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Actual report

Actual report

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Specialized courses

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Printed by the Academic Affairs Office of Southwest University of Political Science and Law.

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The summer vacation from July 3, 2065438 to September 25, 20, 2065438 is the day when students of Grade 20 15 in the Law School of Southwest University of Political Science and Law are arranged by the school to practice in various internship units. Time flies, and in a blink of an eye, the two-and-a-half-month internship period has ended. During the two-and-a-half-month internship, with the care and guidance of school leaders, internship instructors, internship staff and counselors, I learned a lot of legal theory, practical knowledge and social experience through my unremitting efforts, and made great progress. I will report to the leaders and teachers of the college from the following aspects the achievements and experiences I have made since my internship for two and a half months.

First, the internship unit profile

First of all, please allow me to introduce my summer internship unit so that my report can be developed later. My summer internship work unit is the First People's Court of Dongguan City, Guangdong Province. The First People's Court of Dongguan is the largest grass-roots people's court in Dongguan, with jurisdiction over 17 townships, accounting for more than half of the administrative division area of Dongguan. The First People's Court of Dongguan accepts more than 40,000 cases every year, and the number of cases ranks among the best in the country. Dongguan No.1 People's Court won the honorary title of "National Excellent Court" on 20 12. I was arranged to practice in the criminal court of Dongguan No.1 People's Court.

Second, the internship summary

Due to the shortage of manpower in the criminal court, during the two and a half months' internship, I worked in the back office and the collegiate bench successively, so my internship summary will be divided into two parts.

(A) back office work summary

When I first entered the criminal court, I was arranged to practice in the court. The First People's Court of Dongguan has a large number of cases, and the criminal trial court is no exception. In recent years, criminal courts have accepted more than 2,000 cases every year, and it is expected that the number will exceed 3,000 this year. Therefore, the criminal court is very busy, with about 50 judges, clerks and other staff. My work in the background mainly includes the following contents:

1. Telephone wiring in the back office

There are a large number of cases in the criminal court. Every day, many people, such as the families of defendants and victims, want to communicate with the case-handling judge. They need to check the work phone number of the judge or the staff in the logistics office. My task is to help the back office staff answer the telephone consultation and answer some basic questions of the caller when they are busy with other things.

2. Distribute new cases and evidential materials

The back office is responsible for moving the new cases and files transferred by the procuratorate from the filing court every day, and distributing them to more than a dozen judges according to the internal case diversion rules of the criminal court, and the judges sign for them. At the same time, we usually need to write basic information such as case number, undertaker and album number on the case file bag to facilitate the judge to find the case file daily. Because this file is very important, we must be very careful not to make any mistakes.

In addition, in the criminal court of Dongguan No.1 People's Court, evidence materials are generally not transferred at the same time as the file, and need to be transferred separately and carefully checked, so we also have the task of distributing evidence materials and giving them to the judge for signature.

3. Transfer the files of appeal cases

4. Distribute mail, express, magazines and newspapers

5. Go through the formalities of obtaining a guarantor pending trial

In the criminal court, the procedures for handling bail pending trial are handled by the back office.

6. Complete the investigation tasks assigned by our hospital and Dongguan Intermediate People's Court.

The First People's Court of Dongguan City often conducts research activities, and needs to collect relevant data or submit reports. In addition, Dongguan Intermediate People's Court also has research tasks from time to time. As long as the investigation involving criminal cases is done in-house.

7. Delivery by detention center

The criminal trial courts of the First People's Court of Dongguan are all located in the court trial buildings of three detention centers in Dongguan. Generally, the verdict is not pronounced in court, but is pronounced on an elective basis. Therefore, after the judgment is completed, the back office staff need to go to the detention center to make a judgment and serve the judgment. In addition, we also have relevant legal documents such as indictment, decision on application of summary procedure, notice of change of trial procedure, decision on postponement of trial, decision on resumption of trial, decision on extension of trial period, etc., which need to be served on criminal suspects or defendants in detention centers.

8. Other business

Due to the administrative nature of back office, our daily work also involves the welfare distribution of court staff (such as moon cakes, water tickets, movie tickets, etc.). ), reimbursement of meals and travel expenses, repair of machinery and equipment, and notification and forwarding by superiors.

