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Summary of judge's job training
The work of a judge during his internship includes a lot. Doing a good job summary is conducive to planning your own work direction. The following is a summary of the job training for judges, for reference only!
Chapter one: Overview of the work of judge probation.
First, the first impression of Zhoushan
In July, 20 * *, I was lucky enough to participate in Zhoushan, Zhejiang? Hundreds of doctors and masters entered Dinghai? Project, across the ocean to the beautiful island city of Zhoushan. The bus slowly pulled into the dock, and we got off and boarded the passenger ship. Along the way, the seascape is vast and ethereal, the islands are undulating and the clouds are low. Clouds follow the island, and the island is close to the water, giving people a feeling of being in the painting. The passenger ship landed slowly, and my classmates and I set foot on the land of this island excitedly, feeling the leisurely and refreshing of this island. Compared with the hot and dry weather in Shanghai, the climate in Zhoushan is very pleasant. No matter how hot the sunshine outside is, as long as there is shade, it will feel particularly cool, because the wind there is also cool.
Our first destination was Zhoushan Friendship Hotel. Relevant leaders of the Organization Department of Zhoushan Municipal Committee held a grand welcoming ceremony for our students from various universities and gave us warm hospitality. Then the organization department of Dinghai District Committee and affiliated units held a warm welcome meeting for us the next day, and made specific arrangements for our next work and life. We are deeply moved and encouraged by the concern and attention of municipal leaders. So I told myself that I must study hard and work hard in the following days.
Another classmate and I were assigned to the Dinghai District People's Court, saying it was a temporary job, but actually we came to study. I just arrived at the stadium, full of enthusiasm. Although I have never worked in the court, and I don't know much about the court's workflow, I am full of confidence in everything and have a strong thirst for knowledge. I believe that as long as I communicate with judges and clerks more, I will ask them for advice if I don't understand anything, and then I can quickly adapt to the work here in a short time. When we first entered the court, the first person to receive us was Director Lu of the Political Department. After briefly introducing us to the relevant situation of the court, he led us to visit various departments of the court and became familiar with the work of relevant departments. At the same time, Song Dean of Dinghai Court also warmly received us. Considering our ignorance of the local language and the actual situation faced by the court, the court finally decided to arrange us to work in the court office first, and then arrange some trial work for us when appropriate. After defining our work and goals, we can get into our work smoothly.
Second, work practice: information publicity, online comments, research reports, system drafting, trial records, case discussions.
(1) Review information publicity and online selection. In the first week of work, I began to contact information publicity. Information disclosure is a routine function of the office. Writing and distributing information drafts and writing publicity materials are also routine work contents of information disclosure, involving the editing, writing and forwarding of court-related information drafts. Information disclosure is not only a platform for information dissemination within the court, but also a window for external contact and publicity of the court. During this process, Sister Xiaohe and Deputy Director Jiang Ping gave patient guidance and help to the format and requirements of information publicity, which enabled me to get familiar with related work smoothly and get started quickly. Within a week, I sorted out and distributed some information propaganda articles, some of which were also published by local media.
While continuing to sort out and distribute the information propaganda draft, we started the online excerpts and comments for nearly half a month, so the first thing we do every morning is to browse the major websites, search for all kinds of information, sort it out and then forward it, probably because we haven't understood the taste of the leaders of the High Court, and the adoption rate of the forwarded online excerpts is relatively low. After a review, we adjusted our working ideas before making a slight improvement.
(2) Drafting of research report and system. During our temporary employment, we completed three research reports and a draft system together. The first research report is about the court's fight against corruption and promoting honesty. In this report entitled "Promoting the Construction of Anti-corruption and Building a Clean Government with Institutional Innovation as the Core", from the perspective of institutional innovation, we combine the implementation of the system with the implementation supervision to make a dynamic investigation around a series of systems formulated by Dinghai Court, and form an innovative system of anti-corruption and building a clean government with the supervision office as the core. Combined with the actual effect of court execution, relevant research was carried out, and a large number of data were consulted for horizontal and vertical comparison, which finally made this research report successfully completed.
