(a) as the case handler, or designate other members of the collegial panel as the case handler;
(2) Organizing members of the conference court and relevant personnel to prepare for the trial and related work;
(3) presiding over court trial activities;
(4) Presiding over court meetings, examining cases and making judgments;
(five) for major difficult cases and cases with major differences of opinions of the collegial panel, they shall be reported to the president for approval in accordance with the prescribed procedures and submitted to the judicial committee for discussion and decision;
(6) Examining and issuing litigation documents according to the prescribed authority;
(seven) to complete other judicial work according to law.
Responsibilities of staff
The clerk shall perform the following duties:
(a) to handle the daily work in the process of pre-trial preparation;
(two) to check the appearance of the participants in the proceedings and announce the court discipline;
(three) as a record in the trial process;
(four) sorting, binding and filing files;
(five) to complete other daily work assigned by the judge.
Duties of jurors:
Examining the materials of jury cases;
Participate in case investigation;
Participate in the collegiate bench to hear cases or mediate cases;
Participate in case review.
People's jurors have the right to put forward opinions and suggestions to the president or the judicial committee under any of the following circumstances:
Judicial activities violate legal procedures;
It is believed that the determination or handling of the facts of the case is indeed wrong or obviously unfair and cannot be resolved in a collegiate bench;
The judge fails to perform his duties according to law;
The judge has other violations of law and discipline.
The duties of defense lawyers
When a lawyer acts as a criminal defender, he shall, according to facts and laws, put forward materials and opinions to prove that the criminal suspect or defendant is innocent, the crime is light, or his criminal responsibility is reduced or exempted, so as to safeguard the legitimate rights and interests of the criminal suspect or defendant.
In the court debate stage, the defense opinions should be analyzed and demonstrated from different aspects such as whether the facts are clear, whether the evidence is sufficient, whether the applicable law is accurate, and whether the proceedings are legal, and put forward opinions and reasons for the conviction and sentencing of the case.
/Law/
Measures for the administration of clerks of people's courts (for Trial Implementation)
In order to establish a team of full-time clerks of the people's courts and realize the scientific management of clerks, these Measures are formulated in accordance with the Organization Law of People's Republic of China (PRC) and the Judges Law of People's Republic of China (PRC).
Article 1 A clerk is a transactional assistant in judicial work and works under the guidance of a judge.
Shop assistants implement separate sequence management.
Article 2 A clerk shall perform the following duties:
(a) to handle the daily work in the process of pre-trial preparation;
(two) to check the appearance of the participants in the proceedings and announce the court discipline;
(three) as a record in the trial process;
(four) sorting, binding and filing files;
(five) to complete other daily work assigned by the judge.
Article 3 A salesman must meet the following conditions:
(1) Having China nationality;
(2) Supporting the Constitution of People's Republic of China (PRC);
(3) Good health, at least 18 years old;
(4) Having good political and professional qualities and professional skills in clerical work;
(5) Having a college degree or above.
If it is really difficult to adapt to the academic qualifications stipulated in Item 5 of this Article, with the approval of the Higher People's Court, the academic qualifications of serving as a clerk may be relaxed to senior high schools and technical secondary schools within a certain period of time.
Article 4 The following persons shall not serve as clerks:
(1) Having received criminal punishment for committing a crime;
(2) Being expelled from public office;
(three) suspected of violating the law and discipline is under review, and no conclusion has been reached.
Article 5 After the promulgation of these Measures, the newly employed clerks of the people's courts shall implement the appointment system and contract management.
The implementation of the appointment system and contract management for clerks refers to the conclusion of employment contracts between the people's courts and workers in accordance with the law and these measures. During the validity period of the contract, both the people's court and the laborer shall perform the provisions of the contract. After the employment contract is dissolved or terminated, the two parties terminate the employment relationship, and the employee no longer has the status of a national staff member and no longer performs the duties of a clerk.
