Question 2: What does it mean to consult an official judge? It should be said that the competent judge mediates the case for you. At present, the court has mediated the case. In the process of mediation, the presiding judge may convey to the other party. This is a problem that is convenient for entities to deal with. If the appraisal time and court session time are determined, it can also be negotiated with the competent judge.
Question 3: Different responsibilities of judges, lawyers and administrative personnel In legal persons, judges and lawyers play two different roles. Judges represent the state judicial organs, exercise state public power, adjudicate cases, safeguard legal dignity and defend state power, and everyone is equal before the law; Lawyers represent the fundamental interests of the parties, and their duties are to assist the court to find out the facts of the case, exercise their rights according to law and safeguard the legitimate rights and interests of the parties. Their status, rights and obligations are different, and they play their respective roles in maintaining the socialist legal system. It is particularly important to correctly handle the relationship between judges and lawyers, which is related to the authority of judicial trials, the credibility of the judiciary in the eyes of ordinary people, and the fairness and justice of cases. Therefore, we should handle the relationship between them carefully and correctly, so as to maximize the judicial efficiency.
I. Rights and obligations of both parties.
According to the Judges Law of People's Republic of China (PRC), judges are judges who exercise state judicial power according to law, including presidents, vice presidents, members of judicial committees, presidents, vice presidents, judges and assistant judges of special people's courts such as the Supreme People's Court, local people's courts at various levels and military courts. The duty of a judge is to solve disputes according to laws and facts, resolve contradictions and disputes, safeguard the correct implementation and dignity of the law, and safeguard social fairness and justice. However, the obligation of a judge is to take facts as the basis and the law as the criterion to safeguard the legitimate rights and interests of both parties. All the actions of a judge should be within the scope permitted by law, otherwise it is illegal and will be investigated by law.
According to the Lawyers Law of People's Republic of China (PRC), a lawyer refers to a practitioner who has obtained a lawyer's practice certificate according to law, accepted entrustment or assignment, and provided legal services to clients. Lawyers should safeguard the legitimate rights and interests of the parties and correctly implement the law and social fairness and justice. The duty of a lawyer is to exercise the right of agency, defense and investigation and evidence collection within the scope authorized by the parties. All his actions are within the scope of authorization, and his agency and defense opinions expressed in court are not subject to legal investigation, except those that endanger national security, maliciously slander others and seriously disturb the court order. The lawyer's duty is to assist the judge to find out the facts of the case, exercise the power of agency and defense according to law, safeguard the legitimate rights and interests of the clients he represents and safeguard the dignity of the law. As can be seen from the above, the duties and obligations of judges and lawyers are different. Judges directly exercise judicial power according to the Constitution and laws, and are in the position of intermediate judges, safeguarding the legitimate rights and interests of both parties, the dignity of the law and social fairness and justice, while lawyers, on the basis of the entrustment of the parties, assist the judges to safeguard the legitimate rights and interests and fairness and justice of the party they represent within the scope permitted by law.
Second, the relationship between the two.
Judges and lawyers play an important role in safeguarding judicial justice and protecting the legitimate rights of parties. The relationship between them is not isolation, tension, opposition and prevention, but mutual cooperation, understanding, tolerance and communication. Although judges and lawyers play different roles in legal activities, they are both legal persons. In their respective practice, they should keep the bottom line, share a responsibility and realize benign interaction. Therefore, we should make great efforts in perfecting the system, advocating honesty, strengthening communication and mutual supervision. Bacon, a famous British thinker, said: the relationship between judges and lawyers should not be too close, otherwise it will inevitably be suspected of injustice. But the relationship between them is not estrangement, but understanding; Not nervous, but negotiation; Not confrontation, but tolerance; Not prevention, but communication. Although judges and lawyers play different roles in legal activities, they are both legal persons. In their respective practice, they should keep the bottom line, share a responsibility and realize benign interaction.
Perfecting the system is the premise of building a benign interactive relationship between judges and lawyers. Further perfecting and implementing the lawyer's practice guarantee system and judicial independence system is the premise of rationalizing the relationship between judges and lawyers. First of all, we should establish the status and rights of lawyers from the judicial system to ensure that lawyers' opinions are fully expressed and listened to. Secondly, it is necessary to ensure that the people's courts independently exercise judicial power according to law, reform the current court financial allocation system, cancel the court administrative level, and prevent judicial administration, and so on.