(2) the clerk's work summary

Due to the large number of cases and the pressure on judges, the criminal trial court of Dongguan No.1 People's Court is basically equipped with three clerks, who are responsible for pre-trial preparation, trial and post-trial work (sometimes too busy to cross over).

1. Pre-trial work

The pre-trial work mainly includes the following contents: (1) Making and printing all kinds of pre-trial materials, such as summons for arraignment, announcement of court hearing, notice of procuratorate-prosecutor-prosecutor's appearance in court, notice of lawyer's appearance in court, notice of victim's appearance in court, minutes of preparatory court, etc. And deliver them; (2) Go through the formalities of attorney entrustment, and provide help for lawyers to read papers; (3) inform the lawyer, the defendant's family, the victim and his family about the court session time, and record whether they appear in court; (4) Understand the relevant situation of the investigation case, make records and inform the judge, mainly including whether the defendant compensated, whether the defendant and the victim reached an understanding agreement, whether the witness appeared in court, etc.; (5) According to the template, make the relevant part of the trial transcript in advance, saving time for the clerk to record in the trial.

2. Trial work

The work of the clerk in the trial is relatively simple, mainly to complete the record of the trial transcript and notify the waiting lawyers, family members and other observers to appear in court. Due to the large number of cases and the large number of cases to be tried at each time, the trial time of each case is limited. Clerks usually make preparations in advance, and write down many stylized contents in the trial transcript, such as the identity information of the defendant, the contents of the indictment, the contents of defense, and the list of evidence for cross-examination. It can greatly save the time needed for recording during the trial. In addition, the clerk's speech at the trial was recorded after he joined the company.

After the trial record is made, it needs to be checked and signed by the judge, the people's jurors and the defendant. If the case has a defense lawyer, it also needs a lawyer to check and sign. Finally, the clerk proofreads the court record and signs it. This series of procedures is to ensure the objectivity, fairness and openness of the trial transcript.

3. Post-trial work

After the trial, there is still a lot of work to be done, mainly including the following contents: (1) If the defendant and the victim settle privately or are mediated by the judge, the judge will be informed of the result, which will provide relevant basis for their conviction and sentencing;

(2) write a judgment. Under normal circumstances, simple cases, especially cases where summary procedure is applied and cases where the defendant pleads guilty, are written by the clerk for the presiding judge. At the end of the internship, the judge will let us try to write some simple case judgments and submit them to them for revision and finalization. (3) serving materials to the relevant personnel and departments of the case, such as serving the judgment to the procuratorate-supervision bureau, the defendant, the case transferred to the public security bureau, the defendant's family, and the police station where the defendant's household registration is located, and serving the closing form and execution notice to the detention center; (4) release the innocent, to the detention center for release procedures; (5) filing documents; (6) If the judgment contains property punishment, the defendant's family shall be notified to execute the property punishment, and the fine shall generally be paid by the defendant's family; (7) Send relevant probation materials to the Judicial Bureau for the defendant who has declared probation; (8) proofreading legal documents.

What needs special emphasis is that filing is the most work we do during our internship. As soon as we came to the criminal trial court of Dongguan No.1 People's Court, the first thing we learned was to file a case. Filing should not only arrange the relevant legal documents and materials in the prescribed order to ensure that there is no omission, but also code and bind them into a book. By filing a case, we can understand the whole process of the case, the details of the case and the trial process, which plays an irreplaceable role in combining legal theory knowledge with specific case practice.

Second, the internship experience

1. Study hard, consult modestly and make up for your own shortcomings.

Our alma mater, Southwest University of Political Science and Law, is a national key university of political science and law, and is the "Whampoa Military Academy" in the legal field, which has gained high recognition in the legal field. Therefore, many students think highly of themselves, and even think that court staff are not as good as themselves because of their low academic qualifications. However, in the First People's Court of Dongguan, most of the staff have bachelor's degree or above, and a considerable number of staff have master's degrees. When I was in the back office, my tutor Hu Wanling was a master of criminal law from Shenzhen University, and the clerk Cai was a master of criminal law from Zhongnan University of Economics and Law before entering the collegiate bench. Most of the staff of the criminal court, including the people's jurors, have passed the judicial examination. Moreover, in practice, I found that even those staff who failed in the judicial examination have a lot to learn from, especially their understanding of criminal procedures and their views on the problems existing in criminal justice reality are much deeper than those of us sophomores who did not graduate from college and did not take the judicial examination.

