3111-word model essay for the internship report of law students
Although this internship is only a short month, it has taught me a lot of knowledge, many of which I can't learn from books. Through practice, I learned about the specific operation and procedure steps of legal knowledge in practical practice, and tested and consolidated my knowledge. In this internship, I participated in the internship in the court. The main internship contents include: hearing the court, helping the clerk to sort out the file and review it, serving it, executing it and interrogating it, sitting in on the adjournment for deliberation, consulting the file, reviewing the judgment and writing some judicial documents such as the notice of execution, the registration form for closing the case, the announcement of the court session, the bill of remand and the summons, etc. And further consolidated some specific knowledge of judicial procedure, such as summary procedure, ordinary procedure and summary trial of ordinary procedure in criminal cases. After internship, my practical ability has also been greatly improved.
Let me briefly introduce what I learned during my internship.
First, consult the case file, review the judgment and write some enforcement notices. When I first arrived at the court, Mr. Chen gave me some files and indictments and judgments of some closed cases. I summarized these cases, because? City? District People's Courts are grass-roots courts, which mainly try some simple criminal cases that are not harmful and may not be sentenced to life imprisonment or death penalty.
For example, theft, 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 cases are relatively simple and the evidence is sufficient, so summary procedures are often applied, and the penalties imposed are mostly criminal detention, and fines or single fines are also imposed; In the case of intentional injury causing minor injuries, because it is a private prosecution case, Mr. Xing mostly settled the case by mediation, and the incidental civil part of criminal incidental civil cases was also settled by mediation, which finally satisfied both parties.
In addition, Mr. Chen also taught me to write execution notices, such as execution notices 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 in custody is more than one year, it is necessary to write another execution notice, but it is different from the former. Because the referee documents are now required to go online, Mr. Chen taught me how to write the approval form and closing registration form of online referee documents.
Knowing how the case was decided, Mr. Chen began to teach me to organize the files and review the information in the judgment.
For each case, the file filed by the court includes three volumes, and there are two 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, which belongs to the third volume. And we mainly sort out the first and third volumes.
these two volumes should be arranged according to? Directory in litigation files? For example, first of all, the indictment (private prosecution) and its attachments, the record of serving the indictment, the materials of hiring and appointing the entrusted defender, the investigation record or the investigation and evidence collection materials, and other documents and the pre-trial preparation documents such as the notice and announcement manuscript, followed by the trial record, the prosecution statement, the defense statement, the witness testimony and statement, the original judgment, the written judgment, the attached civil conciliation statement, the sentencing record and other trial documents.
It looks very simple, and actually involves a lot of legal knowledge, especially the criminal evidence and procedures, and the elements of criminal law 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 the trial of cases for the first time. These cases are simple, the facts are clear, the evidence is sufficient, and there is little controversy. Besides,? 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 going through the motions, and the judge had already 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 our judges a lot of time to try those complicated cases, and there is no need to take some useless steps, which will only waste manpower and financial resources. Through the trial of these criminal cases in which summary procedure is applied, I can see that although the trial time is very short, the necessary procedures are very complete, and the court has a good control in this regard.
However, 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 public prosecutor. The strict requirement is to read the indictment from beginning to end. However, in practice, the general presiding judge asked the public prosecutor to read it directly in order to save the trial time? After examination and verification according to law? The later part, the first half of the indictment, is omitted because it has been used in checking 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 prosecution facts and make statements. Usually, the defendant and the defender will not have opinions on the facts, but they will make some statements. In practice, some defendants like to disturb the train of thought of the on-site judges, and many problems will be involved in the presentation, which requires the presiding judge to distinguish the core himself and stop the defendant from expanding arbitrarily, but also pay attention to not interrupting rudely, so that the defendant's right to make a statement is infringed.
finally, I'd like to say that I'm in? Month? A case involving minors obstructing official duties. As the on-the-spot meeting of the juvenile trial trial observation and juvenile trial work of the city's courts was held in the Erqi District Court, the case was publicly heard as an observation case. Although this trial is the first in the provincial court system? Conversational? The way of trial, and try to use the way of conversation, using the language consistent with the experience, education and living environment of minors, to conduct court investigation and court education, but I think it is always a case involving juvenile crimes. The public trial with many people in attendance and many news media reports will do great psychological harm to the two defendants who are only middle school students, which will also have a great shadow on their young hearts and affect their lives.