Advocating honesty is the basis of constructing a benign interactive relationship between judges and lawyers. Judges and lawyers are not natural in-laws, nor natural enemies. They are both legal persons. Guanzi said: Honesty is the knot of the world. It means that honesty and credit are the ties that connect all people in the world. Zhou Qiangti, Dean of the Supreme People's Court >>
Question 4: In addition to the leaders, the municipal court also has the political department, office, hunger inspection room, party committee, research room, filing court, criminal court I, criminal court II, people's court I, people's court II, people's court III, administrative court, executive court (bureau), forensic room, compensation room, trial supervision court, judicial police force and packing room.
Question 5: What does the judge mean by asking for a settlement agreement? Then write if you agree to a settlement, or don't write if you disagree. The settlement agreement has no legal effect. Even if you do, you can go back on your word and sue.
Question 6: How do lawyers handle the relationship with judges? Let me answer you. In our country, lawyers all express their obedience to judges. At present, the lawyer's lawsuit is not your mastery and application of the law. This is not the point, but about your relationship with the judge and the court where the judge is located.
How to deal with this relationship, alas. . . . . Don't want to talk about it. . . . . . Yes, everyone knows.
Question 7: The Department Responsibility Filing Court of Hangzhou Intermediate People's Court registered and filed all kinds of cases accepted by our hospital according to law; Carry out pre-litigation property preservation, pre-litigation evidence preservation, litigation preservation and pre-execution according to law, hear cases of jurisdiction objection in first and second instance according to law, handle cases of jurisdiction dispute in grass-roots courts, and hear cases of first and second instance that are not accepted; Accounting for litigation expenses paid in advance by the parties; Responsible for judicial assistance and letters and visits; Process management of various cases in our hospital: supervise and guide the filing work of grass-roots courts; Handle other related filing matters. The first court of civil trial hears disputes over marriage, family, personal rights, real estate and related contracts in the first and second trials according to law, as well as related foreign-related cases involving Hong Kong, Macao and Taiwan and cases applying for cancellation of arbitral awards; Supervise and guide the relevant civil trial work of grass-roots courts; To guide the work of the people's courts; Handle other related civil trial matters. The second court of civil trial hears the first and second instance contracts, securities and bills disputes, infringement disputes and related cases applying for cancellation of arbitral awards according to law; Supervise and guide the relevant civil trial work of grass-roots courts; Handle other related civil trial matters. The third court of civil trial shall hear intellectual property rights and related foreign-related cases involving Hong Kong, Macao and Taiwan in accordance with the law, and handle relevant preservation work; To hear foreign-related commercial cases of first instance and commercial cases involving Hong Kong, Macao and Taiwan; Handle other related intellectual property rights and foreign-related commercial trials. The first court of criminal trial hears criminal cases of first and second instance, such as crimes against national security, crimes against public security, crimes against citizens' personal rights and interests, crimes against social management order and crimes against national defense interests; Supervise and guide the relevant criminal trial work of grass-roots courts; Handle other related criminal trial matters. The second criminal trial court tries criminal cases of first and second instance, such as crimes against the socialist market economic order, crimes against property, crimes of corruption and bribery, and crimes of dereliction of duty. Trial of juvenile criminal cases; Supervise and guide the relevant criminal trial work of grass-roots courts; Handle other related criminal trial matters. The third court of criminal trial hears cases of commutation and parole according to law; Handle other related criminal trial matters. Administrative courts try administrative cases of first and second instance according to law; Examining cases where administrative organs apply for compulsory execution; Handling administrative compensation cases; Supervise and guide the administrative trial work of grass-roots courts; Handle other related administrative trial matters. The office of the Compensation Commission shall handle the state compensation cases accepted by the Compensation Commission according to law; To implement