First of all, I learned to organize and bind archive files. The files shall be bound in the prescribed order and the files shall be paginated. The binding sequence is as follows: (1) When binding, make the table of contents, and make the serial number, file name and page number according to the binding sequence of the case file materials; (2) management information table; (3) Submitting a proposal for commutation; (4) test report; (5) Investigation materials; (6) Record of collegial panel; (7) A written ruling on commutation; (8) Delivery receipt. The data in the volume shall be coded page by page with Arabic numerals, with the front cover in the upper right corner and the back cover in the upper left corner. Documents should be further sorted before binding: damaged materials should be repaired or copied, and copies should be placed behind the original. Materials with narrow binding parts or handwriting should be lined with paper. Materials with too large a paper surface should be folded neatly according to the file size. A copy of the illegible materials shall be attached. Envelopes that need to be pasted should be opened and laid flat, and stamps should not be opened. All metal objects should be removed from the material. The items listed on the cover of the case file shall be clearly filled out item by item with a pen or brush, and the title of the case file shall concisely and accurately reflect the contents of the documents and materials in the volume, and the completion date shall be the date when the notarial certificate is issued. All documents should be tied with cotton thread and fixed with three or five eyes. The rope should be tied into a slipknot, the slipknot should be stamped with the seal of the notary office, and the sewing thread should be stamped with the seal of the installer.
Secondly, in these days, I gradually learned and mastered the specific work of civil trial, and really realized the process of combining theory with practice, which not only consolidated what I have learned, but also made it possible to apply what I have learned, and learned a lot of new knowledge outside books. During my internship, I tried to translate the theoretical knowledge I learned in school into practice, and tried to combine theory with practice. I was able to abide by work discipline, correct my work attitude, keep the trial secret, not be late or leave early, and conscientiously complete the work assigned by leaders and judges, which won their unanimous praise, gained both ideological and professional benefits, and found my own shortcomings. I deeply realize that this social practice study has benefited me a lot and made me full of confidence in my future legal work.
In the internship of nearly two months, I have been strict with myself, humbly asking leaders and judges for advice, earnestly studying the policies of the party and the state, studying laws and regulations, and using my spare time to seriously study some related knowledge beyond the contents of textbooks, thus mastering some basic legal skills, further consolidating the knowledge I have learned in school, always being modest and prudent, always acting with a learning attitude, and always representing the image and quality of Huazhong Agricultural University students.
Most of the cases in the trial court are civil cases, and I have mainly done the following work:
1, consult and organize files. More than 30 files have been consulted, and there are many complicated cases (almost all appeal retrial cases). While combing and thinking, there are many typical cases that have been concluded or not yet concluded, involving issues such as fact finding, admissibility of evidence, and identification of responsibility. In the process of sorting out the files, I have a detailed understanding of the procedures of civil cases from filing to conclusion and the classification of various documents that should be filed.
2. Listen to this case. Wuchang District People's Court has a vast jurisdiction and a large population, and there are 3 or 5 courts to hold sessions almost every day. This is good for me, there are more cases to try. I used to watch the mock trial at school seriously, but after listening to the civil trial here, I felt that the trial was quite random and many procedural issues were omitted. The judge tried the case like a gossip, especially in the summary procedure. Divorce cases are generally not heard in public, but I also went in as a court worker. By listening in on the case, I learned the characteristics and procedures of civil trial in detail, and learned that the key to hearing civil cases is to resolve the contradictions between the parties. Unlike criminal cases that emphasize the state's coercive power to punish crimes, the ideal state of civil cases should be to let both sides win without losing the dignity of the law. This requires judges to have a high personal quality, not only to know the law, but more importantly, to think for the parties, to minimize the litigation costs of the parties and to reassure them.