The second research report is about the unification of legal effect and social effect in judicial trial. We usually think that judges should make judgments based on legal facts when trying cases, but in some cases, the contents reflected by legal facts themselves are not equal to the objective reality itself. So in reality, whether the judge should make a judgment based on legal facts or objective reality actually reflects the conflict between legal effect and social effect. Especially under the special background that the court can actively administer justice, serve the overall situation, safeguard people's livelihood, maintain stability, maintain growth and promote harmony, the above problems are undoubtedly of great practical significance. So around the unity and conflict between legal facts and objective facts, after relevant research, I wrote a research article entitled "Wandering between legal facts and objective truth-on the influence of judicial trial on cultivating citizens' awareness of rules". The article holds that, based on the differences between Chinese and Western legal cultures, it is unrealistic to overemphasize legal effects and social effects under the current special background of China. Both of them will seriously damage the justice or legal authority of the case. Therefore, in order to truly achieve the unity of legal effect and social effect, it is ultimately necessary to start with improving citizens' awareness of rules. Therefore, it is undoubtedly an important starting point to improve citizens' awareness of rules and gradually realize the revision of a curve of citizens' awareness of rules through judicial trials.
The last research report is about how the court can effectively provide legal services for enterprises under the background of financial crisis. Under the financial crisis, the survival and development of enterprises are facing difficulties to varying degrees, and the healthy development of enterprises is directly related to the overall situation of people's livelihood, growth and stability. Therefore, around the practical work of Dinghai Court in handling enterprise-related cases, in the research report entitled "Providing high-quality legal services for enterprises to overcome the difficulties together", we summarized the services provided by the court for enterprises as major measures such as in-depth investigation, establishing a fast litigation channel, balancing the internal interests of enterprises, improving the early warning and prevention mechanism, and elaborated them in detail in combination with the actual operation effect. In the process of writing, we have done a lot of investigation, consulted and retrieved a lot of office materials, and described the current situation by comparing the data before and after.
While writing the investigation report, we also took over a new task, that is, we began to formulate the Emergency Plan for Online Public Opinion of Dinghai District People's Court, which is also based on the consideration that there have been many online public opinion incidents in China this year. In the process of drafting the scheme, we made necessary investigations on some situations involved in the internal working mechanism of the court and consulted relevant personnel, which finally made the drafting of the scheme go smoothly. The Emergency Plan consists of six chapters 19, which are divided into general rules and specific rules. The structure of chapters, articles and paragraphs specifies in detail all links from public opinion monitoring, public opinion report to emergency response, which has strong operability. Shortly after the plan was formulated, it successfully dealt with a negative online public opinion involving hospitals.
(3) About the trial record and case discussion. In our spare time, we never miss the opportunity to learn. Under the arrangement of Director Lu, we participated in a civil case tried by President Gu of the Administrative Court and made a trial transcript. Because there are few administrative cases accepted by the administrative court every year, some civil and commercial cases are diverted to the administrative court. After the trial, Dean Gu also gave guidance and comments on our trial records, and put forward suggestions for improvement, which benefited us a lot.
In the last week before departure, we also participated in the discussion of a house sale dispute case presided over by President Song, and made the trial record. The point of this case is whether the sales contract is valid. Because the seller sells the house through the agent, it is extremely important to find out whether the agent behavior is effective, which is also the key to handling the case. Due to the current trend of active justice and justice for the people, the handling of cases may pay more attention to unifying the legal and social effects of cases in order to find a balance point.
In addition, we often use our spare time to attend court trials, discuss related cases with judges, go to the filing court to learn about quick adjudication, mediation, and study case file binding. During our internship, our work is generally very fulfilling and enjoyable.
Third, the work feeling.