Article 6 Unless otherwise provided by laws, regulations and employment contracts, the rights and obligations, education and training, assessment, rewards and punishments, resignation, complaint, promotion and demotion of clerks of people's courts, etc. According to the relevant provisions of the state civil servants.
The salary, insurance and welfare system for the clerks appointed by the people's courts shall be formulated separately by the state.
Before the promulgation of the relevant provisions of the state, the basic salary of the appointment clerk of the people's court can be implemented with reference to the provisions of the state civil servants, and other wages and benefits can be temporarily handled by the local government according to the actual situation in the region. After the promulgation of the relevant provisions of the state, the wages, insurance and welfare benefits of the clerks appointed by the people's courts shall be implemented in accordance with the unified provisions of the state.
Article 7 The people's court shall, within the staffing approved by the state, determine the specialized staffing of clerks according to the proportion of clerks. When the court employs or transfers other staff, it shall not occupy the special establishment of the clerk for any reason.
The proportion of clerks shall be stipulated separately by the Supreme People's Court.
Article 8 The clerks newly hired by the people's courts shall be appointed through examination and assessment in accordance with the principles of openness, equality and competition.
The Supreme People's Court and local people's courts at all levels are respectively responsible for the examination of the appointment of clerks by the central and provincial departments in charge of examination and recording.
Article 9 The people's court shall sign an employment contract when appointing a clerk.
The term of an employment contract is generally three to five years, and it can be renewed at the expiration. If the clerk has worked in the same unit for ten years continuously and the legal retirement age is less than ten years, and both parties agree to extend the employment contract, and the clerk proposes to conclude an employment contract with no fixed term, the people's court shall conclude an employment contract with him.
The probation period for new employees is one year.
The text of the employment contract shall be formulated by the Supreme People's Court.
Article 10 In any of the following circumstances, the people's court shall terminate the labor contract:
(a) a serious violation of the relevant provisions of the civil service management or the rules and regulations of the people's court;
(two) serious dereliction of duty, corruption, causing great damage to fair justice;
(3) Being investigated for criminal responsibility according to law;
(four) incompetent during the probation period;
(5) Other circumstances in which the employment relationship shall be terminated according to laws and regulations.
Article 11 Under any of the following circumstances, the people's court may terminate the labor contract, but it shall notify me in writing 30 days in advance:
(a) illness or non-work-related injuries, unable to engage in clerical work after the expiration of medical treatment;
(two) the annual assessment is determined to be incompetent, and is still incompetent after passing the training;
(three) changes in state institutions, adjustments, the need to reduce staff;
(four) to participate in all kinds of full-time study and training without the approval of the unit, and still can not work normally upon the request of the unit;
(5) Other laws, regulations or contractual stipulations.
Article 12 Under any of the following circumstances, the people's court may not terminate the labor contract according to Article 11 of these Measures:
(1) Female employees during pregnancy, childbirth and lactation;
(2) Being injured in the line of duty and being confirmed to have lost or partially lost the ability to work after the end of treatment;
(3) Other circumstances stipulated by laws and regulations.
Thirteenth appointment clerk has any objection to the people's court's dissolution of the appointment relationship, and may file an arbitration with the local personnel department.
Article 14 An appointed clerk may resign or terminate the employment contract, but he shall notify the local people's court in writing 30 days in advance.
Article 15 The clerk of a people's court may be promoted to the official level in accordance with regulations. The highest level of clerks of people's courts at all levels is equipped with:
The highest level of the clerk in the Supreme People's Court is the director level.
The highest level of the clerk of the higher people's court is the deputy division level.
The highest level of the clerk of the intermediate people's court is the official section.
The highest level of the clerk of the basic people's court is the deputy department level.
The rank of some clerks in the intermediate people's courts and basic people's courts of municipalities directly under the central government and sub-provincial cities may be slightly higher than the provisions in paragraphs 4 and 5 of this article.
Sixteenth clerk positions in the people's court where the number of non-leadership positions to solve.