2. Theory should be combined with practice, and practice is the only criterion for testing truth.

After studying in freshman year and sophomore year, we have basically completed the core course of law. But our knowledge is not firmly grasped, not combined with practice, and there is no real application of what we have learned. These two and a half months of court practice have thoroughly tested our legal knowledge. In the process of handling a case, we can find out which details are not reliable, and we can also understand the theoretical knowledge we have learned more deeply. For example, I once made a mistake about the nature of the guarantor. The story goes like this: a defendant accused of dangerous driving brought his minor son to go through the formalities of bail pending trial, and the court informed him to pay a deposit of 5,000 yuan, but I clearly remember that the Criminal Procedure Law and relevant legal documents stipulate that minors are not allowed to be guarantors. As the clerk in charge of bail pending trial is not here, I called him to ask if this is in line with the law. The clerk told me that the suspect handled financial insurance, and the person he brought was only for the convenience of the public security organs to contact him, not the guarantor. It suddenly dawned on me that the Criminal Procedure Law stipulated bail and bail pending trial.

This can be applied to one of the witnesses, but not to the same criminal suspect or defendant at the same time. Through this incident, I have greatly deepened my understanding of the bail pending trial procedure. Lu You once wrote a poem: "What you get on paper is so shallow that you never know how to do it." This sentence is very reasonable.

3. Improve social skills and strive to improve interpersonal relationships.

The legal profession attaches great importance to contacts. In practice, public security, procuratorate-court, court and law firm all attach great importance to their relationship, and colleagues in the court also attach great importance to their contact and communication. From the vice president and president in charge of criminal trial to ordinary clerks and people's jurors, the relationship in criminal court is very harmonious. The three organs of public security law need to cooperate with each other in their daily work; Lawyers usually need the help of public security organs to practice. In Dongguan, some judges and prosecutors resigned to become lawyers. In the past, the connections of these judges and prosecutors in the public security system were naturally one of their incomparable advantages. The brothers and sisters who have already taken part in the work at the Dongguan Alumni Association have also emphasized this point to us many times. After all, many friends have many ways out.

Within the court, while improving interpersonal relationships among colleagues, we should strive to cultivate team spirit and give full play to the role of the team. The criminal trial court divides thirteen judges into seven collegiate panels, and the composition of presiding judge, judges, people's jurors and clerks is fixed, so that everyone can form a fixed team, cooperate with each other, improve work efficiency, and achieve the ideal effect that the overall function is greater than the sum of some functions.

4. Work must be serious and rigorous, wholeheartedly, and strive to improve work enthusiasm.

The work of the court is monotonous, especially when we are faced with a mountain of files and materials every day. However, the cases in the criminal trial court and even all the cases in the court are of great significance, which are related to the freedom, property, reputation and happiness of citizens. Therefore, we must not slack off at all, and we must act in strict accordance with the law. Sometimes our little negligence may have a vital or even overall impact on the case, so we must always check the materials and things we have done while being careful to ensure nothing is wrong.

Third, the problems found in the internship

During the two and a half months of internship, I found many problems, not only my own problems, but also problems in judicial practice. For example, the staff of the public security law do not pay attention to protecting the legitimate rights of citizens. The criminal trial court of Dongguan No.1 People's Court has a heavy task, and some staff members neglect the protection of citizens' legitimate rights for their own convenience. I have seen some defendants receive the judgment after the appeal period (the law stipulates that the selective judgment must be served within five days after the end of the trial, and the appeal period of the judgment is ten days.

The ruling appeal period is five days). In the actual report, I want to discuss the problems existing in China's penalty system, specifically the disadvantages of short-term free punishment and the direction of improvement.

The reason why I want to discuss this issue is because the overcrowding in the detention center has touched me a lot. Indeed, there are a large number of migrant workers in Dongguan, and the high crime rate of migrant workers is one of the reasons for this phenomenon, but I think the main reason is that our criminal punishment system is unreasonable. You know, there are three detention centers in Dongguan, and each detention center holds four or five thousand people.

At present, China's penalty system is dominated by freedom penalty and life imprisonment, supplemented by property penalty and qualification penalty. Although the crime rate in China is relatively low, its large population base and high rate of impunity still make detention centers and prisons overcrowded. After years of judicial practice, many developed countries have confirmed the necessity of replacing short-term freedom punishment with property punishment and qualification punishment, and put them into practice, which has achieved remarkable results.

