Court Practice Report

Intern: * * * speciality: legal practice place: Yuelu District people's court internship time: November 20, 2003 to December 26, 2003 grade: class 2001: Class 3: No. 8: No. 1, I want to thank all the Yuelu District people's court workers and my teachers who have provided help and guidance for my internship. Thank you for your help and efforts for my successful internship.

My internship is jointly arranged by the Law School of Central South University and the people's Court of Yuelu District.

Through internship, I gained practical experience in my field of professional work, and consolidated and tested my knowledge level of undergraduate study in recent years.

During my internship, I learned a lot about the whole process of court trial from filing to closing. In the process of filing some cases, I also served as a specific filing clerk, and put forward my own ideas on some of the cases involved.

During this period, I further learned the relevant legal knowledge, and had a deeper understanding of the procedure of filing a case. At the same time, I should pay attention to the combination of my theory and practice in this process.

At the end of my internship, my work was fully affirmed and evaluated by the internship unit.

A number of cases have been put on trial, and some suggestions have been put forward: 1. 73 residents, V. City Planning Bureau infringing on their right to daylighting, sunshine rights and ventilation. 1: the origin of the case: 73 original opinion that the "Asia digital port" planned by the City Planning Bureau has seriously violated the mandatory national standard of GB50180-93 from the area occupied by the Urban Planning Bureau to the distance between the residents and the residents. It violates the specific technical regulations of the "Changsha city planning management method". That is, "Changsha city planning and management technology regulations", and its passageway and fire safety have major security risks. After repeated requests for government failure, the court sued the court for revocation of administrative license and compensation for user losses. During my internship, I mainly studied the following cases and took part in it.

2: the main focus of debate in the case is the defendant, Changsha city planning and management. The planning and approval of the "Asia great digital port" plan has been strictly planned. Who has consulted the relevant functional departments and strictly followed the prescribed procedures. The distance between the residential buildings of the Asia digital port and the north side of the building is in line with the mandatory national standards of the GB50180-93 mentioned by the defendant and the "Changsha city planning management method", which does not damage the legitimate rights and interests of the plaintiff.

Moreover, the planning authority has provided relevant evidence to prove that the Asia grand Cyberport is not applicable to the technical regulations for urban planning and management of Changsha.

3: the outcome of the original judgment, the collegiate bench, has been discussed by many collegiate parties, and the decision has been made: judging the planning permission and dismissing the claim.

This case is an administrative case. The popular point is that the people tell officials.

Through the trial of this case, I think it is very difficult for China's administrative litigation to win at the present stage.

If the plaintiff wins the case, the media will report it with great efforts.

In fact, this is a big misunderstanding. A society ruled by law should not have such a phenomenon.

If the specific act of the administration is illegal, it should bear the relevant responsibilities.

The reason why China's administrative litigation is difficult to win is that the judiciary and the administration are not completely different from each other and restrict each other.

Power is bigger than law, and policy is higher than law.

That's why there is such a situation.

In this case, I think the court is more or less influenced by the administration: Although the court is a judicial organ, its office building and dormitory land must be approved by the Planning Bureau.

Two: several cases of summary criminal proceedings. This is the first time I have seen the concrete application of summary procedure in trying cases.

The cases are clear, the facts are clear, the evidence is sufficient, and the dispute is not large. The court of Yuelu District is also a grass-roots court, which is in line with the conditions for summary procedure.

In the whole process of trial, the time limit for trial is very short, and the feeling that the trial is just going on, and the judge has already reached a conclusion on how to judge the case.

Through the trial of these criminal cases of summary procedure, I see that although the time limit for trial is very short and the necessary procedures are very complete, the court has good control over this aspect.

But on the other hand, I think the court still has some defects in the court trial system, and the environment for trial can be improved.

Three: a citizen who collects waste goods and sues the administrative omission case of the Yuelu District branch of the Changsha Public Security Bureau. The origin of this case is: in 2002, the plaintiff in this case cleaned up the right hand palm with the detonator doped in the waste after cleaning up the waste from Central South University, and the right leg and right chest were injured by the detonator, which was signed as a disability of grade four.

After the incident was reported, he handed the remaining detonators to the defendant, the Yuelu District branch of the Changsha Public Security Bureau, and asked him to find out the source of the detonator, and the defendant said he could not find out the source of the detonator.

The plaintiff sued the court for a clear written conclusion about the source of the detonator.

Because the case has not yet been concluded, it is impossible to know how the court will pronouncement the sentence.

In this case, through the understanding of the plaintiff's educational background and cultural level, I feel quite a lot: on the face of it, the plaintiff is a person who lives on the scrap goods and has a low level of culture, but he knows how to defend his rights with legal weapons. This shows that our citizens' legal awareness is constantly strengthening, and the idea of rule of law has gradually become popular among the people.

However, from a deep perspective, on the one hand, it is because the plaintiff's cultural level is not high enough that he can not better use legal weapons to safeguard his rights and interests. He does not know that the principal agent does not know that collecting evidence that is favorable to him is presented to the collegial panel. He even does not know that the Public Security Bureau's behavior is called "administrative omission" in law. On the other hand, the behavior of the public security sub Bureau has obviously constituted administrative omission, because safeguarding local public safety is the most basic administrative function of the public security system.

From this case, I see that the task of popularizing the law in China is a long way to go. At the same time, it is also deeply aware of the importance of emphasizing the service function in the government's functions of the sixteen major reports.

Four: a case of bigamy. In the case, the defendant was married to another woman through fraud and marriage under the condition of marriage.

The plaintiff complained to himself about bigamy.

Through this case, we can not help but think of the newly implemented Marriage Registration Ordinance.

The new Marriage Registration Ordinance simplifies the marriage registration procedure and brings convenience to people. At the same time, it increases the risk of marriage to a certain extent, and a series of problems will follow.

Who should bear the risk of marriage?

How do individuals protect themselves in marital risk?

How does the government strengthen management and reduce marital risk?

I think these problems should be considered by legal workers and administrative workers after the reform of the new regulations.

I learned a lot from other cases during my internship.

During the last month's internship, I have basically grasped the detailed operation details of filing, cleaning, marking, sealing, and so on. In practice, I have consolidated some judicial documents, such as execution notices, closing registration forms, change of custody cards, appeal letters, court announcements, summons, summons, etc., and further consolidated some specific judicial procedures, such as summary procedures and ordinary procedures in criminal cases and administrative cases.

This internship is an indispensable and important experience in my college life, and its harvest and significance can be seen.

Through practice, I apply my knowledge to practical work. Theory and practice are indispensable. In practice, my knowledge has been consolidated and the ability to solve problems has also been exercised. This practice widened my vision, made me understand the operation of law in reality, and had a further grasp of professional terms. In addition, I also made many judges and lawyers friends, and we communicated with one another and promoted each other. From them, I learned a lot of ways of doing things, which were not learned in books.

During the whole internship, as a student of South Central China, I tried to become an envoy of the central and southern culture, introducing Zhongnan to friends from all walks of life, bringing them closer to central and southern China and understanding central and southern China.

Finally, I would like to take this opportunity to once again give my heartfelt thanks to the staff of the Yuelu District people's court and my teachers who helped and instruct my internship.

Editor in chief: vivi