How to make a good record of court trial by the clerk

The court record is a record of the whole process of court trial, a written representation of the whole process of court trial and an important litigation record. Trial is an important part of the whole trial activity. With the deepening of the reform of trial mode, the position and role of trial in litigation is becoming more and more obvious. Therefore, it is an important part of the clerk's work to record the trial activities completely, accurately and quickly, and it is also an aspect that reflects the judicial ability and level of the court. I think we should pay attention to the following aspects about how the court clerk can make a good record of the court trial and embody the court theme of "justice and efficiency" in the process of the court trial record. First, the trial record must be objective and true. Seeking truth from facts is the most fundamental requirement of the trial record, and it is also the requirement of a fair trial by the court. If the trial transcript is not objective in the content of the record and cannot truly reflect the trial situation, the trial transcript will lose its due significance. In practical work, clerks must adhere to the principle of objectivity and truthfulness, overcome wrong understanding and correct wrong work habits. For a long time, we have always believed that a skilled clerk can find the judge's mistakes or mistakes in the trial, and can take the initiative to remedy and correct them in the trial transcript. This traditional understanding of mistakes has a great influence on the clerk to objectively and truly record the trial. There is also a habit that the clerk will make unrealistic amendments to the transcripts according to the requirements of the judges when sending them to the judges for review. The most typical example is that the clerk often presents evidence at the request of the judge, and records the cross-examination in the transcript as a standard proof. Traditionally, we call it "mutual cooperation and cooperation" between judges and clerks, but we don't know that the result of this is to cover up the problems existing in the trial with standardized and strict court transcripts, which may also damage the rights of the parties to some extent. In the long run, it will also lead to more emphasis on transcripts than trials, which runs counter to the requirements of standardizing trials and improving the quality of trials. Only by fully respecting the trial facts can we fully protect the rights of all parties and finally realize a fair judgment. Objective and true records are an important link to ensure the realization of justice, which can promote the improvement of trial quality from another angle. How to make the transcript objective and true requires the clerk to firmly establish the concept of "fair justice" and strictly abide by professional ethics. In addition, the separate management of clerks is also an effective way to ensure that clerks adhere to the principle of objectivity and truth without external interference. Two, the record of the trial procedure in the trial transcript must be complete. Only procedural justice can guarantee substantive justice, and every legal procedure required for trial is to find out the facts of the case as much as possible on the basis of fully protecting the litigation rights of the participants, which has its specific legal function and significance. When recording the trial, the clerk should completely record all the procedures in the trial, which is a key content to ensure the quality of the trial transcript. The clerk should pay attention to strengthening the study and mastery of the basic knowledge of law, especially to have a full understanding of the relevant contents in the procedural law. Only in this way can the procedure in the trial transcript be complete and the key points be highlighted. Three, the contents of the trial record should be accurate. Court transcripts are mostly records of the languages of the parties to the trial. Language is the expression of people's thoughts, and writing is the expression of language in court transcripts. Due to the influence of education level, educational background, logical thinking ability and other factors, people may make mistakes when using language to express their thoughts, and clerks may make mistakes again when recording language in written form. In order to avoid this mistake, the clerk is required to have strong observation, judgment, understanding and the ability to reorganize the language through strict logical thinking in addition to the relevant basic knowledge of law. Try to record the true meaning of the participants in the proceedings. In the process of striving for accuracy, special attention should be paid to the records of the court debate stage. With the deepening of the reform of trial methods, we often show more intense defense in the debate stage. At this time, the debate focused on the probative force of evidence, the application of law and other key issues. In order to support their own arguments, all parties use the relevant theoretical language in legal theory, and there are also some new viewpoints and understandings in academic theory. This requires the clerk to have relevant legal knowledge and a necessary understanding of the frontier theory of law, otherwise it is impossible to accurately record these contents. In order to pursue the accuracy of court trial records, clerks should pay attention to the improvement of their comprehensive quality, strengthen the study of basic legal knowledge and new judicial concepts, and grasp the dynamics of judicial reform in their usual work and study. We should also pay attention to the study of other knowledge, learn knowledge extensively, and constantly improve our ability. Fourth, detailed records are also the requirement of a good court record. However, it is impossible for written records to record all the sounds and images like videos, but it is necessary to reproduce and restore the original appearance of the trial as much as possible in the transcripts, laying a good foundation for judges to correctly hear cases and ensure the quality of cases. When recording the trial of a criminal case, we should pay attention to recording some States of the defendant and special