Last Sunday, my teacher arranged a mock trial of the Civil Procedure Law. This is my first time in mock trial's class. It feels fresh and profound, and the atmosphere of the mock trial is quite active. Here are my feelings about mock trial.
The first is the program.
The trial procedure in mock trial can be roughly divided into four stages: trial, court investigation, court debate and trial.
Before the trial, the clerk also briefly introduced the case to help us better understand and understand the whole mock trial. After introducing the case, the clerk basically follows the trial procedure of civil litigation. In the trial preparation stage, there is no big difference in the civil litigation trial procedure of mock trial. Summon the parties and notify other litigants to attend the proceedings in court; Before the court session, after the court clerk read out the court procedures, judges and judges entered the court one after another to find out whether the parties and other participants in the proceedings appeared in court and announced that there was no major problem in the court discipline and other procedures.
In the stage of court investigation, court investigation mainly includes two contents: one is the statement of the parties; The second is to produce evidence and cross-examination. In this mock trial, both sides attached great importance to this part and asked many witnesses. I think this is the most wonderful stage in this mock trial.
In the stage of court debate, court debate is a litigation activity in which the parties and their agents ad litem, under the auspices of the collegiate bench, clarify their views and opinions and debate with each other according to the facts and evidence ascertained in the stage of court investigation.
Case review and announcement of judgment are the last stage of court trial, and also the stage when the collegial panel distinguishes right from wrong, clarifies responsibilities, makes judgments and announces the judgment results according to the facts and evidence that have been ascertained, so as to solve civil disputes between the parties. It is worth mentioning that when the presiding judge told the parties whether they agreed to the settlement, the parties agreed to the settlement, but the case was pronounced only after the settlement failed.
Second, compared with the real court.
As for the comparison between mock trial and real court, I can only make a brief comment here because I have not personally reflected the real court. From the procedural point of view, except for the introduction of the case, it is basically consistent with the procedure of the real court, and there is no big deviation. Judging from the arrangement of the mock trial, it is basically arranged according to the real court, but it is a bit fake. Judging from the dress of the participants in the proceedings, the dress of the judge, the clerk and the agents of both parties basically reflects the feeling of the real court. Especially, the lawyer Fu Pengcheng is particularly professional in dress, but the bailiff is not solemn enough in casual clothes. However, considering that this is only a mock trial, it should be understandable. According to China's civil procedure law, in order to ensure the authenticity and objectivity of the testimony provided by witnesses, witnesses are not allowed to attend the trial; Other witnesses shall not be present when questioning witnesses. In this mock trial, witnesses are all sitting behind the public gallery, so when bailiffs bring witnesses to court, they are brought into the court from behind the public gallery, not from outside the court. I think this problem should be improved.
Judging from the atmosphere of the mock trial, the whole mock trial was conducted in a quiet and peaceful environment.
Personally, I think that in a real court, the contradictory parties will definitely quarrel because of their contradictions, and at this time, the judge only plays a role in maintaining order. In the mock trial, apart from expressing their views on the issue, the two sides did not have more tone or expression, nor did they feel contradictory atmosphere, which made people feel dull and boring. The court is also a place to solve contradictions. All the people involved will actively participate in the trial and express their opinions. Especially in the court debate stage, the parties should have more debates on the issue, but the debate stage in mock trial is very short.
Third, the performance of litigants.
Everyone involved in the mock trial is very devoted and dedicated. Maybe it's the mock trial. Some students who play litigious lawyers seem to be rather stiff. We can only understand the facts of the case on the surface, but we can't deeply understand the feelings and thoughts of the parties to the case, let alone understand the importance of winning the case to ourselves. If the judge bends over when entering the court, it feels like a suspect entering the court; The presiding judge was too cautious when knocking on the gavel, and his performance was not positive enough, and his prestige expired; The performance of both parties and agents is too dull, depending on the case; Both marshals are burly enough, but not energetic enough.
