Current location - Quotes Website - Signature design - How to make a good record of collegiate bench's deliberation
How to make a good record of collegiate bench's deliberation
in order to make a good record of collegiate deliberation cases, we should first know the rules for collegiate panel deliberation cases: (1) the presiding judge shall preside over the deliberation and guide the collegiate panel to fully appraise the nature of the case, the admissibility of evidence, the determination of facts, the application of law and fair handling; (2) The presiding judge of a case shall objectively and comprehensively report the case, truthfully state other information related to the case, summarize the focus of the dispute, list relevant evidence and confirm the facts of the case, and put forward opinions, reasons and applicable laws; (3) Members of the collegial panel freely, fully and independently express their clear opinions on the admissibility of case evidence, confirmation of facts, application of law and fair judgment; (4) The presiding judge shall summarize the contents and results of the deliberation and form a clear conclusion of the collegial panel; (5) Members of the collegial panel shall review the collegial panel record and sign the review record. The collegial record shall be complete and accurate. After knowing the basic rules of collegiate bench review, we should be familiar with the format requirements of collegiate bench record, so I won't repeat them here. Several difficult problems in the process of recording collegiate notes: first, what should I do if I don't understand? First of all, try to make sure that you understand the case. The specific way is: when the sponsor reports the case, listen carefully to the sponsor's report or read the judgment of the original trial (for the second-instance case, check the first-instance judgment, retrial judgment, check the first-instance judgment and second-instance judgment) and the opinions of both parties, including the first-instance complaint, the second-instance appeal, the retrial application and the defense, and make a sketch. If you still don't understand the statements made by the judges in the appraisal process after completing the above preparatory work, don't be shy and polite to ask the judges for their opinions on the relevant statements, or explain your understanding to the appraisers in order to get their confirmation or correction. Second, record the original words, or according to your own understanding? First of all, we should take the time to adjust the word order and grammatical errors. In the process of speaking, people will frequently have the phenomenon of word order inversion and subject omission. You should identify these mistakes in your records as soon as possible and correct them. The question is, for the statement that there is no word order and cultural rationality, is it to record the original words or not to remember them according to your own understanding? My suggestion is to record the original words as much as possible. The connotation of language is rich. Two words that you think have the same meaning may have quite different meanings in different contexts, and some words are carefully chosen by the reviewers. Self-righteousness may lead to the deviation between the recorded content and the real meaning of the reviewers. Third, can all the comments be recorded or omitted? In my opinion, the role of a clerk is equivalent to a historian. Our duty is to be faithful to what happened, and we have no right to abridge certain situations with our own likes and dislikes or self-righteous judgments. However, for a discourse that is too long, closely discussed, consulted and confirmed with each other, a summary record can be made. For example, if a judge can't confirm individual subtle plots, he asks the organizer, and the organizer and another judge explain them, the judge understands the deviation, asks again by rhetorical question, and the other two judges supplement explanations one after another, and so on, and so on, if it does not lead to further in-depth discussion, it can be omitted. Of course, in this case, you can ask the presiding judge whether this section is recorded. Fourth, whether to correct some mistakes made by judges? Most of our clerks have received higher legal education, and some of them have passed the national judicial examination. They have considerable professional knowledge reserves. Under the long-term teaching of judges, they have certain ability to judge the case. Therefore, for some mistakes that occasionally appear in the judges' comments, such as mistakes in legal terms and mistakes in quoting legal provisions, the clerks can ask the reviewers, who will judge to determine whether they have revised the previous statements, which is responsible for the quality of the case. Fifth, whether to express opinions on the case? Some collegiate panels will take the initiative to consult the clerk according to the circumstances of the case. The clerk can express his opinions generously at this time, but he should maintain a modest and learning attitude. If the collegial panel does not take the initiative to consult the clerk, the clerk can decide whether to express his opinions according to the situation. If the situation and time permit, he can express some opinions on cases with strong discussion. For cases with weak discussion, but he has doubts, he can consult the judge with the attitude of learning knowledge. The above is what I learned when I recorded the collegiate record, and I will share it with you. Page 1 * * * Page 1