the end of the internship, my work was fully affirmed and highly praised by the internship unit.
During my internship, I conducted in-depth research on the following cases, participated in the process of filing some cases, and put forward some opinions:
One: 73 households sued the Municipal Planning Bureau for violating their rights of lighting, sunshine and ventilation.
1: Case source
The 73 plaintiffs believed that the "Yada Cyberport" planned by the Municipal Planning Bureau seriously violated the mandatory national standard GB50 180-93 from the construction area to the distance from the residential buildings, and violated the specific technical provisions of the Measures for the Administration of Urban Planning in Changsha, that is, the Technical Provisions for the Administration of Urban Planning in Changsha, and there were significant security risks in its access and fire safety. After many attempts to coordinate with the government, they filed a lawsuit with the court.
2. The main debate focus of this case
The defendant, Changsha Planning Management Department, believed that the planning permission of Yada Cyberport was approved and issued after strict planning, and the opinions of relevant functional departments were extensively solicited and issued in strict accordance with the prescribed procedures. The distance between Yada Cyberport and the buildings inhabited by residents in the north side conforms to the mandatory national standard GB50 180-93 and the Measures for the Administration of Urban Planning of Changsha, and does not harm the legitimate rights and interests of the plaintiff. Moreover, the Planning Administration has provided relevant evidence to prove that the "Yada Cyberport" is not applicable to the "Changsha City Planning Management Technical Regulations".
3. The result of the original judgment
After many collegiate sessions, the collegial panel made a judgment: the planning permission was decided and the litigation request was rejected.
This case is an administrative case, and the popular point is the people's accusation. Through the trial of this case, I think it is very difficult to win the administrative litigation in China at this stage. If the plaintiff in the administrative case of the People's Procuratorate wins the case, the media will vigorously report it and take it as an example. In fact, this is a big misunderstanding, and such a phenomenon should not exist in a society ruled by law. If a specific act of an administrative organ is illegal, it shall bear relevant responsibilities. It is difficult for plaintiffs in administrative litigation in China to win the case, mainly because justice and administration are not completely distinguished, restricted and implicated. Power is greater than law, and policy is higher than law. That's why this is happening. In this case, I think the court is more or less influenced by the administration: although the court is a judicial organ, its office building land and dormitory land must be approved by the Planning Bureau.
Two: several criminal cases tried by summary procedure.
This is the first time I have seen the concrete application of summary procedure in case trial. These cases have clear facts, sufficient evidence and little controversy. Yuelu District Court is also a grass-roots court, which meets the conditions of summary procedure. In the whole trial process, the trial time limit is very short, and it feels that the trial is just a formality, and the judge has reached a conclusion on how to judge this case.
Through the trial of these criminal cases that are subject to summary procedure, I can see that although the trial time limit is short, the necessary procedures are very complete and the court has a 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 can be improved.
Three. Citizen's Collection of Waste Products v. Administrative Inaction of Yuelu District Branch of Changsha Public Security Bureau
The origin of this case: In 2002, when the plaintiff was cleaning up the waste products purchased from Central South University, his right palm was blown up by a detonator mixed with the waste products, and his right leg and chest were injured by the detonator, which was signed as a fourth-grade disability. After the incident, he handed over the remaining detonators to the defendant Yuelu District Bureau of Changsha Public Security Bureau, asking him to find out the source of detonators. The defendant said that the source of detonators could not be found. The plaintiff then brought a lawsuit to the court, asking the defendant to give the plaintiff a clear written conclusion on the source of the detonator.
& ampn
First of all, I want to thank all the staff of Yuelu District People's Court and my teachers for their help and guidance in my internship, and thank you for your help and efforts in my smooth internship.
My internship was arranged by Central South University Law School and Yuelu District People's Court. Through practice, I have gained practical work experience in professional fields, and consolidated and tested the knowledge level of undergraduate study in recent years. During my internship, I learned about the whole process of a large number 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 further studied the relevant legal knowledge, got a deeper understanding of the filing procedure, and paid attention to organically combining the theory with practice. At the end of the internship, my work was fully affirmed and highly praised by the internship unit.
During my internship, I conducted in-depth research on the following cases, participated in the process of filing some cases, and put forward some opinions:
One: 73 households sued the Municipal Planning Bureau for violating their rights of lighting, sunshine and ventilation.
1: Case source
The 73 plaintiffs believed that the "Yada Cyberport" planned by the Municipal Planning Bureau seriously violated the mandatory national standard GB50 180-93 from the construction area to the distance from the residential buildings, and violated the specific technical provisions of the Measures for the Administration of Urban Planning in Changsha, that is, the Technical Provisions for the Administration of Urban Planning in Changsha, and there were significant security risks in its access and fire safety. After many attempts to coordinate with the government, they filed a lawsuit with the court.
2. The main debate focus of this case
The defendant, Changsha Planning Management Department, believed that the planning permission of Yada Cyberport was approved and issued after strict planning, and the opinions of relevant functional departments were extensively solicited and issued in strict accordance with the prescribed procedures. The distance between Yada Cyberport and the buildings inhabited by residents in the north side conforms to the mandatory national standard GB50 180-93 and the Measures for the Administration of Urban Planning of Changsha, and does not harm the legitimate rights and interests of the plaintiff. Moreover, the Planning Administration has provided relevant evidence to prove that the "Yada Cyberport" is not applicable to the "Changsha City Planning Management Technical Regulations".