Although I came to Zhoushan for just over a month, it was a very unforgettable experience. During this period, I gradually became familiar with the work flow of the court, and also had a preliminary contact and understanding of the judicial operation of the court. I was also deeply impressed by my colleagues' serious and pragmatic working attitude. Although the work in the office seems monotonous and complicated, it creates a more relaxed and pleasant working environment because everyone gets along well. Everyone can cooperate with each other and cooperate with each other, which greatly improves the work efficiency and makes the office full of vitality.
When it comes to working feelings, I think it is necessary to talk about the following points: First, the function of the court. The judicial independence of the court should be taken for granted, but in reality, the policy and instrumental value of the court is too strong, and the judicial process is affected in many ways. On the one hand, justice should serve the people, on the other hand, it should serve the overall situation and even take the initiative to serve enterprises. From the tasks of some research articles we have taken over, it can be seen that under the guidance of this series of policies, the court seems to be more about the policy to carry out justice, and the value of justice itself cannot be demonstrated, let alone the so-called independence.
Secondly, the judicial process overemphasizes social effects, which leads to the first consideration in handling cases is not how to apply the law, but how not to cause social rebound. In this environment, the loss of legal authority and legal effect is inevitable.
Finally, it is about the system implementation of the court itself. In the course of my work, I found that in addition to some routine information release, the most common intranet is the newly released rules and regulations. Some of these systems are documents and notices issued by higher authorities, but more are some systems or regulations issued by Dinghai Court itself. It also exposes a prominent problem, that is, the execution of the system itself. I found that except for some documents issued by higher authorities, most of the systems formulated by the courts themselves gradually sank with the update of the pages, and the implementation was not satisfactory. The effectiveness of the system is not reflected in the overwhelming and meticulous regulations, but in whether the system can operate effectively and whether the behavior of relevant personnel can be adjusted and standardized. Personally, I think it is necessary to thoroughly clean up the previous system, do more research work in the process of introducing the new system to improve the feasibility of the system, and do a good job in publicity, implementation, revision and other related supporting work in the process of formulating and implementing the system.
Fourth, thank you
I would like to thank Director Lu of the Political Department for his help in life and work and share some valuable work experience with us. I would also like to thank Director Wang and Director Jiang of the office and two colleagues, Li Xingya, for their guidance and help in my work. I would also like to thank Cui Jia in the office for providing us with a lot of statistical data during the writing of the research report, which enabled our research work to proceed smoothly.
Finally, thanks to Zhoushan, a beautiful place, let me appreciate the vastness of the sea, the agility of Peach Blossom Island and the charm of Putuo Mountain.
Chapter II: Overview of the Judge's Probation.
Appointed by the party group of this institute, I had the honor to study in xx City Court from XX to XX in 20xx. In the meantime, I have a lot of personal feelings by participating in daily work. Here, I am willing to write an article with my colleagues in Qinghai, which is also a reward for my sincere help to my colleagues in xx.
First, the basic situation of the court where the seizure is located
I was assigned to the people's court of Xicheng District, xx City. Xicheng District People's Court is one of the basic courts in xx 16, which was formed by the merger of the former Xicheng and Xuanwu courts in August, 20xx. At present, the office is divided into two parts, the northern part is located at Houyingfang Hutong 1, and the familiar buildings around it are Jishuitan Hospital, xx North Station and Peking University People's Hospital. Adjacent to the All-China Federation of Industry and Commerce and the Song and Dance Troupe of the General Political Department. Chen Xiuyan, a special member of the * * * County Court, and I were arranged in the South District of Xicheng District Court, which is the Xuanwu District People's Court with an earlier history. Located at No.50, Banbuqiao Street, South Second Ring Road, it is adjacent to Caishikou Street in the north and Youanmennei Street in the south, with the famous Grand View Garden and Taoranting Park nearby, and one subway stop from xx South Station. Strictly speaking, the office of the Executive Board of Xicheng Court is in the third place, a bungalow 500 meters away from the South District, but there are still police officers coming to the South District for dinner.