Secondly, it may be that the mock trial is not well prepared, or that you don't have enough legal knowledge. During the performance, the participants didn't know enough about some professional knowledge involved in the case, and they couldn't completely come up with strong evidence to refute each other, which made the whole mock trial lack of excitement.
Four. conclusion and suggestion
In this part, the conclusion of data analysis in the article is written, and at the same time, policy suggestions are given, which can also be used for market prospect analysis.
As Pound once said, it is meaningless to study the logic of law itself completely. When we study law, we should not only study theoretical knowledge seriously, but also pay attention to legal practice. By watching this trial, I felt the solemnity and solemnity of the court, and I also felt the professionalism and responsibility that a legal person should shoulder.
In order to strengthen the mastery of civil procedure, I looked at this civil litigation court. After I arrived in court, I learned about the general process of civil procedure and was more impressed by the case. From this court, I really understood the court trial procedure, and turned the indirect impression in the book into an intuitive impression, which provided a good exercise opportunity for my professional study. At the same time, I also realized the importance of evidence from this practice.
So I have the following thoughts: the trial procedure in mock trial is divided into four stages: trial, court investigation, court debate and trial. In this trial, the clerk first checked the attendance of the parties and their participants in the proceedings, invited them to sit down, and then read out the trial discipline. Then all stood up, invited the presiding judge and people's jurors to enter the court, sat down, brought the defendant into the court, and the presiding judge announced the trial. Before the trial, the clerk also briefly introduced the case to help us better understand and understand the whole case. After the clerk read out the court procedures, judges and judges entered the court one after another to find out whether the parties and other participants in the proceedings appeared in court and announced the court discipline. At the stage of court investigation, the public prosecutor read out the indictment, accused the defendant of committing a crime and asked the court to give him a fair and just punishment. The defendant objected to the criminal facts prosecuted by the public prosecution agency and showed a good attitude of opposition. Next, the prosecutor testified in court. The evidence is really untrue and irrelevant, and both the defendant and the defender have objections. After the notaries gave evidence one by one, the defendant had no new evidence to submit to the court. Court investigation mainly includes two contents: one is the statement of the parties; The second is proof and cross-examination. In this court, both parties strive for greater rights for their clients through evidence and cross-examination. This stage can best reflect the legal knowledge reserve and observation of both sides of the defense. As a lawyer, you must listen before you know how to argue. Enter the next stage, namely the court debate stage. First of all, the public prosecutor expressed his opinion. The defendant defends himself, the defender expresses his opinions and the prosecutor answers. In the stage of court debate, court debate is a litigation activity in which the parties and their agents ad litem, under the auspices of the collegiate bench, clarify their views and opinions and debate with each other according to the facts and evidence ascertained in the stage of court investigation. This is an important stage. Case review and announcement of judgment is the final stage of court trial, and it is also the stage when the collegial panel distinguishes right from wrong, clarifies responsibilities, makes judgments, announces judgment results and resolves civil disputes between the parties according to the facts and evidence that have been ascertained. At this stage, the defendant will give a brief speech on the facts, evidence, seriousness of the crime, understanding of the crime and requirements for conviction and sentencing. Finally, the judge found out the facts and conducted mediation in view of the corresponding opinions of both the prosecution and the defense. At this point, the case is over. Procedural law is different from substantive law, so the focus of civil litigation court is to understand the whole procedure. Through this court, we have learned the practical operation of civil litigation, and made the boring study of procedural law vivid in the form of court, so that we can learn and remember it in practice.
Among them, in this trial, judges and lawyers impressed me the most. As we all know, due to the particularity of judicial activities, judges should faithfully reflect the special role and function of the state in handling social contradictions in judicial trials. This role and function requires the judge to remain neutral between the two parties to the dispute as a "third party" and always remain neutral and treat both parties equally in the process of dispute settlement. Therefore, the judge's duty is to judge in the middle, so that all members of society have the right to get the same legal treatment as others, and truly be the same as colleagues, mistakes and punishments, so as to achieve the ultimate judicial justice. As a judge, I think the standard to measure whether he has completed the mission of judicial justice is to see whether he has handled all kinds of cases in strict accordance with the provisions of substantive law and procedural law, and a judge must have high quality to complete the mission of judicial justice, so I must study hard, strengthen my professional skills and professionalism, and lay the foundation for future development.