During my internship, I found that short-term free punishment has serious disadvantages. First, the effect of crime prevention is not strong. This can be seen from the high recidivism rate in China. Whether in general prevention or in special prevention, the effect of short-term free punishment is not satisfactory, because crime prevention is the most important function of modern punishment. Second, it has intensified "cross-infection". As we all know, the detention center is actually a big dye vat, and the defendant is likely to be corrupt if he is easily locked in. Professor Xu of Taiwan Province Province once commented on short-term free punishment: "Threats are futile, education is ineffective, learning well is insufficient, and learning badly is just right." Third, it has increased the pressure on government agencies such as prisons and detention centers. The three detention centers in Dongguan are overcrowded, and 40 suspects need to be squeezed into a big room without even a bed of their own, regardless of spring, summer, autumn and winter. This shows how much pressure the national prison has.

How should we solve the dilemma of short-term free punishment? To put it simply, I think we should increase the proportion of property punishment and qualification punishment in the application of punishment in China and increase the application of probation. First of all, many foreign experts believe that the deterrent effect of property punishment is basically the same as that of short-term free punishment, which has the advantages of increasing government finance, low implementation cost and relieving prison pressure. China should also raise the penalty of fine to one of the main punishments, increase its application, apply the penalty of fine or qualification as far as possible to minor crimes, and try to avoid the application of short-term free punishment. In addition, China should increase the application of probation and improve the community correction system. This is also one of the directions for developed countries to improve their penal system. The community correction system corrects criminals through the judicial bureau and other institutions, and does not deprive them of contact with society. Therefore, there is no problem that it is difficult for criminals to return to society in the future, which leads to more acute social contradictions. At the same time, it retains the labor force and is conducive to promoting the development of productive forces. The content of community voluntary labor in the community correction system is conducive to enhancing the sense of responsibility of criminals; In addition, criminals can actively make up for it.

Repay the victims, repair the damaged social relations and reduce the harm to their family relations.

To sum up, China should reform the penalty system as soon as possible, increase the application of property penalty and qualification penalty, improve the community correction system, and overcome the disadvantages of short-term free punishment.

Fourth, summary.

Through two and a half months' internship in the criminal court of Dongguan No.1 People's Court, I not only consolidated my previous legal theoretical knowledge, but also learned a lot of legal practical knowledge. Great progress has been made in both study and social life experience. Generally speaking, this internship has gained a lot. Thank the school for giving such a good opportunity to study and exercise. In the future, I will study harder, strive to make my own contribution to the judicial cause of the motherland, become a qualified legal person and win glory for the school!

Actual report [2]

In March this year, I officially entered Beijing Yinlong Intellectual Property Agency Co., Ltd. and started my first internship in my life. As I am a fresh graduate, I am very unfamiliar with the company's business process. The company asked Mr. Shen from the quality inspection team to take me to study and guide my daily practice in a mentoring way. Under the enthusiastic guidance of Mr. Shen, I learned about the company's basic business and its processes, and actively participated in related work. I pay attention to comparing Japanese knowledge and other related knowledge learned from books with practical work, deepen my understanding of practical work with theoretical knowledge, and prove that what I learned in college is really useful with practice, thus completing the dual tasks of study and work in a dual capacity. Go to work like colleagues in the company and assist colleagues to complete the work of the department; As a student, I study with an open mind and try my best to acquire practical knowledge. I know in my heart that I want to adapt to the company's work and complete the company's tasks with a good working attitude, strong working ability and diligent working attitude. The short internship life is tense, novel and rewarding. Through internship, I have a profound perceptual and rational understanding of the patent agency industry in Beijing and its development prospects.

In the company, my main task is to assist Japan Bitianniao to handle daily work, such as mail processing, fax sending and receiving, quotation to Japanese customers, etc. Due to my inexperience, I took many detours when I was on a business trip in tian teacher, which brought a lot of trouble to my colleagues. But my colleagues around me didn't blame me, but let me continue to do things seriously. I am very encouraged and try to do things well.

