About the bailiff interview

Provide the following reference materials:

First, it is a legal duty for bailiffs to fully participate in and guarantee civil trials, which cannot be based on the needs of judges in hearing cases. 1. From the purpose of work, bailiffs participate in civil trial activities and perform their duties, not only to ensure the smooth progress of civil trial activities, but also to safeguard the dignity of the law, the authority of the trial and the image of the country. Strictly speaking, the duties of bailiffs can neither be abandoned nor exempted. Therefore, whether bailiffs participate in civil trial activities is not only based on the needs of trial judges, but also based on safeguarding the dignity of national laws and the authority of court trials. In order to ensure the smooth progress of civil trials and safeguard the dignity of national laws and the authority of court trials, bailiffs should become legal members of civil trials and must participate in civil trial activities. 2. According to the law, the bailiff is not only an important member in civil trial, but also an indispensable and irreplaceable judicial guarantee force. Article 3 of the Provisional Regulations on Judicial Police of People's Courts stipulates: "The task of bailiffs is to prevent, stop and punish illegal and criminal acts that hinder trial activities, maintain trial order and ensure the smooth progress of trial work by exercising their functions and powers." Article 2 of the Measures for the Implementation of the Provisional Regulations on Judicial Police of People's Courts stipulates that "bailiffs are important members who participate in judicial activities according to law". In addition, the Provisional Regulations of the People's Court on Judicial Police and its implementation methods, the Rules of the Court on Duty and the Rules of the Court also specify the duties of bailiffs. Among them, the duties of bailiffs in civil judgments are: (1), serving legal documents and litigation documents; (2), to participate in the ruling of seizure, seizure, freezing or confiscation of property (litigation preservation); (3) The defendant who must appear in court but refuses to appear in court is forced to appear in court; (4) Guarding the court, maintaining the court order, conducting safety inspections on the parties who enter the court, their agents and observers, and ensuring the safety of personnel participating in trial activities; (5), the transfer of evidence materials, witnesses and experts; (6) Take compulsory measures such as admonition, order to leave, compulsory transfer, detention and compulsory payment of fines for those who hinder litigation, violate court rules, disturb court order and endanger the personal and property safety of judges. The statutory duties should be fully performed. Not only can the bailiff himself not give up, but no organization or individual has the right to be exempted. 3. Judging from the judicial practice, judges and clerks are often insulted, threatened or even beaten when they go out to serve, preserve property and investigate and collect evidence. During the trial, the parties and observers often abuse each other, quarrel and scuffle, intentionally damage the court facilities and insult the judge. The parties cut themselves with a knife in court and committed suicide, and irrelevant personnel suddenly broke into the court without authorization. On the one hand, the occurrence of these situations not only affects the normal conduct of court civil trial activities, but also damages the seriousness of the court, the dignity of national laws and the authority of court trials. On the other hand, the occurrence of these situations is often unpredictable by the presiding judge. The trial judge could not determine whether the bailiff was needed to provide protection during the trial. But once these situations happen, it may be too late and passive to ask the bailiff to deal with them temporarily. Therefore, in order to ensure the smooth progress of civil trial activities and safeguard the dignity of national laws and the authority of court trials, bailiffs must fully participate in civil trial activities. And stop and crack down on all acts that hinder civil litigation activities with state power, that is, the duty power stipulated by state laws. Second, bailiffs' participation in safeguarding civil trial activities should be based on the provisions of the law and reflected in the whole process of civil trial activities. 1. before the trial: the bailiff must conscientiously perform the following duties according to the law: independently complete the service of relevant litigation documents and legal documents. Actively participate in the seizure, seizure and freezing of property, and fully assist judges and clerks to do a good job in litigation preservation; We should try our best to provide security for the investigation and evidence collection work of judges and clerks; The defendant who must appear in court shall appear in court to participate in the proceedings. Reduce the workload of judges and clerks, stop all acts that hinder litigation and even illegal and criminal acts before the court session, ensure the personal safety of judges and clerks, and ensure that civil trial activities can be carried out on time and effectively. 2. During the trial: the civil collegiate bench or the sole court must inform the judicial police department of the time, place and brief case, especially the possible accidents, one day before the trial. The judicial police department must carefully analyze and make good preparations for personnel and equipment according to the notice and general laws. And draw up a plan to deal with emergencies and do a good job in the prevention of the court on duty. Timely assign bailiffs of the duty court to participate in civil trial activities. The bailiffs attending the trial must arrive at their posts on time and perform their duties according to law. According to the relevant provisions of the Rules of Court, the Rules of Value Court, the Regulations on Judicial Police and the Civil Procedure Law, the judicial police must conscientiously perform the "safety inspection" during the trial, and prohibit drunken people, minors, mental patients and other people who should not enter the court from entering, and prohibit anyone from carrying controlled knives, guns, inflammable, explosive and dangerous goods. According to the instructions of the presiding judge, he warned, admonished and forcibly pulled out of the court for a series of violations of court rules, such as making noise, impacting the court, insulting, threatening arguments between the judge, the parties and the observers, scuffling, deliberately damaging court facilities, breaking into the trial area without authorization, recording and recording without authorization. According to the instructions of the trial judge, collect evidence in time and guide witnesses and experts. "Fully serve the trial, prevent and stop all acts that may hinder the civil proceedings in the trial, ensure the seriousness and seriousness of the court and the smooth progress of civil trial activities, and safeguard the authority and dignity of national laws and court trials. Three, to really play the role of judicial police in civil trials, to ensure the smooth progress of civil trials, we must also strengthen the construction of judicial police team. In particular, it is necessary to increase the number of bailiffs and expand the ranks of bailiffs. At present, the number of bailiffs in grass-roots courts is generally only 5-8, which is less than 8% of the number of courts (the Supreme People's Court's requirement is 12%). Generally speaking, every post of the court needs bailiffs: 1 court doorman, 2-3 criminal escort and duty courts, 1-2 execution service days, 2-3 assistance and participation in execution, 3-5 civil and administrative pre-trial guarantees, and 3-5 civil and administrative courts (a total of bailiffs/kloc- Therefore, the number of existing bailiffs is less than half of the required bailiffs. Moreover, the existing bailiffs are aging (the average age is over 40), and their professional knowledge and skills are not ideal as a whole. It is difficult to meet the practical needs of fully guaranteeing the trial. In view of these situations, we must vigorously strengthen the self-construction of the bailiff team. 1. Use the establishment of political and legal organs to introduce new bailiffs from demobilized cadres, local colleges and police schools. Use the financial allocation approved by the local government to recruit contract bailiffs. In order to enrich the police force, adjust the age of bailiffs, improve the knowledge structure, and gradually realize the younger and more knowledgeable bailiffs. Improve the overall strength of the bailiff team. 2. Strengthen ideological education and daily management, improve the political and ideological quality of the team and ensure the purity of the team. Cultivate judicial police personnel with excellent politics, excellent style and willingness to devote themselves to the cause of judicial police. Improve the cohesion and combat effectiveness of the bailiff team. 3. Strengthen business education and skills training, improve the level of business knowledge, and improve the ability of police support. Lay a solid foundation for fully performing the duties of bailiffs.