Just before graduation, with an internship opportunity through internships, I understand the whole process of court proceedings, a few years to consolidate and test the knowledge of university study, some cases have come to their own ideas, but also with the court you teachers to establish a good relationship, enhanced ability to interact and these make me richer social experience, vision and more open, can be described as benefit.
During the internship, I mainly do the following things:
1, writing legal documents such as proof notice, the respondent notice, court summons, etc. Now I know that the burden of proof notice is issued to the plaintiff and the defendant, while responding to a notice is issued to the defendant all of the instruments in duplicate, one to the party, save another court, each book a printed proceedings, judgments, etc. must be stamped "with the original check is no different," the words of the chapter, and to cover the court's official seal to the office and then I am also responsible for the presentation of these documents, proofreading, printing, etc. This has taught me to court and procedural rigor, and the use of computer scheduling a class of things is letting me know to acquire the relevant information, knowledge and skills necessary .
2, contact the parties in this period I often call the contact calls and reception parties or other participants in the proceedings every time the hall to the party filing the relevant documents or clients served, deeply appreciate to a legal person is someone are respected, first I am facing the speaker asked, "Who is ...", when someone answered, I have to do is check his identity, "Please show your ID card." It made me realize that as a legal workers should not only have the expertise, should also have the social skills and the quality of patient enthusiasm.
3, sorting files in the teacher's guidance, I learned to organize files. Dossier sub-and sub-volumes are volumes: Volume is the full court on the case, Vice discussions of reason, etc., is to look inside the court, the parties and their agents is absolutely invisible, including filing documents in the volume is, the complaint, responding to pleadings, service back to the evidence, court transcripts, cross-examination transcripts, evidence provided by both parties, etc., is to give the parties and their agents to see. files can not be taken away from the court, scoring should be promptly returned after the case the judge or clerk. dossier according to the order of finishing, including internal documents, fill out the cover, bound, put the seal, seal and other clerks working in the finishing dossier process, I generally take a case handling process. at the beginning feel a little boring, very boring, and then slowly recognizing organize files is a very important thing, which is the key to understanding the merits of each case is the best opportunity to access various types of cases. When I review very carefully the inspection and finishing off a condensed books workflow court files, I gradually learned about the specific work of the courts, and judges handling ideas.
4, to attend the case in the court practice, the biggest convenience is that you can always go to attend the trial, I have seen vary in the trial and imagination: the court is not big, not seen on television as majestic style, the atmosphere is not very intense, there is no confrontation when the court lawyer, colorful scenes of the trial time is very short, usually no more than three hours. Nevertheless, in the course of the gallery, I learned a lot, just feel so true expertise is not enough, in strengthening the theoretical training at the same time, need to accumulate more practical experience in handling cases and social experience. Because young and fit, easy to take for granted a lot of things, the feel of things. But the lack of reason and experience, it is easy to make mistakes when doing so as a judicial workers, we must have a high quality cultural training and the legal profession, but also must keep a clear reason, and continue to accumulate experience.
5, do the records of the case I had the privilege to play through case records, usually never participated in shorthand in the exercise, not only the mind no less than all of the content, writing altered powerful, and can not grasp the true contents of the record, last or in the teacher's help re-write it again, so that both parties sign it. accurately the basic skills of listening to the clerk of court is now doing well can be forgiven, but really took positions in the future, only by himself. the usual work can cope with, but the quiz record let me see his own shortcomings, should develop their own operational aspects of the practical ability.
6, follow the guidance of a teacher to do out of court mediation, which is a divorce case, the man went to prison for robbery, the man that the woman was having an affair parents, elderly people can not stand the woman suspected, firm filed for divorce. The man let the woman's parents to see children, the woman is really no way to ask the judge to lead the children to see together. we went to, the child clinging to her mother's legs at once, my mother pulled the baby in her arms, kissed her mother and pro, tears can not help but fall down, the man the mother of our hospitality, table of hot water, a dish of millet, which is the village's custom. mother and baby to play with, a table of friends and family watched from a distance came a smile, and I do , hugging my files, it is the responsibility of the clerk. watching the scene, can not help but tears, who is also a stable harmonious family ah, great people downtown, but it is the last bitter child!
