Practical report on legal holidays
First of all, I want to thank all the teachers who provided help and guidance for my internship, and thank you for your help and help in my smooth internship. Let students really enter the legal work and learn and re-understand the legal professional knowledge from the actual operation.
This holiday, under the arrangement of the college, I went to Chengdu Railway Transport Procuratorate for an internship. This internship, the post is the Public Prosecution Section, and the main work is to review and prosecute and participate in the trial. Therefore, the internship subjects are mainly criminal law and criminal procedure law, as well as related laws and regulations. During my internship, I participated in the trial of several cases, carefully studied the proper and standardized judicial procedures, really went from textbooks to reality, carefully understood the whole process of public prosecution and all aspects of trial, and mastered the application and scope of some laws. Follow the prosecutor in the arraignment, ask the suspects and ask the witnesses. Really understand and be familiar with China's public prosecution procedure and the role and function of the court, and at the same time cooperate with the public prosecutor to make a good record of the investigation and trial of the case and help the public prosecutor to make a good review report; Do a good job of file binding and filing.
During my internship, I tried to put the theoretical knowledge I learned in school into practice. I try my best 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.
This hospital is a specialized grass-roots procuratorate. Compared with other procuratorates, there are few cases. There are eight people in my public prosecution department, and they usually work together. According to the law, they should inform the suspect of the rights conferred by the law within three days after receiving the case, that is, submit a notice of rights and will arraign the suspect. The detention center in this hospital is far away and time-consuming. Another time-consuming task for them is to produce review reports. Because the evaluation report now requires computerization, the format requirements are more stringent. Simple cases also have four or five pages, and difficult cases will go up to ten pages. I came across a difficult case with a 30-page review report. It is a time-consuming and laborious job to input the transcripts made at the time of arraignment into the computer, and some transcripts are illegible. However, the review report is a document that the public prosecutor must make when handling a case; You can let the case handlers take their cases seriously and know their cases like the back of their hands before the trial. Its function cannot be ignored.
The process of handling a case is to re-learn and re-recognize the legal professional knowledge. Go to the arraignment with them. At first, we interns were just accompanying people, and the whole interrogation process was almost silent. After many such arraignments, it's a bit boring. Later, I became familiar with the interrogation procedure and made notes. The instructor asked me to write some simple case notes. Because it is a grass-roots procuratorate, the amount involved is not very large and the degree is not very heavy. The prosecutor's arraignment of suspects is only to check the evidence in the investigation stage, and it is only necessary to arraignment several times for some difficult cases. Prosecutors' skills and attitudes in interrogation vary according to their personal style.
After the examination and prosecution, the organizer shall appear in court to support the trial, except for cases that are tried by summary procedure. In the absence of a lawyer, the trial is generally simple.
It is also worth mentioning that when I was studying at school, I said that the judicial system in China only pays attention to the entity, not to the procedure, so that the rights of criminal suspects are not adequately protected. Through my internship, I found that this problem really exists and cannot be avoided. However, it is gratifying that procedural issues have received great attention, which can only be seen from the large number of procedural documents we have to complete. This problem is far from as scary as I thought at school before. Three public security organs are neighbors and three office buildings are next to each other, which brings great convenience to their work, especially in the communication of information and the delivery of materials. However, there are some problems in how to understand and deal with the relationship between the three schools, because it is inextricably linked with protecting the rights of criminal suspects. I think this involves the design of the big judicial system, which cannot be simply stated.
Even if all procedures are followed, the rights of criminal suspects will be violated. A case I came into contact with during my internship is an example. This is a case about illegally transporting rare animals on the train without a transport license. There are two suspects, both from other provinces. The case was committed on the train and was caught by the police. This case was first investigated by a forest public security bureau, but due to insufficient evidence, it was investigated twice and then handed over to the procuratorate where I practiced. When I went to practice, the suspect had been detained for nearly seven or eight months before being charged. But also a so-called difficult case in the public prosecution stage. The procedure of this case requires normative documents and conforms to the law. Therefore, whether the entity or the procedure, to protect the rights of criminal suspects, the legal concept must be deeply rooted in the hearts of the people, and various systems should be matched. This case also involves the non-prosecution system of the procuratorate. In addition to discretionary non-prosecution and statutory non-prosecution, there is also a case of non-prosecution stipulated by law, which some scholars call "non-prosecution in doubt". That is, the procuratorial organ makes a decision not to prosecute when it confirms that the facts of the case are unclear, the evidence is insufficient and there is no possibility of winning the case. In this kind of cases, there is a certain basis to determine that the suspect constitutes a crime, but the evidence is not enough to prove the crime legally. It is difficult to achieve the purpose of public prosecution by taking such cases to court. According to the spirit of presumption of innocence, such cases should not be prosecuted. However, if possible, supplementary investigation should be conducted before making a decision not to prosecute. Only when it is confirmed that there is no possibility of confirmation within the statutory time limit can we decide not to prosecute. For example, in this case, I think we should be suspicious and not prosecute. Because of its insufficient evidence, there are still two suspects who have not been caught, and one of them has played a major role. But perhaps because of the internal regulations of the procuratorate or the reward system, the non-prosecution system has not been well implemented. But it does not mean that this system has not been implemented.
During my short internship, I deeply felt the superficiality of my knowledge and the lack of professional knowledge in practical application. At first, I was at a loss about some jobs. This short and substantial internship in the past month, I feel that it has played a bridge role for me to go to society. Transitional role is an important experience and step in my life, and it is also very important for me to go to work in the future. 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. 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.
It is inevitable that the internship life has ended before it can show its strength. It is said that college students don't know enough about society in the ivory tower, and the knowledge they have learned is not practical. This graduation internship has given me enough understanding of these statements. During my internship, I gradually realized the importance of solid professional basic skills, the importance of constantly updating and flexibly using knowledge, the necessity of forming and accumulating specific operational skills in my work, and the necessity of getting along with people and adapting to society. In the process of work, I always strictly demand myself, abide by the rules and regulations of the internship unit, try my best to help the teacher handle the case, and give full play to the professional knowledge I have learned in school. During these growing days, I practiced, thought, reflected and summarized, and gained valuable wealth in my college life. Perhaps the fragments of college life will inevitably be forgotten over time, but I believe this internship day will still be memorable. As the first step towards society, it bears the feeling of facing reality and challenges, which will be unforgettable.
Report on court practice (1)
Intern: Nie Major: Legal Practice Location: Yuelu District People's Court.
Internship time: 165438+2003120 October ~ 65438+26 February 2003.
Grade: 200 1 class: class 3, student number: No.8.
key word
Omission of summary procedure of administrative litigation filing procedure
Limited collegiate bench
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.
Court Practice Report (2) 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!
This article is very classic. I borrowed it from my sister during my internship.