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 have recorded several cases. Because the judge spoke quickly when discussing the case, he could not record it comprehensively, so he could only remember some key points and outlines, and he could rearrange them for their signature after the meeting. Usually, we don't do much shorthand exercise, and the records of the court clerks in the mock trial are all false, and the court transcripts are all prepared long ago. I think we should strengthen shorthand training in our teaching activities, because although Yahweh shorthand system is used to record the trial transcripts in the court system all over the country, we still use manual records when we ask the parties or witnesses and hold a collegiate bench to discuss such temporary meetings, and we can't use computers on every occasion.
4. Write the test report. During my internship, I helped the judge write the trial reports of five cases. After the first report was written, Mr. Li, the case handler, affirmed and absorbed my views and opinions (the later judgment also showed that the collegiate bench teacher agreed with me), but also pointed out the shortcomings (format). Later, I carefully read the format of legal document writing and regretted that the teacher didn't listen well when he spoke. I really applied the old saying-"I know very little about what I get on paper and need to know more about it."
I followed the judge to investigate the case, served legal documents and went to the prison twice for trial. 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 the summons is sent to the defendant many times before the defendant is willing to accept it, that is, it takes a long time to explain it to them after signing the receipt. Because in the eyes of people who don't understand the law, signing is a terrible thing. They are thinking in their hearts, is it a word, will it be bad for themselves (like ancient fingerprints)? Some political parties even shut the door and deliberately refused to let us in. The judges patiently explained to him for a long time, explaining that the receipt of the receipt only means that you received the summons and the notice of hearing. Only now do we realize the difficulty of China moving towards a society ruled by law, and legal education has a long way to go. Going out with the judges really learned a lot.
6. Staff's job. This is also my main job, small but important. Such as sorting, filing, sending and receiving documents, books and newspapers, typing rulings, judgments, copying legal documents and so on. Work is trivial, but we can't neglect it, because sometimes typing a wrong word may completely change the meaning and nature, so secretarial work is also very important.
Legal work is not as simple as I thought before. I deeply realized that judges are ordinary people and have to do a lot of trivial work, not just waving a small hammer in court to safeguard legal justice. The bitterness and sweat in it are unimaginable to ordinary people: we must face the unreasonable troubles of the parties, strive to achieve fairness and justice before the law, and sometimes even handle cases under pressure, all of which bring great pressure to legal work and cause difficulties to legal workers.
During the internship, under the guidance of the leaders and judges, I can consult others humbly, abide by organizational discipline and unit rules and regulations, and communicate with people in a civilized way. Most of the experience and knowledge I learned during this period came from the teaching of leaders and judges, which is a rare and precious asset in my life. This internship 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 and understand the truth of being a man. How to get along with people is one of the most basic abilities of being a man in modern society.
During the short and substantial internship, I deeply felt the shallowness of my knowledge and the lack of professional knowledge in practical application. I always thought I was doing well in school, but once I came into contact with reality, I realized how little I knew. At the same time, I think there is indeed a gap between our legal education and practice. Law is a highly practical subject, which needs the guidance of theory, but its development is completed in practice. Therefore, China's law education should be combined with practice and adopt a school-running mode of combining theory with practice. University law should establish good relations with public security, procuratorate, court, law firm and other departments, arrange students' probation regularly, so that students can better digest what they have learned, cultivate their interest in law, try to avoid the phenomenon of arrogance after graduation, and deliver comprehensive, qualified and excellent high-quality legal talents to the society.
During my internship, I found it very important to popularize the law. In order to promote the construction of China ruled by law, many years of publicity and education activities have made great achievements, and people's concept of rule by law and legal awareness have been greatly improved. However, there are still some shortcomings in the depth and breadth of law popularization. The activities of popularizing law should not only stay on the surface, but also go deep into reality, truly let people know the significance of laws and regulations, and gradually establish people's belief in the law and establish the sacred status of the law on this basis. Only in this way can there be hope for the rule of law.
Looking at these things I wrote, I feel disorganized. There seems to be a lot to say. The harvest of internship is to realize a truth. There is still a long way to go and a lot to learn!