Article 123 of the Civil Procedure Law of People's Republic of China (PRC) * * * Before the court session, the clerk shall find out whether the parties and other participants in the proceedings appear in court and announce the court discipline. At the hearing, the presiding judge shall check the parties, announce the cause of action, announce the list of judges and clerks, inform the parties of their litigation rights and obligations, and ask the parties whether to apply for withdrawal. Article 133 stipulates: "The clerk shall record all the activities of the court trial in a written record, which shall be signed by the judges and the clerk. The court record of the clerk is very important. So what? To do this job well, there are certain requirements for clerks: clerks should train themselves to improve their own quality in peacetime and practice five basic skills: (1) They should have comprehensive legal knowledge. To strengthen and persist in legal research, we should learn not only substantive law but also procedural law. Only by studying the law and being familiar with the law can the court record not go wrong. 1. Be familiar with the elements of the establishment, alteration and elimination of various civil legal relationships. The clerk should always pay attention to the facts of these elements in the record, have a choice and a choice, and can't record the trial indiscriminately; 2. Be familiar with the procedures in all aspects of litigation, especially the civil trial methods and court procedures, as well as the qualification, agency, withdrawal, collection and proof of all kinds of evidence, and the litigation rights and obligations of the parties; 3. Further study and master the evidence provisions in civil litigation, and master the complete and accurate records of the provisions on cross-examination and court certification in the provisions, which are directly related to the effectiveness of evidence and the result of case handling. (two) familiar with the basic situation of the case. The recorder must read the case record in court and be familiar with the case. First of all, by reading the case file, we can understand the key points of the case and the basic situation of the participants in the lawsuit. If the case is complex and involves a large number of people, it is necessary to make some summaries. First, find out the technical terms, nouns, numbers, dialects, names, place names, names of unusual things, new words, etc. involved in the case, and make a good record of the trial to avoid the phenomenon of forgetting, remembering incompletely or missing words and sentences. If necessary, you can bring a complaint or a private complaint for reference in the court record to avoid mistakes caused by different sounds and words. Secondly, through the understanding of the case, combined with the legal provisions that may be involved in the case, the serial number of the terms can be recorded first, so that the corresponding space can be reserved for later recording, so as to quickly transfer the thinking to the next question. Of course, you should be familiar with the characteristics of the participants before the trial, such as accent, speech speed, expression ability, etc. A correct understanding of the defendant's opinions and defense points on the indictment is helpful to improve the quality of the trial transcript. (3) Understand the judge's trial style. In trial practice, every judge has different trial methods, such as asking questions quickly and slowly, some are used to improvise, some love to use questioning language, some are used to asking questions strictly according to the interrogation outline and so on. Therefore, in order to cooperate with the trial and make a good record, the clerk must be familiar with the interrogation methods and characteristics of each judge; For more complicated cases, before the trial, we should exchange opinions with the judge, understand the trial ideas, master the judge's trial style and main points, and understand the purpose of each question in combination with the case, so as to grasp the key points of the trial question and answer. In addition, you can consult with the judge. When interrogating or inquiring about complicated and important facts or encountering the situation that the accent of the parties is unclear, the judge may be suggested to repeat the questions or let the parties and defenders repeat them and make a complete record. (4) Have a sense of responsibility. Transcript work is very hard, and trials are often one after another, often with tired hands and sore arms. You must have the spirit of suffering. Loving this job is the premise of making a good record, and a high sense of responsibility is the guarantee of making a good record. As court clerks, we should always think that our records are an important carrier of the rights and obligations of both parties and will be tested by history, so we must not be sloppy and sloppy. (5) Strengthen the cultivation of writing and improve the ability of generalization. Recording is also a science, so you should keep the original intention in recording, and don't choose it at will according to your personal preference. On this basis, we strive to be concise in language and fluent in arts and sciences. The clerk should have the ability to distinguish the key points of the case and refine the summary. When recording, try to record according to the original words. The general plot and repetition can be summarized without losing the original intention, and the text should be refined. In addition, the recorder should be widely literate, use words and sentences accurately and regularly, conform to the stylistic characteristics of legal language, keep the narrative angle consistent, pay attention to reasonable word order and proper use of punctuation marks, and ensure the truthfulness and objectivity of the trial transcript. Summary of the key points of making trial transcripts An ideal trial transcript should at least meet the following requirements: First, it should be faithful to the original appearance of the trial and completely record the whole process of the trial; The second is to accurately record the statements, excuses, opinions and opinions of the participants in the proceedings; Third, the format is standardized, the page is neat, clear and smooth, and there are no typos. How can we make an ideal trial record? On the basis of learning from others' experience and combining with my own practice, the author thinks that there are two main points in court trial transcript: (1) making a template of court trial transcript. Some trial records are completely fixed procedural contents, such as the announcement of the cause and source of the case, the announcement of the members of the collegial panel and the list of participants in the proceedings, and the litigation rights enjoyed by the parties. For this part of the content, we can make a filling template in advance, make appropriate changes according to different situations, or use the operation skills such as file switching, copy and paste to add relatively fixed * * * content to the transcript in time. This can not only reduce the work intensity, but also improve the efficiency and accuracy of court trial records. (two) master the recording