the matters decided by the Compensation Commission; Handle other relevant state compensation matters. The trial supervision court handles appeals of criminal, civil and administrative cases and applies for retrial cases according to law; To hear criminal, civil and administrative retrial cases according to law; Responsible for the quality inspection of cases in our hospital; Supervise and guide the trial supervision of grass-roots courts; Handle other related matters of trial supervision. The executive board shall lead, supervise and manage the implementation of the courts in the whole city; To execute legally effective civil and administrative judgments, rulings, conciliation statements, civil sanction decisions, payment orders and decisions on property in criminal incidental civil judgments, rulings and conciliation statements according to law; To execute other effective legal documents stipulated by law to be executed by our court; Handle other related execution matters. The judicial police detachment is responsible for the judicial police work in our hospital, guiding, directing and coordinating the judicial police work in grass-roots courts; Responsible for the safety and security of major emergencies; Responsible for guarding the court and the court on duty, guarding and escorting criminal suspects and defendants; Execution of summons, summons and detention; Serving relevant legal documents; Participate in the judgment of the sealed-up, distrained, frozen or confiscated property; Execute the death penalty; Managing the weapons and other equipment of the judicial police; Carry out professional skills training for judicial police; Perform other duties as prescribed by laws and regulations. The judicial administrative equipment management office is responsible for the planning and financial work of the city's courts and the management of special materials and equipment such as vehicles and clothing; Responsible for the construction of people's courts and trial courts, and supervise and guide the management and use of legal fees; Responsible for the funds, fixed assets, judicial administration and daily safety management affairs of the organs of our hospital; Handle the external reception work of our hospital; Handle other related judicial administrative equipment matters. Judicial expertise section is responsible for judicial expertise and related technical work in our hospital and grass-roots courts; Assist the judge to examine and identify relevant evidence; To be responsible for the appraisal and entrusted appraisal of cases requiring judicial appraisal in the process of trial and execution; To carry out the business and technical exchanges of judicial appraisers in the city's courts; Handle other related matters of judicial expertise. The cadre and personnel department assists local party committees in inspecting and managing the leading bodies of grass-roots courts; To handle the appointment and dismissal of personnel submitted by our hospital to the Standing Committee of the Municipal People's Congress for deliberation; Undertaking our hospital ... >>
Question 8: Organizational structure and staffing of grass-roots courts Article 18 of the Organic Law of People's Courts A grass-roots people's court consists of a president, vice presidents and several judges.
The basic people's court may establish a criminal court, a civil court and an economic court, with a president and a vice president.
Article 19 The basic people's court may establish a number of people's courts according to the region, population and cases. The people's court is an integral part of the grass-roots people's court, and its judgments and rulings are those of the grass-roots people's court.
Article 20 Basic people's courts try criminal and civil cases of first instance, except as otherwise provided by laws and decrees.
When the basic people's court considers that the criminal and civil cases it accepts are serious and should be tried by the people's court at a higher level, it may request to be transferred to the people's court at a higher level for trial.
Question 9: Is the Notice of Assistance in Execution issued by the presiding judge of the court or by someone from the executive board? China's civil procedure law stipulates such an execution mode. In the basic courts, if the case tried by the court office is handed over to the executive court or the executive board, the executive court or the executive board will issue a notice of assistance in execution.
If the case is tried by the sending court and executed by the sending court itself, then the cooperation issued is issued by the sending court.
The same is true of the Intermediate People's Court and the High Court, but the High Court generally does not send courts, and some Intermediate People's Courts still send courts.
Therefore, not all enforcement assistance notices are issued by the executive court or the executive board.
