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How to be an excellent clerk
The so-called scribe is to record the whole process of people's deliberation and speech in written form. In ancient times, it was called recorder (recording record), also called touting, also called recorder. Now the party committees and government departments are all called secretaries, so this work is very important. They are called scribes in courts and procuratorates. In court, because a lot of work is trial, the trial of a case must face both the original and the defendant, investigate and collect evidence, but only ask without taking notes, so that only the inquirer knows the case and the other person doesn't. In order to let people who are not present know about the case through archival materials, it is necessary to have recorded materials. This work must be recorded and compiled into written materials by the clerk, and the recorded written materials can truly reflect the true face of what happened. For this reason, to be an excellent clerk, you must have a solid cultural foundation, an agile and flexible mind, and a "fast" writing speed. And "fast" at the same time to achieve neat calligraphy, you can't just know what others don't know. Abbreviations, in particular, must be universal and cannot be made by yourself, otherwise the meaning will be reversed. I entered the court at the end of 1980. As soon as I entered the court, I worked as a clerk in the civil court. At that time, it was difficult. First of all, I don't understand this language. Second, their majors are wrong; Thirdly, I have never done any work in this field, especially because my education level is low, and I only graduated from technical secondary school. My primary and secondary school days were spent in vain studying and going to the countryside. I haven't learned any cultural knowledge, and I have a poor foundation and can't write well, let alone "fast". Through hard work and the care of former leaders, they inherited, helped and guided, gradually understood and mastered the specific content and requirements of this work, and grew up. First, improving one's own cultural level is the basis of doing a good job in written records. Any department and any field cannot do without it. As the saying goes, "a good memory is not as good as a bad record." Doing a good job of recording is inseparable from the knowledge of cultural level. Therefore, we should learn cultural knowledge well and do a good job in writing. In order to adapt to the work, I taught myself Chinese, writing and legal knowledge in senior high school day and night, took the self-taught examination for adult higher education, taught myself Chinese and writing in college, and bought many books for my own study, which improved my cultural level and laid a solid foundation for being a good clerk. To get used to this job. Second, business proficiency is the key. Because the court clerk is faced with all kinds of trial business, it is impossible to do this work well without knowing the legal knowledge of trial business. At that time, because I had just entered the court, I didn't understand any legal knowledge. I have to learn by doing. I began to face civil trial and mediation, and listened to lectures on marriage law and civil affairs. At that time, there was no Civil Law and Civil Procedure Law, only the Marriage Law, and many cases were judged by experience and social effects. At that time, I bought some books on legal knowledge, such as how to go to court ... self-study. In the face of divorce cases, I didn't understand the reasons for divorce and emotional breakdown at that time. Through the teaching of the old leaders, you can grow up little by little and become an expert from a layman over time. This is much easier to record, so mastering the business is the key. Third, being able to record quickly is to record all the processes of people talking, asking questions and answering questions. It is really not an easy task, and it is necessary to ensure that others can understand and see more comfortably on the premise of speed. For this reason, writing more and practicing more can achieve fast. Because of this, if you have nothing to do, you can practice calligraphy, brush calligraphy, pen drawing, regular script and later regular script to make your own words visible and tangible. Cultural knowledge is indispensable under the premise of quickness, and only high culture can induce it. Write down the meaning of a paragraph said by ordinary people in a highly summarized way to ensure the authenticity of the original words. For example, the plaintiff in a divorce case asked to leave, reflecting that the defendant always beat him regardless of the occasion and time. He often talks about the specific time when he arrived there and how someone was there, so we just need to remember to beat and scold him many times and write down the time when he was injured and hospitalized, that's all. In criminal cases, in the past, many defendants got together to make trouble and fight with each other. In the past, they were punished as hooligans Often the parties just say according to the whole process, you hit me and I throw stones. How big is it? It is often repeated many times, so that "stone" will appear many times, and sometimes it can be replaced by a "stone ~" and a new number. At the same time, the defendant XXX was replaced by the defendant XXX, the defendant Wang and the defendant Li, the prosecutor was replaced by "public", and the presiding judge was replaced by "long" and questioned with question marks. Instead, it won't get stuck, it won't forget the previous paragraphs, and the later ones will be missed because the records can't take root. In the rapid process, we must concentrate, open our eyes, listen to all directions, remember with our hearts, brains and eyes, and then quickly summarize and record the situation at that time, so that others can see the transcript, as if they had experienced the whole process of the trial. 