The office buildings in North and South Districts have a building area of 55,000 square meters, including 1 17 Digital Court and 15 Conversation Room. The hospital formally established 12 trial business department,/kloc-0 business department and ***33 hospitals, departments, offices and teams. At present, there are 9 people in party member (7 presidents and vice presidents), and 79/kloc-0 people are judicial and other auxiliary personnel, including 51kloc-0/police officers, 0 165438 reporters, 42 bailiffs and 0 126 other auxiliary personnel. The average age of police officers in the hospital is 36 years old, and there are 342 people with bachelor degree or above, including graduate degree 17 1 person, accounting for 35% of the total number of police officers in the team.
Xicheng District is one of the functional core areas of the capital, covering an area of 50.70 square kilometers, with a registered population of 6.5438+0.358 million and a temporary population of 6.5438+0.46 million. Now it has 15 sub-district offices and 255 communities. There are four points in the positioning of Xicheng District: First, it is the political center. The State Council, the Central Military Commission, the National People's Congress and the Chinese People's Political Consultative Conference are all in Xicheng. There are 3072 central units in the region, including 59 national ministries and commissions; There are 42 units at or above the regiment level in the whole region; Municipal unit 1352. Government activities such as major national events, important conferences and foreign exchanges are mostly held in Xicheng. The second is the financial center. There are famous financial streets in the local area, just like Wall Street in the United States, China People's Bank, China Banking Regulatory Commission, China Insurance Regulatory Commission and China Securities Regulatory Commission? A line of three meetings? State-level financial supervision institutions are located here; Banks, insurance, telecommunications, electric power, oil, natural gas and other national financial institutions and large enterprise headquarters are mostly here; Foreign financial institutions such as Goldman Sachs and Royal Bank of Canada also have offices in Financial Street. There are more than 230 financial institutions in the jurisdiction, including 60 headquarters of state-owned commercial banks, joint-stock banks, fund companies, insurance companies and securities companies, 80 headquarters of enterprises directly under the central government, and more than 90 foreign-funded world-class financial institutions and international organizations. Due to the economic benefits of the headquarters, in 20 1 1 year, Xicheng District achieved a regional GDP of 230.2 billion, ranking first in xx; The annual local fiscal revenue was 28 1.5 billion yuan, and xx ranked third. The third is the business center. Xidan area is a famous business district, which is dominated by it. Xicheng has formed a large business circle including Xisi, Xinjiekou, Fuxingmen and Xiwai. There are 50 commercial enterprises with retail sales exceeding 100 million yuan, among which the retail sales of 9 department stores such as Xidan, Parkson, Zhong You, Hualian and Zhuangsheng sogou exceed 6,543.8 billion yuan. The fourth is an important tourist area with traditional characteristics. There are Shichahai Scenic Area, Liulichang Cultural Street, Tianqiao Performing Arts District, Dashilan Commercial District, many celebrities' former residences, royal temples, princes and nobles' official residences and other hot tourist areas in the area. In addition, Xicheng District is rich in education and health resources. It has a number of famous schools and gardens such as xx No.4 Middle School, No.8 Middle School, Experimental No.1 and Experimental No.2 Primary School and Beihai Kindergarten. There are Union Medical College Hospital, Guang 'anmen Hospital, Peking University Hospital, People's Hospital, Children's Hospital, etc. 16 tertiary hospitals and 2 1 8 characteristic hospitals. The amount of medical resources per 1000 population has reached the advanced level in the world.
Second, the experience in the work
The reason for introducing the regional location of xx Xicheng District is to attract more attention and let us have a clearer understanding of the formation and improvement of the work focus and concept of Xicheng District Court in the above environment. Xicheng District enjoys a superior geographical position, strong economic strength, prosperous financial and trade, profound historical background and distinctive humanistic characteristics. As the people's court of Xicheng District, it emphasizes the direction of efforts to build Xicheng District into a functional core area of the capital with more reasonable industrial layout, more perfect urban functions, more distinctive cultural characteristics, happier residents' lives, the ancient capital style and modern culture complement each other and meet the requirements of world cities.