By watching the trial of this case, I also deeply felt the significance of the people's jury system, which not only improved the judicial credibility and highlighted the judicial progress, but also realized that only by continuously improving the transparency of the court's trial work can the trial result be more just, open and fair, and the legal effect and social effect can be double harvested. Today's society is a world ruled by law and a society ruled by law. The law of social development has shown that a country must regard law as a magic weapon or a guarantee of freedom when governing society, and the worship of law must and will become a kind of spirit and belief of the country or citizens; Without this belief, governing the country according to law can only be an armchair strategist. The so-called respect for the law means having the spirit of defending justice and fairness, having the belief of being fully responsible for the country, the society and the parties, and advocating, believing and respecting the law. Therefore, having the spirit and belief of advocating law is one of the qualities that a judge must possess.
Secondly, as a legal worker, excellent legal professional ability and professional adaptability are also necessary qualities. Professional knowledge is the minimum requirement for legal work and the basis of professional ability. With certain professional knowledge, what needs to be done is to integrate this knowledge into practice. Legal practical experience is a necessary condition for a person to know the truth of a case, grasp the essence of the case facts and find a reasonable way to solve disputes.
As for lawyers, they need more knowledge and a certain professional level, so my journey has just begun. In addition, I think eloquence is also a very important aspect as a lawyer. Only with good eloquence can we convey our thoughts, logic and ideas to the judge, so that the judge can understand his thoughts, thus proving that his side has won greater victory. In addition, I think having a good eloquence can also enhance my self-confidence, make myself more agile in court, and help me to play. Of course, lawyers should also cultivate their ability to obtain, analyze and use evidence, which is essential in court trials. Therefore, lawyers should investigate and collect evidence from all sides, make full use of evidence through legal analysis and logical analysis, try to avoid and reduce the negative impact of unfavorable evidence, and emphasize the positive role of favorable evidence, so as to promote the trial of the case in the direction of benefiting the client.
I have always dreamed of joining this professional group, but at this time I have to say that I am at a loss and at a loss, which may be something I have to experience and face. This is a compulsory course in my career. Because you have to remember: lawyers should not only help the parties win the lawsuit, but also play beautifully and brilliantly! Even if this height is still far away from you, you should always be ready to meet this brilliant peak! This is a trial combining emotion, reason and law, which fully embodies fairness and justice.
From watching the trial, I also learned the gap between me and a professional lawyer, which encouraged me to study hard.
Xi's belief, I will work towards the goal of being a professional lawyer. Strive to improve their theoretical knowledge in practice, make better use of legal knowledge, ensure that the social legal order can be more fair and just, and let people's rights and interests be better protected!
On Friday, the school brigade organized a mock trial performance.
The performance of this mock trial is about a student named Wang Wei cooking, and a classmate named Ding Xin cut in front of Wang Wei. Wang Wei was very angry and scolded Ding Xin. Ding got angry and slapped Wang Wei. Wang Wei was about to fight back when he was stopped by other teachers. After returning to the dormitory, Wang Wei was very angry and called a friend named Zhang Hua. They agreed to wait for Ding Xin on his way back to the dormitory tomorrow night and then get back at him. Sure enough, this afternoon, they were waiting on the way back to the dormitory in Ding Xin. Ding Xin came and they came forward to beat him together. Ding Xin has escaped. At this moment, Zhang Hua took out his knife and cut it on Ding Xin's heart. Ding Xin fell to the ground. The two men kicked Ding Xin several times, swore a few more words, and then walked away casually. That night, Wang Wei fidgeted and immediately turned himself in at school, and Zhang Hua was also arrested by the police.