Seventeenth in addition to the provisions of these measures specifically applicable to the appointment system of clerks, other provisions are not only applicable to the appointment system of clerks, but also applicable to the clerks officially employed by the people's courts within the approved establishment of the state before the implementation of these measures.
Eighteenth China People's Liberation Army military court clerk management measures shall be formulated separately.
Nineteenth approach by the Supreme People's Court is responsible for the interpretation of.
Article 20 These Measures shall be implemented as of the date of promulgation.
On June 27th, 2003 (10), the Measures for the Administration of People's Court Clerks (for Trial Implementation) stipulated that from now on, newly hired people's court clerks would break the "iron rice bowl" and implement the appointment system. At the same time, it broke the promotion mode from "clerk" to "assistant judge" and then to "judge" in the past, and the appointment clerk implemented separate sequence management and no longer transitioned to judge.
Responsibilities are mainly court records.
The "Administrative Measures" clarify that the duties of clerks are auxiliary personnel in judicial affairs, mainly court records. The appointed clerk is a national staff member who is employed as a clerk by signing an employment contract with the court within the formal establishment of the court. Clerks must have a college degree or above. However, where there are difficulties, this condition can be relaxed to senior high schools and technical secondary schools within a certain period of time.
The level can be upgraded to full-time position.
According to the new method, the appointed clerk can be promoted to the rank normally according to the regulations. The highest level of clerks in the Supreme People's Court is the official department level, the highest level of higher people's courts is the deputy department level, the highest level of intermediate courts is the official department level, and the highest level of grass-roots courts is the deputy department level.
Bookkeeper's responsibility
First, under the guidance and command of the judge, the clerk is responsible for completing the auxiliary work in the trial and execution. The specific work is as follows:
1, which is responsible for receiving new cases from the filing court and registering them in the court closing account;
2. Responsible for all kinds of records, such as filing records, inquiry and investigation records, collegial panel records, sentencing records, execution records, etc.;
3. Responsible for the printing and proofreading of legal documents;
4. Responsible for serving various legal documents;
5. Assist judges to do a good job in litigation preservation, pre-execution and enforcement;
6. Cases that should be deducted for legal reasons such as suspension or extension shall be submitted to the filing court for registration in time;
7. Responsible for sorting and binding documents;
8. Responsible for closing the case. Before closing the case, fill in the Case Flow Information Form and the Case Transfer Form, make a floppy disk of closing documents, and transfer the litigation fees received in advance according to the actual amount or submit them to the filing court for extension of examination and approval procedures;
9. Responsible for cleaning the courtyard;
10, complete the task of research information publicity;
1 1, other tasks assigned by the president and judges;
Second, the working standards of the clerk:
1, making transcripts should be standardized in format, complete in content, clear in handwriting, fluent in arts and sciences, clear in paragraphs and accurate in checking;
2, sorting, binding documents should be complete materials, order specification, binding firm, neat;
3. Keep the court environment clean and tidy, free of dust, paper scraps, cigarette butts and other sundries;
4. Read the case file before the trial, understand the case, arrange the court, announce the court discipline, check the parties, and report to the presiding judge;
5. Other relevant matters handled meet the requirements.
According to Article 40 of the Organization Law of the People's Courts of People's Republic of China (PRC) adopted by the Standing Committee of the Tenth NPC of People's Republic of China (PRC), people's courts at all levels shall set up clerks to record the trial and handle other matters related to the trial. This article stipulates the duties and functions of the clerk in the form of legislation. According to the provisions of Article 2 of the Measures for the Administration of People's Court Clerks (Trial) adopted by the Central Organization Department, the Ministry of Personnel and the the Supreme People's Court, the clerk shall perform the following duties: (1) Handling the daily work in the process of pre-trial preparation; (two) to check the appearance of the participants in the proceedings and announce the court discipline; (three) as a record in the trial process; (four) sorting, binding and filing files; (five) to complete other daily work assigned by the judge.