1. There is a gap between software and hardware resources.
In the Xicheng District Court, I deeply feel that there are indeed some gaps in software and hardware resources between our two courts. It should be said that I went to the provincial and municipal intermediate courts. Compared with the remote or grass-roots courts in this area, the conditions are already good. However, Xicheng District Court, as the basic court in the central functional area of the capital, should exhaust the best resources of China courts in terms of hardware facilities. The same aspects such as monitoring and security inspection are no longer redundant, but the differences in details. I am in the Second People's Court of Southern District. There are 25 court staff, judges 1 1 who undertake the main trial tasks, and trial courts 10. They are on the same floor of the office, separated from the access of the parties. It can be said that it is basically guaranteed that every judge has his own court, so there is no conflict in using the court. So are clerks and judges? One to one? For a period of time, he was appointed as a clerk when the case was divided in the filing court, and he was no longer executed after practical test. Each trial court has a synchronous video recording system for the whole trial, and the synchronous CD of each case is filed with the volume. There is an office for two or three people, and each office has a printer, so that the parties can read shorthand notes immediately after the trial. Every court is equipped with photocopiers, fax machines and cameras for publicity. So every time something special happens, such as sending banners, working overtime and studying court affairs, the graphic information produced by the back office will be uploaded to the intranet within 1 hour. As a result, Chen Xiuyan and I reported to the People's Second Hospital and the Administrative Court respectively in the morning, and some colleagues greeted us kindly when we went to the canteen for dinner at noon. Later, we learned that we were? Surfing the Internet? . Intranet information is very rich, including current political news, but there are also restrictions on who can access the external network. Besides us, we installed the external network and long-distance telephone in the dormitory. There is a badminton room and a table tennis table in the office building, and colleagues often exercise after work. In addition, in the practice base of China Medical University, students practice by providing physical therapy such as massage to the police. The property service is also very thoughtful. Most members come from rural areas in Hebei and Inner Mongolia. Food and accommodation are in the unit, salary 14500. Compared with their dormitory for nine people, Chen Jie and I have a big dormitory, which is considered as advanced treatment.
Of course, the structure of judges is not comparable. It is the post-7080 s who undertake the main trial task. Especially, the post-80s judges are all graduates with master's degree or above from Peking University, Tsinghua, People's Congress and China University of Political Science and Law, and all of them have passed the judicial examination and xx civil service examination. As far as I know, most of them come from some provinces and cities in Northeast China, Shandong and South China. If they were here, they should be scarce resources. However, in the court of xx, they are all invisible and full of vigor and vitality. In July, we reviewed their speeches for the first-time judges. 33 young people who have worked for more than three years and published more than one paper are calm and capable, and they have been successfully appointed through their speeches, which really makes our generation envy and hate. I heard that there are still three people who can only miss this opportunity because they have no papers published.
2. The concept of trial is the same.
? Family members of the national court? Even under the roots of the imperial city, the premise that the court's work is to serve economic construction through trial is the same, and what about them? Maintain stability? The nerves are more tense. Because of the reality of working in two districts, during my five months of attachment, I only met a general meeting of the whole hospital at the end of half a year, and not everyone attended. Whenever there is a dean's speech, it is inevitable to mention that maintaining stability is the top priority, the issue of letters and visits. I have not participated in the enforcement of xx civil court, but I have participated in the enforcement of relocated households in Xicheng court for nearly three years. I am awed by the attention of leaders, the large scale, the wide range of participants and the great dismantling of equipment. On the way back, my little colleague asked me if I had encountered any cases such as entangled lawsuits and petitions in xx. I was speechless, but I also patiently and realistically told her that the work of the national courts was the same, and the parties were the same. We are nearly 65,438+0,800 kilometers away from xx, which is more difficult than them coming from Tiananmen Square. The whole car laughed.