scenes in the trial. If the defendant is emotional, it should also be recorded in the record to provide factual basis for the judge to make a correct judgment in the future. Five, fill in the court record should be standardized format, neat page number. As a lawsuit file, the trial transcript should be preserved for a long time, and there should be certain requirements for the appearance of the transcript. At present, most court records are printed. Therefore, the court transcripts of the same court should be unified in format requirements and font size, which is beautiful. Try to avoid mistakes in written records. Six, the trial transcript should be completed in time. For example, the trial transcripts of criminal cases are required to be checked within five days, but in practice, in order to ensure the trial efficiency of cases, the time requirement for checking transcripts is more timely in most cases. Some defendants in criminal cases are not in custody, some parties in civil cases are far away, and many cases are represented by agents ad litem. In order to facilitate the verification of transcripts, and better reflect the administration of justice for the people, it is required to complete transcripts in court and check key contents. This puts forward higher requirements for the timeliness of the completion of the trial transcript. In order to adapt to the rhythm of the trial, complete the above requirements and make a good trial transcript, the clerk has accumulated some effective experiences, and the popularization and use of these experiences is of great help to make a good trial transcript. 1, using modern office tools for recording. Make a template of trial record. The cause of the case, the source of the case, the members of the collegial panel or the sole judge, the list of participants in the proceedings, the litigation rights and obligations enjoyed by the parties, etc. shall be stated in the court record. They were all announced in the pre-trial preparation stage. For this relatively fixed procedural content, a filling template can be made in advance, and the trial record can be modified appropriately according to different cases, or the relatively fixed * * * content can be added to the record in time by using the operation skills such as copying and pasting files. This can not only reduce the work intensity, but also improve the efficiency and accuracy of court trial records. 2. Be prepared to know the cause of action, litigants and agents ad litem in advance, strengthen communication with the presiding judge before the trial, and understand the basic ideas and main points of the presiding judge on the trial. In this way, when recording the court trial records, it can be targeted, thus improving the recording efficiency and accuracy. 3, master the recording skills, to be detailed and appropriate. In the records, the clerk should rationally analyze the contents of the participants in the proceedings, judge the real intentions expressed by the participants in the proceedings, make reasonable choices on the basis of keeping the original appearance as much as possible, and be detailed and appropriate. The following methods can be adopted: 1. Answer without asking. When there is no time to record all the questions and answers, the answers will be recorded first. Second, the reasonable trade-off method. The three stages of trial investigation, debate and final statement are the key points of the record. Therefore, the statements of the parties to a case about the facts, identification basis and applicable law should be truthfully recorded, and those irrelevant to the case can be omitted or briefly recorded. Third, make-up methods in leisure time. When the pace of the trial slows down, or when the evidence is read or presented, it can be recorded in detail, or this time can be used to modify or make up for the previous omissions. Seven, do a good job of proofreading after the completion of the trial record, but also do a good job of trial record. It is also inevitable that the clerk makes mistakes or omissions in recording the trial, and the parties have the right to correct the mistakes or omissions. There are some problems that clerks should pay attention to when completing this work. First, there are indeed mistakes and omissions. In this case, the clerk should correct it in time and the parties should confirm and sign it. Second, the clerk recorded the speech truthfully, and the parties requested to modify or supplement the recorded content after the court session. The clerk should adhere to an objective and fair position, refuse the request of the parties, and do a good job of explanation. He should not blindly agree to the request of the parties in order to save trouble, but he does not know that some amendments and supplements are enough to change the facts. For example, when recording a criminal case, the defendant did not mention that he had surrendered himself or made meritorious service during the court investigation, debate and final court investigation. If it is really necessary to supplement this situation in the original statement when checking the transcript, according to the relevant provisions of the Criminal Procedure Law, if the above situation occurs in court, the collegial panel or the sole judge will ask the prosecution to provide corresponding evidence or suggest it to conduct supplementary investigation. If the defendant requests a revision, and the collegial panel or the sole judge does not know this situation, the wrong revision by the clerk will bring adverse effects and consequences to the trial quality of the case. When the content recorded by the clerk is inconsistent with the meaning expressed by the parties, it cannot be simply corrected. Instead, while retaining the original text, the new expression of will of the parties is supplemented, and the parties make necessary explanations and confirm the signature. In short, it is not a simple matter to make a high-quality court transcript. Clerks should pay attention to the study of legal knowledge and related businesses, use "hands, brains, ears and hearts" in court, pay attention to summing up experiences and lessons in peacetime, improve the professional level and ability of clerks, and better serve the trial work. (Author: Zhengzhou Railway Transport Court)