3. The result of the original judgment
After many collegiate sessions, the collegial panel made a judgment: the planning permission was decided and the litigation request was rejected.
This case is an administrative case, and the popular point is the people's accusation. Through the trial of this case, I think it is very difficult to win the administrative litigation in China at this stage. If the plaintiff in the administrative case of the People's Procuratorate wins the case, the media will vigorously report it and take it as an example. In fact, this is a big misunderstanding, and such a phenomenon should not exist in a society ruled by law. If a specific act of an administrative organ is illegal, it shall bear relevant responsibilities. It is difficult for plaintiffs in administrative litigation in China to win the case, mainly because justice and administration are not completely distinguished, restricted and implicated. Power is greater than law, and policy is higher than law. That's why this is happening. In this case, I think the court is more or less influenced by the administration: although the court is a judicial organ, its office building land and dormitory land must be approved by the Planning Bureau.
Two: several criminal cases tried by summary procedure.
This is the first time I have seen the concrete application of summary procedure in case trial. These cases have clear facts, sufficient evidence and little controversy. Yuelu District Court is also a grass-roots court, which meets the conditions of summary procedure. In the whole trial process, the trial time limit is very short, and it feels that the trial is just a formality, and the judge has reached a conclusion on how to judge this case.
Through the trial of these criminal cases that are subject to summary procedure, I can see that although the trial time limit is short, the necessary procedures are very complete and the court has a 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 can be improved.
Three. Citizen's Collection of Waste Products v. Administrative Inaction of Yuelu District Branch of Changsha Public Security Bureau
The origin of this case: In 2002, when the plaintiff was cleaning up the waste products purchased from Central South University, his right palm was blown up by a detonator mixed with the waste products, and his right leg and chest were injured by the detonator, which was signed as a fourth-grade disability. After the incident, he handed over the remaining detonators to the defendant Yuelu District Bureau of Changsha Public Security Bureau, asking him to find out the source of detonators. The defendant said that the source of detonators could not be found. The plaintiff then brought a lawsuit to the court, asking the defendant to give the plaintiff a clear written conclusion on the source of the detonator.
As the case has not yet been concluded, it is impossible to know how the court will pronounce the sentence. In this case, through the understanding of the plaintiff's educational background and cultural level, I have many feelings: On the surface, the plaintiff is a person who collects waste products for a living, and his education level is not high, but he knows how to protect his rights and interests with legal weapons, which shows that the legal awareness of China citizens is constantly strengthening, and the concept of rule of law is gradually rooted in the hearts of the people. But from a deeper perspective: on the one hand, it is precisely because the plaintiff's cultural level is not high that he can't better use legal weapons to safeguard his rights and interests-he doesn't know how to entrust an agent, how to collect evidence beneficial to him and show it to the collegial panel, and he doesn't even know that the behavior of the Public Security Bureau is legally called "administrative inaction"; On the other hand, the behavior of the Public Security Bureau has obviously constituted administrative inaction, because defending local public security is the most basic administrative function of the public security system. For dangerous goods that seriously endanger the personal safety of citizens, such as detonators, even if the plaintiff does not make a request, the defendant should seriously find out their sources and eliminate potential safety hazards. From this case, I can see that China's legal popularization work has a long way to go, and at the same time I deeply feel the importance of emphasizing the service function in the report of the 16th National Congress.
Four: A case of bigamy
In this case, the defendant married another married woman by fraud. The plaintiff sued her for bigamy. Through this case, I can't help thinking of the newly implemented Marriage Registration Ordinance. The new Marriage Registration Ordinance not only simplifies the marriage registration procedure and brings convenience to people, but also increases the risk of marriage to a certain extent, and a series of problems follow. Who should bear the risk of marriage, the government or the individual? How can individuals protect themselves in the risk of marriage? How can the government strengthen management and reduce the risk of marriage? I think these problems should be considered by legal workers and administrative workers after the introduction of new reform regulations.
During my internship, I learned a lot from other cases. In the nearly one-month internship, I have basically mastered the specific operational details of file sorting, cleaning, classification and sealing. In practice, some judicial documents are written, such as execution notice, closing registration form, pledge exchange card, appeal, court announcement, pledge ticket, summons, etc. , merged; Further consolidated some specific knowledge of judicial procedures, such as summary procedures and ordinary procedures in criminal cases and administrative cases.
This internship is an indispensable and important experience in my college life, and its gains and significance can be seen. Through practice, I applied what I learned to practical work. Theory and practice are inseparable. In practice, my knowledge has been consolidated and my ability to solve problems has been exercised. This internship broadened my horizons, made me understand the operation of law in reality, and further mastered the technical terms; Besides, I have made many friends with judges and lawyers. We exchange ideas together and promote each other. From them, I learned many ways to treat people, which I can't learn from books. During the whole internship, as a student of Central South, I tried to be the messenger of Central South culture, introducing Central South to friends from all walks of life, and letting them get close to Central South and get to know it. Finally, I would like to take this opportunity to express my heartfelt thanks to the staff and teachers of Yuelu District People's Court who provided me with help and guidance during my internship, and to my friends and classmates who helped me during my internship!