I feel deeply about my internship life, and there are many aspects that need to be improved, but the most important thing for me is to improve my working ability. The main purpose of graduation practice is to improve the social work ability of our fresh graduates, how to apply what they have learned, and give us an opportunity to actually operate and practice all the written and practical knowledge learned during college. Since I entered Beijing Yinlong Intellectual Property Agency Co., Ltd., I have actively participated in the company's business management and participated in various patent-related trainings organized by the company with the attitude of being willing to work actively, being open-minded and eager to learn, and giving full play to my special skills. At the same time, I carefully completed the internship diary and wrote the internship report, and the effect was good. The feedback from the internship unit shows that during the internship, I have strong adaptability, certain organizational and communication skills, and can well complete the tasks assigned to me by the company during the internship.

Internship experience mainly includes the following aspects:

1, through direct participation in the company's business process, I learned practical knowledge and further deepened my understanding of theoretical knowledge, which not only improved theoretical knowledge, but also improved practical knowledge, and successfully completed the practical task of undergraduate teaching.

2. I have improved my practical working ability and accumulated some valuable experience for employment and future work.

3. Students are recognized in the internship unit, promoted to find a job, and fully prepared for formal work after graduation.

4. The transformation of personal role, the change of the whole interpersonal relationship-students with good grades in school have become interns studying from scratch in unknown fields, and the familiar campus has become a strange internship unit, and people around them have also changed their roles: they have always become leaders, classmates have become colleagues, and they get along in a completely different way. In this transformation, the cognition of communication is very pale. So for the first time, I feel that I am not as good at communication as I thought. Of course, it takes a process to adapt to the new environment, so I believe that time and practice will enable me to quickly complete this role change and truly integrate into a completely different social environment from my school.

5, out of school, into the society, can't ask too much of yourself. Because the greater the expectation, the greater the disappointment, but appropriate expectations and desires are still very necessary. I can't imagine how many books I read, how many words I wrote and how many classes I attended at school. I am amazing. After all, I am still a

A fledgling girl, without any practical experience, still lags far behind her colleagues in the company! School life has been suspended for some time, and social life has just begun. After entering the society, we should continue to study, constantly increase and broaden our knowledge, so that we can have a place in society.

As a fledgling girl, she has just stepped into the society and entered a brand-new environment like an internship unit. Naturally, mistakes are inevitable in the course of work. Everyone makes mistakes sometimes, not to mention that we are newcomers, but that doesn't mean we can make mistakes again and again. If you make a mistake for the first time at work, the leader will correct and forgive you, but if you continue to make mistakes on the same issue, it will leave a very bad impression on colleagues and leaders around you. After this internship, I learned a lot that was not in the textbook, and also greatly changed my employment mentality. I have always wanted to find a job that suits my hobbies and majors, but now I know that it is difficult to find a job, and it is even more difficult to specialize. There are many things that we will come into contact with when we first arrive in society. Therefore, I can't wait for a better opportunity as before. Establish the concept of employment before choosing a job, get rid of the dependence on the school as soon as possible, learn to be independent in society, dare to participate in social competition, bear social pressure, and let yourself grow rapidly in society. Then we should always keep a heart of learning and thinking. As a college student, the most important thing is our learning ability and thinking ability. In the new environment of patent application, there are many places worth learning and thinking about, and we need to keep a heart of learning and thinking at all times!

The month of internship passed quickly, although it was only a short month, but what I experienced was something I had never experienced in my four years of college. The panic when I first arrived at the company, the haste when I first started working, and the timidity and shyness when I first encountered difficulties are engraved in my heart. No matter who I work for for the first time, I will keep it in mind. At this time, how much I miss the past. What is worth worrying about every day is actually eating. Now think about it, it's really funny! After staying on campus for 16 years, we finally got out of the greenhouse and entered such a complex environment as society. Some people say that society is a big dyeing house, which will dye everyone who comes out of the campus in a clean color. I am convinced of this, but even so, I want to be my purest self, and the bottom line and principles of being a man can't be stained away anyway.

Another thing that impressed me was money. Everyone knows that there is a salary during the internship, although the salary is not very high. But for us who have been spending our parents' money, this is already a certain degree of economic independence. Everyone may feel differently about such a change. At least for me, I feel that my psychological burden has become smaller, and I deeply understand that it is not easy for my parents to make money. In addition, because our salary is relatively low, but the daily expenses such as rent and living expenses are relatively large, if our financial management is not good, we will become a "moonlight family" if we are not careful. What's more, we must continue to ask our parents for money! Therefore, you must "think twice before you act" when spending money.