4. Diligence, dedication and selfless dedication are the guarantee. Because the clerk is the lowest level of the court, he is indispensable to do specific work, from receiving the case to closing the case, binding and filing the case. There are many specific things, especially in the case of a large number of cases, which require frequent overtime. In the past, when dealing with civil cases, it was said that "the parties talked and the judge broke his leg". After the case comes, the judges have to go to the grassroots to investigate and collect evidence. No matter what witnesses or things the defendant and the defendant mentioned, they should be investigated. Even the medical expenses to compensate for the loss have to go to the medical record room of the hospital to check whether he has used tonic. We must look for witnesses. If they are not at home during the day, they have to look for them at night. That's because there is no means of transportation for handling cases, and they have to rely on it completely. Therefore, without the spirit of dedication and selfless dedication, we can't do this job well. Let's talk about the specific work of the clerk first: First, the production of court transcripts. Now, whether it is a civil or criminal case, whether it is a summary procedure or an ordinary procedure, it needs to be heard in court. Whether to hold a trial or not, the trial transcript is evidence. As for the trial record, our clerk should know the case like the back of his hand before the trial, and write down the basic information, names and addresses of the parties and the list of members of the collegial panel in advance, so as to record their questions, answers, evidence, cross-examination and defense opinions during the trial. When stating the lawsuit, request and reason to the plaintiff, they will often read it out according to the complaint, and some oral complaints will be messy. Let our clerk record this content completely, just as it was said in the original judgment, with ellipsis ... See the complaint for details. The defendant's defense is the same ... see the defense for details. During the trial, the presiding judge asked "dragon" in front? Use "?" The questioning judge asked "trial" instead of "?" Question mark, jurors ask "accompany" instead of "?" No, the plaintiff replaced the answer with the word "original". If there are a large number of plaintiffs, it shall be the original plaintiff, namely, one person, XX ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Then write down the cross-examination opinions and the judge's authentication opinions. This is the concrete application of the word "fast" by high-level culture and professional knowledge. Second, the arguments of both sides, the plaintiff said first, and then wrote the original text, and the defendant wrote down his own views, not all. In short, this aspect does reflect the problem of personal ability, and then mediation. In the process of mediation, we must write down the views of both parties and the opinions of the judge, and then make a mediation agreement separately after reaching an agreement. Mediation agreement is based on the process of mediation record, not fabricated out of thin air. After the production is completed, it will be submitted to the original author and the judge. If they want to correct what they said, they must raise their hands, otherwise it will be invalid. After reading it, they must sign the record on it, and then sign their names as I said, touch it and record it. Every page should be signed, not only the front cover and back cover, but also the front cover and back cover should be signed by the agent, and then by the presiding judge, judges and jurors. This kind of court record is relatively complete and there is nothing to be picky about. With the development of science, the era of writing with pen will be replaced by high technology. It is to record the above process in a computer with a speed recorder and then print it into a written record. Maybe we need another process at the grass-roots level, so before the advanced equipment, manual recording is still our clerk's specialty. Two, the collegiate bench record is that after the trial of the case, the original defendant and the defendant can not reach an agreement under the auspices of the judge, and the focus of the dispute between the two sides must be judged by the judge. At this time, the members of the collegial panel will comment and discuss the facts of the case, the focus of the dispute and the applicable legal basis, and the clerk should truthfully record his views and form a transcript. The content should be detailed, not too simple, and the consensus must be added after reaching an agreement ... If the dean is present, a list of attendees needs to be added. This is relatively simple. Third, the judicial committee is responsible for the adjudication of difficult cases in our hospital. When I was in the office before, the undertaker introduced the case and put forward opinions and opinions of the collegiate bench and the court, but there was no case report. Only a few cases have trial reports, so it really requires a strong professional level to record each case and the opinions expressed by each member. The minutes of the judicial committee are very important in court. The office should file him and keep him forever. Many appeals and review cases often need to look at the minutes of the IEC meeting to see the opinions discussed at that time, so they must be recorded in detail (of course, it means highly summarized and summarized into written materials), and then only the unanimous opinions are written into the minutes of the IEC meeting, signed by the IEC members and filed as the basis for finalization. At present, the reform of our court is that the undertaker of each business court reports and the clerk participates in the record. Record members' opinions and file them, and the office records are still filed by the office. So when recording this record, our clerk should also be prepared. First, fill in the cause of action, the cause of action, the basic information of the parties and the list of participants in the judicial Committee, as well as simple cases, opinions of the collegial panel, opinions in court and the focus of disputes. Don't rush to write yet. They often fill in forms temporarily, but the opinions expressed by members are useless, so they can't hear or hear their opinions on case handling, and there are many members. The word "surname" should be used instead. Some people say that the word "Xu" should be used. For example, Dean Xu said that because the name and position had been written before the preparatory work, and the opinions of the members were highly summarized one by one, especially his views could not be omitted. Four. Binding and filing of cases After the case is concluded, it shall be bound in time and classified according to the binding order. This is a judgment case. After discussion by the judicial committee, it should be bound according to the main volume and the auxiliary volume, that is, the internal materials of the court should be classified into the auxiliary volume, mainly the trial report of the case, the collegiate bench record and the discussion record of the judicial committee. In the process of binding, fill in the catalogue and number, and put three blank sheets on the back of the case file, keep three copies of the judgment, put a small paper bag or envelope on the back of the case file, stamp the binding rope, fill in the filing form as required to prepare for filing (in duplicate), and keep one copy in your own court. In addition, all legal documents will be bound into a book, one copy a year, which is more convenient for our commercial courts or hospitals to consult. Author: Jiujiang County People's Court of Jiangxi Province, 1 *** 1 page.