"No rest on Saturday, no rest on Sunday!" Tell me about the overtime work of the court.

Recently, the court's giant TV series "The Bottom Line" is being broadcasted. Because of the time, I really didn't read it, and I didn't dare to write any plot review articles. But this is one of the few film and television dramas that the court has been pushing the judicial theme in recent years. It is said that there are many innovations in it, and many social hot cases in recent years have flashed in the plot.

Many people in the court also commented badly, saying that this plot reflected some "malicious" things inside the court, such as leaders handling fewer cases, working overtime, and the higher courts handling fewer cases. For example, the screenshot of the following story:

It is no secret that the courts have been working overtime in recent years. Hundreds of search terms for "court overtime" are official announcements of local courts, especially grass-roots courts. Despite repeated complaints, such as working overtime for referees every day, I am working overtime under administrative orders; Overtime at the end of the year is just enough, and it has developed into normal overtime throughout the year; On the one hand, the news of karoshi is constantly breaking out, on the other hand, it is constantly notifying overtime and so on.

In the message area of the article, "notice: I will go to work normally this Saturday and Sunday and implement attendance discipline. Political Department on September 23, 2022 "; "All of us worked overtime or were forced to work overtime this Saturday, and the hospital leaders supervised and reported"; "The latest notice leadership has a short meeting, inform the National Day don't rest, continue to close the door. Long-term high pressure, my comrades and I don't know how long we can last! " . ; "Starting in September, working overtime on 246"; "This year, except for July, everyone is working overtime, and the children are almost stupid." .....

It's full of replies from court people who work overtime. Some people say that what is said in the play is all polite. In addition to working overtime on Saturday and Sunday, working hours should be extended on normal working days. There are also informal court officials who leave messages and enjoy judicial treatment after working overtime. The salary of temporary workers is 1.500, and overtime is required every day. No wonder the clerk changed batch after batch like a merry-go-round, and the rest didn't work without bad money.

In many people's minds, overtime is a performance of dedication. In addition to the excessive overtime work in the courts, as far as Yan knows, overtime work in many institutions has become more and more serious in recent years, especially in towns and villages. There is basically no concept of weekends, such as fire prevention in spring, flood control in summer, poverty alleviation in autumn, and changing seasons in winter, not to mention the normalized epidemic prevention and control, stationing in villages, visiting enterprises and contacting policyholders.

The problem is that occasional emergency overtime is indeed the need of work and the performance of dedication, but will normal overtime produce high efficiency and high quality? How many people work overtime to do the necessary work?

As explained in the screenshot of the TV series "The Bottom Line", the court worked overtime on Saturday to publicize the law in the community. Is it necessary for the court to go to the residential area to publicize the law? Nowadays, people have entered the era of mobile Internet of Things. The court disclosed a typical case on-site trial and published a judgment document that clearly distinguishes the law and promotes righteousness. There will be millions of hits on the internet. Do you still use a legal leaflet? In addition, there are special law popularization departments at all levels, and the courts go to the scene to popularize the law for specific residents. Is there any neutrality of illegal courts? ......

In order to complete the task of popularizing law, a large number of unfinished judges went to the community to work overtime to popularize law; Would rather choose inefficient on-site law popularization than expand the scope of online public trial live broadcast and judgment documents, is it also a formalistic overtime?

2065438+February 20th, 2008, People's Rule of Law and Law Enforcement published an article by Meng, a professor and doctoral supervisor of Wuhan University Law School, which raised a common-sense problem: judges are overwhelmed, which will inevitably lead to the loss of vitality of the judicial system.

It is mentioned in the article that courts all over the country are pursuing judges to close more cases and close them quickly, but the limitations of judges' thinking and procedures take up time, and judges in daily average cases are bound to be in a state of high tension, so it is impossible to achieve long-term physical and mental health. This is physiological common sense. The litigation procedure in China is a model of continental law system, and even simple cases should pay attention to the procedure. If the judge must explain the explanation, the parties, lawyers and prosecutors must say what they should say. This is the common sense of time.

Under the contradiction between the limited number of judges and the increasing number of cases, the work that judges can do is not limited to a controllable range, otherwise there will be a situation of fewer people and chaos. According to the current pressure of handling cases, how much energy can judges have to care about the cases involved in the collegiate bench and carefully safeguard the quality of their own trial cases?

It is said in the TV series that judges often work overtime, which reflects the facts, but it is a bit exaggerated to say that judges go to the community to popularize the law. In reality, most people who enter the community to popularize the law are propagandists and judicial assistants, and it is good to have a leading judge at most. The reason for the court to work overtime is that the case is closed! There are very few judges who work overtime and arrange court sessions, and they are all busy working overtime to write judgments. More than 90% of the cases have been closed, and the working hours are either to arrange the court session or to answer the phone. Most of the judgments come from the overtime hours of judges. Didn't a judge go home to write the news of sudden death?

Therefore, talking about judges' overtime work is inseparable from the pursuit of various rates such as settlement rate by courts at all levels. As this figure has always said, the authenticity of a data and the settlement rate of being driven out of overtime have deviated from the normal working ability. In the long run, it will lead to the distortion of superior data, mistakes in decision-making, and even vicious competition between courts and judges at the same level or even false closing of cases.

Second, the judge who is tired of coping with the task of closing the case will make a choice between the physical and mental health being affected, the personal assessment interests being closely linked and the trial quality of the case. Will there be cases where in order to close the case, the facts to be ascertained are not ascertained, the cases to be tried are not tried, and the cases normally accepted are directly rejected?

It is really touching to see those judges standing in court with crutches and plaster backache, pulling out infusion bags and going back to work overtime, and not reporting to work quickly according to the doctor's advice after the operation. I have to admit that they really sacrificed their rest time and health for work. Moved, several people thought deeply, why is it so hard to work overtime? Do they have to work overtime because of unreasonable assessment requirements or a real sense of mission?

Many parties and lawyers complained that the judge had a bad attitude, was careless in his work and handled the work. What may be unexpected is that they are faced with the judge handling the case, perhaps because the number of cases closed is too small, and they are faced with the fear of disciplinary action; It may be that I have been working continuously for half a month without rest, and I will do it in my dreams at night and write a judgment; Maybe a child or an old man at home is ill and hospitalized, but he is worried that he has no time to accompany him. In this state, can they be asked to be amiable, patient and meticulous in handling cases?

To sum up, it is not a good thing for judges to work overtime for a long time, not only for them, but also for each of us! (The judgment in the above article, guess, is it from the overtime work of a judge? Facts have proved that after several years of judicial reform, the court has fallen into a situation of more cases and fewer judges, which has explained the problem. Is it time to consider increasing the number of judges?