Month internship, so I accepted the circumstances of the case to the Court have a general understanding of Luyi County People's Court case focused on the following categories:
1, a divorce dispute. In general, if not the first time under the marriage law of divorce that few, if one has gambling, drug abuse and other bad habits do not change, there is abandonment, abuse of family members, the couple separated two years and other mandatory requirement, the first instance After the decision is rejected by the mediation fails, the plaintiff's divorce request, but if after six months and then for the same reason the plaintiff filed for divorce, court proceedings if the mediation fails, usually decision support divorce, so divorce is now a very simple matter , once accomplished, again quasi-line. After the usual discussion and judges who heard the case and some of his own, read the files, I found that divorce cases there are some new features: ① relatively short time of marriage, the divorce rate has been relatively high. ② 30 years of age the majority of divorce. ③ the proportion of women than men proceedings. organize files in 10 divorce cases, nine of which brought the woman, which reflects the increased awareness of women's rights today, advancement . ④ party does not appear in court, legal instruments, to take public notice of the increase. ⑤ more because of family conflicts caused by divorce. more focused on migrant workers, and are filed in divorce shortly after the Spring Festival.
2, road traffic accident case and the case in common: First, the victims and their families to enhance awareness of rights according to law, the case grew larger. Second, the plaintiff claims the amount is high, the amount awarded is relatively low. Third, the mobility of vehicles and personnel large the Court accepted the case, served a copy of complaint, notice of proof, court summons more difficult, which directly affect the progress of the trial of the case, increasing the difficulty of the case hearing, the trial period is relatively long. Fourth, the decision rule to determine the civil liability do not place the phenomenon prominent. Court of such cases, most of the perpetrators can not afford the amount of damages or compensation for the two sides did not reach consensus, the traffic police department mediation fails, and this seriously affected the interests of the parties and judicial authority.
3, the labor contract disputes in the court hearing the case with regard to labor contracts, found in the course of the debate, the employer's agent always stressed that employers and workers is the relationship between labor relations or employment relationship, workers agent is stressed labor relations, labor contract is a fact that no sign of labor relations, so I visited their Internet search a bit different:
(A point of view from the main body of the contract: the party of labor relations to be the employer, that organs, enterprises, economic organizations, social organizations or individuals, the other is the individual workers, labor relations between the two sides may have been personal, or both is the unit, it may be one unit, one is personal.
(Two from the employment relationship between the two terms: labor relations, workers and employers have affiliation to accept the employer's management to comply with rules and regulations of the employer, the employer engaged in the distribution of work and subject to the employer's personnel arrangements, labor relations between the two sides is the subject of an equal relationship between the workers only by about providing services, labor only by those who agreed to be paid, they do not have affiliation, there is no management and managed, the right of domination and being dominated and obligations.
(Paid in the form of three from the point of view: the way labor relations are generally paid a monthly payment of wages, there are laws, labor relations, or by multi-stage one-time payment by installment, there is no certain pattern.
(Four from the application of the law point of view: labor relations disputes arising between employers and workers dispute, should be to adjust the labor law, labor relations disputes arising from the subject of equality between the parties arising in the performance of the contract disputes should be resolved to adjust the civil law.
Practice in the courts of life, there is tension, excitement, a busy, there are serious! I not only learn the knowledge, but also a lot of growth in knowledge, but also found that the rule of law, there are some defects and shortcomings:
First, today's Chinese society, the judiciary generally have a high professional quality, but often an indication of leaving because of the higher dilemma. Look forward to in the near future, known as "world power" of China, the judicial power and executive power can truly separate judicial status into a new level.
Second, the trial court, the atmosphere casual Marshals phone ringing off the hook, brazenly calls, free access to certain non-related personnel, completely disciplined expense of home court, abandoned the dignity of law to nothing.
Third, the process of building the rule of law, legal education is extremely important, because some people do not understand law and violate the law, there are some people lack the most basic legal knowledge and to ask some awkward issues, we endless stunned the court sentence is not just a punishment, which they should fix people's ideas of education, behavior, good deeds are guiding people to the land.
Time flies, time flies! In a flash, practice is over at this time, I deeply feel the law in an important position in our lives this month internship experience will be unforgettable memories in my life, but also a valuable asset.