Moreover, in the future, it is likely that they will be discriminated and rejected by people in society, unable to really return to society, and finally choose to give up themselves. In addition, although the Criminal Procedure Law stipulates that minors aged 16 to 18 may not be tried in public, that is, they may be tried in public. But I don't think the nature of the case is too bad and the harm is not great. It should not be heard in public, at least the media should not be allowed to report it publicly and take photos on the spot. The two minor defendants violated 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 discuss 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 the relevant legal interpretations indicate that residential surveillance can't offset the sentence, but in order to solve the case as soon as possible, the public and procuratorial organs will make the suspect plead guilty or confess on the condition that residential surveillance can offset the sentence, so it will be shown 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, safeguarding social order and the interests of victims. At the same time, it also reduces the punishment for criminals in disguise, so that they have the opportunity to repent and rehabilitate 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 trial mode emphasizes in the atmosphere? And? It gives the parties a cordial feeling, and also embodies the humanization of the judges, which eliminates the estrangement and antagonism between the parties to the maximum extent, narrows the emotional distance between the parties and the judge, and facilitates communication between the parties, and also facilitates communication between the judge and the parties, and then mediates. Work needs innovation, but you can't change the rules casually. ? Round table trial? Although it has great advantages, this advantage is more reflected in cases where summary procedure is applied in civil courts and criminal courts.
For the cases in which ordinary procedures are used in criminal courts, most of them are bad and complicated cases. If they are still used? Round table? The way can not reflect the authority of the court trial and the deterrent and seriousness of the law. In addition, this model is not conducive to the public to see the face 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 it needs further exploration and summary. The above are the main contents of my study during my internship and my own experiences.
In short, this internship is an indispensable and important experience in my college life, and its gains and significance can be seen: First of all, 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 has broadened my horizons, made me understand the operation of law in practice, and further mastered French; In addition, I also made friends with many judges, who provided me with 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 of all, there is still a certain gap between the theoretical knowledge I learned at school and the actual work needs; Secondly, people's legal awareness is not strong, they can't effectively use legal means to protect 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 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 complete, and it will also provide a better legal environment for China's economic construction. Here, thanks again? City? The internship place provided by the District People's Court and the help given to me during the internship have enabled me to learn a lot of knowledge that books can't. Thank you! Law is a system of rules on the one hand, and a system of meaning on the other. Without knowing the meaning system, law may become worthless? Craftsmanship? ; But 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 to realize it? How to die? With? Living method? The interaction. ? I have a bad voice and can't sing high-key? 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. We should always have confidence in this, as Su Li said. The future is not far away. Isn't this moment a future we have looked forward to? .
isn't today better than yesterday? Isn't today's legal system more perfect than in the past? Under the guidance of such a concept, I think our internship is more meaningful and valuable. Otherwise, we left with longing and admiration for the court and the law before the internship, but after the internship, we lost and went back to the well of pessimism. Sit in the well and watch the sky? .
Although I have many disappointments in law firms and courts, and I feel that the law is often helpless, I always feel that the law is better than nothing, and the good law is better than the evil law. Although the law can't conquer the world, it is still a good means for ordinary people to solve disputes. Didn't Plato go through such a cognitive process? In his early years, he thought that people ruled? It is best for the king of philosophy to govern the country, but he finally has to admit that the rule of law is not the best, but it is still a last resort and a better means of governance.
I worked as an intern in xx Law Firm last semester, where I had the honor to know Mr. X, who not only received his care and instruction, but also established a deep teacher-student relationship with me, thus giving birth to a second tutor during my postgraduate period? 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, so I wrote it? Don't let the clouds cover your eyes? 、? Don't wait for no flowers and empty branches? Waiting for surrogacy, sometimes I even thought he was a little at first? Unreasonable? I don't think there is any need to be so serious about some things, but slowly I like them from carelessness to being gradually taken? Format? Now, if every legal document I write still has my own distinct 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, the subtle influence of Teacher xx's style of writing and logical thinking.
During my internship with Mr. X, I drafted hundreds of legal documents, and I 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, gave me a legislative thinking in writing legal documents, and enabled me to demonstrate a problem from multiple angles. This thinking was also brought to the process of writing my thesis, and I published "The Legal Application and Legislative Choice of Personnel Assurance" and ".
after practicing in law firms and courts, I also feel that lawyers and judges have distinct differences in thinking, that is, do lawyers bring? Colored glasses? , many times even? Talking to yourself? And the judge is different, the judge is a lawsuit? Seesaw? The central axis should remain neutral, otherwise it will make the balance between the two parties lose balance, which will lead to social instability.
The biggest gain during my internship in No.1 Intermediate People's Court was that I met my third tutor during my postgraduate period? Sister Jia Ke, a female judge whom I admire very much, is beautiful, generous, intellectual and temperament. She not only influenced me in legal thinking, but also instructed me in dealing with people and how to survive in courts and other institutions. I know she didn't just treat me as a passer-by? I was deeply moved by the fact that the interns treated me like a younger brother.
My mother taught me since I was a child. Not afraid of others treating you.