skills, so that the details are appropriate. In addition to the speed of speech, the dialect, expressive ability and organization of the participants in the proceedings will also bring certain difficulties to the recording work. Therefore, it is necessary for the clerk to rationally analyze and judge the true intentions expressed by the participants in the proceedings, and make reasonable choices on the basis of keeping the original appearance as much as possible, so as to be meticulous and appropriate. Generally speaking, the recording skills are: 1, avoiding questions and taking answers, and giving priority to recording answers when it is too late to record all questions and answers; 2. The method of removing the false and preserving the true, that is, analyzing the true intentions of the participants who are far from the subject and have nothing to do with the case, and recording the content that has nothing to do with the case; 3. Take the new law and abandon the old law, and record the new opinions and opinions of the participants in the proceedings in detail, and the repeated contents can be brief; 4. When the pace of trial slows down, or there is a gap between reading and presenting evidence, you can record it in detail, describe the tone and expression of the parties appropriately, or use this little time to modify and make up for the previous omissions. The following are some tips on how to improve the quality of court transcripts summarized by a court clerk according to his own practice, which I hope will be useful to you: the quality of court transcripts depends on the quality and level of court clerks. Because it is impossible for a clerk to record everyone's language word for word in litigation activities, it is difficult for a clerk to make qualified transcripts or even high-quality transcripts in a short time only by writing speed and typing skills. However, if you can use the recording skills flexibly, you will get twice the result with half the effort and greatly improve the quality and efficiency of recording production. (1) is highly concentrated. After the judge announced the trial, the clerk entered the trial as quickly as possible, thus entering the trial and integrating into the trial. When recording, a man inputs (writes) a sentence, remembers a sentence in his head and hears a sentence in his ear. During the whole recording process, always keep the words you hear up to date, and record them in time by other methods to avoid missing content. In the process of recording, nervous mind and delay in recording lead to confusion of hands and brains. When the recording is suspended, the recorder should resolutely give up what he has heard, put his mind right, and ensure that the writing and typing in his hand don't stop for too long. The most fundamental thing is not to be distracted and pay attention to the adjustment of emotions, which plays a vital role in whether the writing of the trial transcript is clear, the levels are clear and the language is accurate. (2) Practice hard and constantly improve the typing speed. When using computer to record court trial, the importance of typing speed is undoubtedly the first, which is the basis and foothold of doing a good job in court trial. Only by improving the typing speed can we adapt to the rhythm of the trial and record the trial content comprehensively and accurately. Generally speaking, the average person's speech speed is around 180-200 words/minute. Taking this as a standard, the typing speed of 80 words/minute is only the most basic requirement of court trial records, and it can basically meet the recording requirements when it reaches 120 words/minute. To be comprehensive and accurate, the typing speed must be 160 words/minute. Frankly speaking, such a requirement is not easy to achieve, but there is nothing difficult in the world. As long as you work hard and practice seriously, it is not impossible to achieve this goal. Of course, in this process, not only perseverance and perseverance are needed, but also certain methods and skills are needed. 1, pay attention to accumulating vocabulary and establish your own professional vocabulary. Taking Wu Bi input method as an example, typing a word often requires four keystrokes, while typing a phrase containing two or more words only requires four keystrokes. From this, we can easily see that no matter what kind of input method, phrase input is very important to maintain the speed advantage. Therefore, we should pay attention to the accumulation of common words, especially professional words, in our daily work and practice. On the one hand, we should focus on phrase input and try our best to form a good habit of phrase input; On the other hand, we need to record phrases into the long-term input method and establish our own professional thesaurus. By accumulating and enriching the professional thesaurus, it is helpful to improve the typing speed. 2. Make a training plan and practice in stages. To practice typing, you must make a practical training plan for yourself. You can't rush for success, and you can't be exposed for one day and indifferent for ten days. First of all, test your typing speed and understand your situation. As a starting point, the training process is divided into several stages, such as improving 10 words per minute. Secondly, the impact stage goal, improve to a stage and remain stable, and then continue to impact the next stage goal. In the process of training, you can use some practice software to gradually improve the typing speed by practicing from easy to difficult. Third, we should avoid piecemeal and scattered practices, because the effect of such practices is not ideal. It is necessary to arrange working hours reasonably and strive for the support of the unit. We should concentrate on doing intensive exercises for at least one hour every day. Such training often gets twice the result with half the effort. (3) calmly deal with accidents. There will inevitably be some unexpected situations during the trial. A good clerk should be calm and don't panic. Here, it not only tests the professional quality of the clerk, but also fully embodies the psychological quality of the clerk. The clerk should cooperate with the judge tacitly and handle emergencies calmly and properly. If, due to the reasons of the parties, during the trial, the parties are nervous, emotional, or angry with the other party's statement, and suddenly faint or have a heart attack during the trial, the clerk shall immediately stop recording, save the written materials of the relevant cases, and assist the parties in treatment, and make a true record of the whole situation after the trial. For other reasons, such as using a computer (speed recorder) to input and print in court, if the computer (speed recorder) fails, you should apply to the presiding judge for a temporary recess as soon as possible to troubleshoot. If the fault cannot be eliminated as soon as possible, it may be recorded with a pen with the consent of the presiding judge. In short, no matter what happens in the trial, the clerk should keep a clear head to ensure that things are not chaotic, first save the relevant case materials, and then supplement the relevant records to ensure the authenticity and integrity of the trial transcript.