Xicheng court? Public trust in western law, humanistic western law, harmonious western law, scientific and technological western law? In the first half of 20xx, * * * accepted all kinds of cases 198 13, and concluded 16784, with a settlement rate of 78.4% in 16 grass-roots courts. Here, what I want to say is that they are also being assessed by various indicators, and they are also trying their best to deal with various assessment indicators. At a meeting of middle-level cadres that we were invited to attend, an able female dean suggested that cases that can be mediated can be changed from simple procedures to ordinary procedures to increase points and give consideration to jury points. In view of her careful analysis of assessment factors and her helpful suggestions, the dean praised her on the spot and encouraged everyone to study more. It felt very similar to our situation at that time.
The judges are under great pressure.
The number of cases is large, and the average number of closed cases is far above ours. I think that goes without saying. There may also be factors with different statistical methods. The work pressure is great, but I seldom see them working overtime. When the case was closed for half a year, they were called by the dean. Did it really start? Overtime? 、? Do something? The climax of twenty days. Why put quotation marks? Because I think this big project is symbolic. Take the People's Second Hospital for example. At that time, there were more than 180 cases and fewer than 100 cases. We worked overtime twice, and the back office asked the canteen to stay for dinner. After dinner, everyone is busy in the office, all kinds of POSE are put up, and photos are taken in the office. As a result, the photo news of those days was overnight in various courts. Bitter? Fuck.
I think it's normal that their cases are under great pressure. Who will pay attention to the platitudes in life with mood? Do it. It is normal to accept more than a dozen cases at a time. There are many types of cases, because the jurisdiction involves urban transformation and the land price in the Second Ring Road is high, so the number of real estate disputes such as ownership confirmation is particularly large. There are several famous hospitals in the local area, and there are many medical disputes. But what about Judge Li Hongxing of Chaoyang Court? He has more than 800 cases every year. Colleagues in Xicheng think that maybe he is dealing with a quick case.
Life stress is also one aspect. As mentioned earlier, many young people come from outside Beijing, so the housing problem is very big. Houses above 40,000 yuan/square meter in the Second Ring Road are not needed, and houses below10,000 yuan/square meter in the Fifth Ring Road are not available. The unit rented an apartment for the newly registered people as a dormitory, but the graduate students are basically in their mid-twenties. If they want to get married, they must move out of the dormitory. As far as wages are concerned, about 5000 yuan, the unit has different housing subsidies. Generally, in addition to the provident fund, there are hundreds of cash subsidies every month, which are increased according to the length of service. It is said that the welfare of the national ministries and commissions is good. A young man from Yantai in the Second Hospital was admitted to a civil servant in CPC Central Commission for Discipline Inspection, but the court refused to let him go.
4. Life is rich and colorful, and the overall mental outlook is good.
This experience is also very deep. Xicheng District Court, like our Intermediate People's Court, is a deputy department level. In mid-May, we solved the treatment of 44 comrades at the deputy department level at one time, which made us envious. Later, I learned that there are still a group of colleagues in their 40 s and 60 s who are still fighting in the trial, or they are minor subjects. There was a female judge in the Second People's Court who retired after four years. In September, she joined more than 60 chief of staff inspection teams. Why? It turned out that it was all historical debts. The current dean took office last 1 1 month, and he has a good reputation to make up for it. Because there are many people, many people in the two districts don't know each other, so there is no collective recommendation, mainly depending on the length of service.
Even under the pressure of reality, the judges in Xicheng District still take care of their spare time. No annual leave for work reasons. Holidays are concentrated in July and August. Xx locals generally travel abroad, many of them have been to Qinghai, and there are many photos or essays published or online as evidence, which make cambra beautiful and Qinghai Lake and Treasure Beach romantic. Those who don't go out for vacation by stages should have a rest anyway, and the unit also encourages them. Those who live in other places usually go back to their hometown.
As a judge in the capital, he is sensitive to politics, but he can't see reading notes or anything. But? Six into the community? Other theme activities are also in full swing. There are still research tasks to be completed. There are often some paintings, speeches, theme essay activities and cycling organized by teenagers spontaneously.
I have said a lot, but I still have a lot to say. I am very grateful for this opportunity to meet a group of people who are doing the same job, close and far from each other, and feel another city. Go back to the original place, settle down and work hard.
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