This performance tells me that impulse is the devil. Yes, if Wang Wei had no impulse and didn't let Zhang Hua fight Ding Xin together, would they be like this? If Zhang Hua calms down and thinks about the consequences of this incident, will he be sitting in an empty prison now? If they were not impulsive, but calm down and think about it, would they fall to this point now? Just like the Beatles incident, if the woman was not so impulsive and just said forget it, would it be like this? Will someone else's pillar be killed like this? Just like what happened in our class recently, if the male student in our class calmed down and thought about how much work it would bring to the painter to throw a bottle cap into the paint yard, would he throw it?
Reflections on mock trial 4. The mock trial of civil cases has ended. This mock trial has given me a deeper understanding of the trial procedure of civil cases and related legal knowledge.
This time, the civil case in our group is a divorce case, and the husband and wife compete and argue about the custody of the real estate and children. With the experience of criminal cases, we can be more handy in the relevant trial procedures and required case materials of this civil case. Therefore, civil cases are relatively smooth.
However, civil cases and criminal cases are very different after all. In the cross-examination and debate stage of the trial, both sides played a great role, and the role played by the acting protagonist was not that great. In addition, the trial procedure of civil cases is relatively simple and pays more attention to the subjective initiative of both parties.
Short time and high efficiency are my overall evaluation of mock trial. After intense preparation, our group reasoned with each other in the mock trial session, and according to the focus of the debate, we constantly explored the loopholes of the other side and improved our arguments. During the trial, the intentions of the representatives of both sides were basically mobilized.
Of course, shortcomings are inevitable. First of all, inadequate preparation. On the issue of alimony, the plaintiff did not mention the specific amount of litigation, but the court made a specific judgment when making a judgment. Then, some places in the trial are not so natural and smooth, which also tells us that the final trial process is not important, and the preparation before the trial is also very important.
As the protagonist of the defendant's litigation agent this time, I have a deeper understanding of the protagonist of the agent. He always represents the legitimate rights and interests and uses all legal means to safeguard the interests of the defendant. At the same time, we should fully communicate with the defendant, be consistent with what the defendant said, and don't let the plaintiff catch anything. I also have a deeper understanding and mastery of proxy words, defense and writing formats.
Generally speaking, mock trial is a brand-new way for us to understand and know the law, appreciate the majesty of the law and deepen the legal theory, which is of great help to our study and future participation in legal related work. By participating in the mock trial, I learned more about the sanctity of the law. Apply the original theoretical knowledge to practice and deepen the understanding of knowledge. By personally experiencing the operation of the law, I have a deeper understanding of the whole legal system and laid a good practical foundation for future study. I used to watch TV and see the seriousness of the court and the solemnity of the law. Through the mock trial, what I gained the most was my own personal experience of court proceedings. I used to think that a series of activities from the appearance of the judges to the announcement of the judgment by the presiding judge were so natural, and I thought the whole process was logical. So, when you look at it, it's like browsing. It's over once, and you never thought about it from beginning to end. I thought I knew everything, but in fact I'm far from mastering it. I just feel that everything is going on in an orderly way, but I don't know when this gradual change happened. It was not until I participated in the mock trial that I really found my true feelings. Moreover, all the written materials and testimony of this activity, from the case to the legal preparation to the whole trial process, were written by our group. I think participating in this activity will help improve our practical potential.
In this mock trial activity, I deeply learned the necessary procedural steps of court civil trial and put substantive law into practice for the first time; At the same time, I am also familiar with some court debate skills and litigation methods; Our comprehensive potentials such as eloquence expression potential, adaptability potential, thinking potential and comprehensive knowledge application potential have been further improved; The basic potential of applying legal theory and legal knowledge to analyze and solve problems is also improved accordingly. More importantly, our practical potential has been strengthened, and we have a good understanding of the benefits of teamwork. In case discussion and analysis, not only our knowledge potential has been improved, but also we know each other better. Sometimes, the strength of a team is always stronger than one person. Finally, I have to say that practice is a good way to test what we have learned. I hope there will be more such practical activities in the future, so that we can really apply what we have learned and have a deeper understanding of what we have learned.
Reflections on mock trial 5 Shijiazhuang University organized Chinese teacher Pei to visit the mock trial in Shijiazhuang University of Political Science and Law.