Question 10: General Department of Dalian Intermediate People's Court 1. Responsibilities of the Organization Cadre Office (formerly the Cadre Personnel Office) 1. Responsible for the implementation and supervision of the affairs and decisions of the party group meeting; 2 responsible for the party building work of the city's courts; 3. Responsible for the management and assessment of middle-level leading bodies and cadres in our college; 4 responsible for the selection, management, training and use of reserve cadres in our hospital; 5. Responsible for the performance appraisal and deployment of judges and cadres in our college; 6. Be responsible for the rank evaluation, promotion evaluation and declaration of judges and cadres in our college; 7. Responsible for the submission and reporting of the appointment and removal of judges and cadres in our hospital; 8. Be responsible for the adjustment of the organization, staffing and departmental responsibilities of our college; 9. Be responsible for the recruitment, selection and employment of judges and cadres in our hospital, and assist primary hospitals; 10. Responsible for the establishment management of institutions directly under our hospital and the assessment, appointment and removal of leading bodies; 1 1. Responsible for supervising and inspecting the work discipline and style of the judges and cadres in our college; 12. Responsible for assisting the grass-roots court team in specific work; 13. Responsible for assisting the establishment, court establishment, name change and cancellation of primary hospitals; 14. Responsible for the personnel file management of judges and cadres in our college. II. Responsibilities of the Judge Management Office (formerly the Basic Work Office) 1. Responsible for the pre-appointment review, re-appointment review, recruitment approval and reporting of judges in our hospital and primary hospitals; 2. Responsible for reviewing and reporting the grading, promotion and revocation of judges in our hospital and grass-roots hospitals; 3. Responsible for our hospital and grass-roots hospitals judicial police rank award, promotion, cancellation of the audit report; 4. Responsible for the issuance and daily management of judges' certificates, work permits and other documents of judges and other staff in our hospital and grass-roots hospitals; 5 responsible for coordinating the selection and management of people's jurors in the city's courts; 6 responsible for the city's courts in the line of duty to sacrifice the judge's declaration, pension payment; 7. Responsible for the related work of the office of the court judges' association and women judges' association in the city; 8. Responsible for the daily management of training and assessment of institutions and other employees in our hospital; 9. To be responsible for the salaries, benefits, allowances, retirement and dismissal of the judges and cadres in our college; 10. Responsible for the statistics and reporting of personnel information of judges and cadres in our hospital and grass-roots hospitals. Iii. responsibilities of the mission office 1. Responsible for guiding the ideological and political education of court cadres in the city; 2 responsible for the city's court training; 3 responsible for the publicity work of the city's courts; 4 responsible for the city's court collective and individual evaluation, reward, recognition and other work; 5. Responsible for organizing and coordinating foreign press conferences, interviewing, receiving and handling our hospital's affairs; 6. Responsible for coordinating the rotation training of departmental cadres in our hospital; 7 responsible for other publicity, education and training work assigned by the party group. Fourth, the duty of veteran cadres is 1. Responsible for organizing the work of the Party branch of retired cadres in our hospital; 2. Responsible for organizing the resettlement, medical treatment, newspaper subscription, health recuperation, visiting relatives and cultural and sports activities of retired cadres in our hospital; 3 responsible for assisting relevant departments to handle supplementary wages, welfare funds and subsidies for retired cadres, and visiting retired cadres; 4 responsible for handling the funeral and aftermath of retired cadres in conjunction with relevant departments; 5 responsible for other work related to retired cadres. V. Responsibilities of the Party Committee of the organ 1. Responsible for the ideological, organizational and work style construction of the party organizations in our hospital; 2. Be responsible for organizing and arranging the affairs of the democratic life meeting and study meeting of the central group of the party group in our hospital; 3. Responsible for the evaluation of institutional objectives; 4. Responsible for organizing and arranging related activities of workers, women and youth league organizations; 5. Responsible for the development planning and implementation of party member; 6. Responsible for the family planning work in our hospital. Intransitive verb office duties 1. Responsible for the organization and decision-making supervision of the president's office meeting and hospital affairs meeting; 2. Responsible for the organization and arrangement of important meetings and activities in our college, and undertake the arrangement and compilation of meeting minutes; 3. Responsible for the dean's letter reply and assigned, supervision; 4 responsible for the supervision of matters assigned by the higher authorities and leaders; 5. Responsible for drafting and submitting notices and quarterly reports to the Provincial Academy and the Supreme Court; 6. Responsible for the management of sending, receiving, transferring and borrowing documents in our hospital; 7. Responsible for the confidentiality of our hospital; 8. Responsible for the management and use of hospital seals and impressions; 9. Responsible for the numbering, printing and sending of party group and hospital documents; 10. Responsible for the reception of higher authorities and foreign units to our hospital; 1 1. Responsible for the printing work of our hospital; 12. Responsible for the administrative duties of our hospital; 13. Responsible for the dispatch and management of hospital official vehicles; 14. Responsible for the management of the guest house; 15. Other work assigned by the Dean. Seven. Responsibilities of judicial administrative equipment department 1. Responsible for the financial work of our hospital; ① Responsible for the annual financial expenditure budget of our hospital ... >>