When I entered the classroom, I saw the magnificent national emblem hanging in the middle of the wall, and the tables and chairs of the legal platform and the participants in the lawsuit were neatly arranged, which suddenly gave people a solemn and serious feeling. The teachers we observed sat quietly in their seats, looking forward to the start of this activity.
At this time, our training class teacher said: Please come on this day, the purpose is to observe a unique criminal court activity. The simulation objects are all students of Shijiazhuang University of Political Science and Law. Teachers should observe them carefully.
At this time, the court opened and announced the court discipline. As the clerk's voice dropped, the mock trial began. This mock case is a case of intentional homicide. The defendant, a woman, was accused of being guilty by the procuratorate. All kinds of evidence can't confirm each other, and the facts are unclear. The evidence doesn't form a chain, and it can't completely prove that the defendant intentionally killed, so the defendant is not guilty. On the basis of these materials, the students fluently conducted the trial process, from interrogating the defendant according to law, respecting the demands of various defenders, asking the prosecutor to present evidence and cross-examination in court, to the prosecutor receiving the opinions of the public prosecution, the defender receiving the opinions of the defense, the defendant making the final statement, and then combining with this case, receiving the opinions and sentencing, all of which ended in an orderly way. The whole process is serious and tense, simple and active. The teachers and students who are watching applaud their wonderful simulation performance.
Although this is only a passage interpreted by students of the School of Political Science and Law, it is not true and professional, but it is also a real and sincere simulation scene, a real character sculpture, a real language and a real inner expression.
The observation activities in the mock trial were carried out very well, which made me feel deeply. I personally felt the dignity of the law and the majestic atmosphere of the court. As a teacher, I must establish a legal concept, consciously learn, understand and abide by the law, safeguard national interests, safeguard my legitimate rights and interests, and regulate my behavior according to law. And in the future teaching, we should infiltrate the legal education for students, enhance their legal awareness, and let them grow into good citizens who learn, understand, abide by and protect the law, and make their own contributions to the smooth implementation of the rule of law.
Reflections on article 6 of mock trial this semester, in order to cultivate students' ability to use law, the syllabus arranged mock trial courses. As the teacher of the mock trial course of law class 052, I organized a series of mock trial drills for students in 17 and 18 weeks according to the arrangement of the syllabus. Now I will make the following summary of this course in the mock trial, so as to learn lessons in the future mock trial and improve teaching.
First, the main teaching contents of this mock trial
This mock trial course mainly includes the following main contents: First, arrange students to attend the trial in a unified way; The second is to arrange for students to watch the trial materials in a unified way and be familiar with the trial procedures; Third, distribute the task book of "mock trial" to students, make clear the tasks and objectives of students in mock trial, and uniformly teach students the actual situation and matters needing attention in trial; Fourth, arrange students to assign court roles, and strive for everyone to have a substantive role, so that everyone can truly integrate into the trial of mock trials; Fifth, each student is required to write his own court documents according to his court role, including indictment, indictment, defense, defense, court hearing, closing summary and so on. And in accordance with the real process of courts, procuratorates, law firms and other legal practice organs, unified examination papers; Sixth, students are required to write a summary of civil and criminal cases in mock trial and a report on the experience of the whole mock trial course.
Second, the experience of this mock trial.
This simulation experiment course has achieved good teaching results and completely achieved the teaching objectives required by the syllabus. To sum up, the following experience can be used for reference in future mock trial courses.
First of all, choose a real case and simulate it according to the real legal work requirements and processes to the maximum extent. In this mock trial, I carefully selected three real cases (two sentences and one citizen) to provide students with real case materials (including all kinds of real transcripts, contracts, photos and appraisals). ), and require students to discuss and appear in court according to the real working conditions of legal workers (for example, contact between opposing parties is not allowed before the trial). Practice shows that this kind of approximate real legal working state simulation course has brought students the experience of maximum contact with the real law, greatly stimulated their interest, fully mobilized their usual legal knowledge, fully considered the neglected things in classroom teaching such as the application of evidence and the determination of facts, and comprehensively exercised their legal practical working ability.
Second, make students familiar with the program in advance through various ways and means. The smooth running of mock trial depends largely on whether students are familiar with court procedures, and the practical ability of law students also depends largely on their familiarity with legal procedures. By cooperating with other teachers, I arranged for students to read the Moot Trial Task Book, attend the trial on the spot, watch China court information films and foreign legal films, and impart my legal practice experience to students, so that students can know and be familiar with the basic procedures of court trials in China to the greatest extent in advance, which laid the foundation for the success of this moot trial.
Third, rational distribution of roles. The success of mock trial teaching depends on whether all students can really participate in the simulation, which is closely related to their roles. Some roles, such as judges, prosecutors and lawyers, undertake more specific legal work, and their exercise significance is greater than other roles. Some roles, such as bailiffs, clerks, observers, etc. Relatively few people really participate in and benefit from the mock trial. In view of this, I intend to rotate roles to ensure that every student gets a role with higher "gold content". In addition, I also created the roles of "rule of law reporter" and "legal researcher" instead of "observer". They are required to comment on the legal issues reflected in the trial and the case, and form various styles of written materials. Its purpose is to make students who have not been assigned any substantive role in a single mock trial understand the law and the court from the perspectives of the whole trial process, the legal and social significance of the case itself, with questions and thoughts, so as to improve their rational thinking level and all-round writing level. Practice shows that this paper is worth persisting in the future mock trial teaching. Because it actually shows that law, as a wide-caliber major, should cultivate wide-caliber graduates.
Fourth, give students more time to prepare. Although the mock trial focused on 17 and 18 weeks, the preliminary work such as case screening and distribution and role assignment was successfully completed in the middle of the semester. This leaves enough time for students to discuss and prepare. Judging from the actual operation in the mock trial, the students' ability to master the trial procedure is remarkable, and it is getting better every time. This has to be said to be related to the students' sufficient preparation time and solid preliminary work.
Third, the shortcomings of this mock trial.
Although the mock trial has achieved great success, there are still some shortcomings that need to be paid attention to and improved in the future work.
First of all, the trial procedure is flawed. For example, in the first civil lawsuit, the presiding judge made an error when reading the judgment, which led to the actual judgment result completely deviating from the judgment result written in the judgment. After the trial, the parties were not required to read the court records and sign them. For another example, in criminal proceedings, when the collegial panel debates in court, the pace of debate between the prosecution and the defense is controlled a bit slowly. These defects are common problems for students in mock trial. The main reason is that they are not familiar with the trial procedure, which is inevitable for students who have just come into contact with simulated legal practice.
Second, the writing of legal documents still needs to be standardized. All kinds of legal documents written by students basically meet the requirements of legal work, but they are still rough. No matter from the point of view of logic, rigor or rationality, we still need to make great efforts to improve it. This requires students to read a lot of excellent legal documents, and usually write more and practice more to improve.
Third, students' comprehensive legal concept needs to be improved. From the case analysis materials and summaries written by students, it can be seen that students have a preliminary understanding of law and the rule of law, but there is still a serious tendency of legal utilitarianism and instrumentalism, which is far from reaching the level of belief in law and the rule of law. On the contrary, the bad understanding of law in some societies has a great influence on students' thoughts. This is what worries me most about mock trials. There is still a long way to go to guide students to establish a fair, just, non-discriminatory and kind modern concept of rule of law.
Four. conclusion
Law students should not only study hard the theoretical knowledge of law, but also exercise their legal practice ability, both of which are indispensable. Mock trial provides a realistic way to improve their ability in this respect. However, this is only the first step from theory to practice and from learning to application. Because it is the first step, as a teacher, we should do our best to help them go up. Learning legal theory and practicing legal skills are only the most common requirements of mock trial courses and even legal courses. More far-reaching is to mold students into legal persons with modern concept of rule of law, so that each of them can abide by the law, uphold the law and believe in the law, so that each of them has a strong sense of social responsibility and become a part of promoting fairness.