1. summary of personal mock trial experience
According to the requirements of RTVU for the legal practice of law graduates, with the careful guidance of teachers and the close cooperation of our classmates, more than 20 students in our law undergraduate class held a mock trial practice. This time, the practice of mock trial "tried" a divorce case. We established the mock trial according to law. The presiding judge is Liu, the judge is Wan, the clerk is Xue, the plaintiff is Huang, the defendant is Wang, the plaintiff's lawyer is Dong, the defendant's lawyer is Zhang, and other students attend. First, the clerk announces the court record; Subsequently, the presiding judge announced the trial and announced the litigation rights and obligations of the plaintiff, the defendant and the parties; Court investigation; The plaintiff and the defendant argued in court; Court mediation; The deliberations of the court; Declare a judgment, etc. Because the facts are clear and the evidence is sufficient, after more than an hour of intense debate, the court made a judgment after deliberation, and the mock trial ended here. Through this activity, I have deepened my understanding of relevant legal knowledge and China's judicial practice, obtained basic training in legal thinking and professional skills, conducted self-test on the mastery of the courses I have studied and the level of professional knowledge, improved my basic potential and innovative consciousness in using legal theory and legal knowledge to find, analyze and solve problems, and learned about the procedures of court trials. Practical activities are the transformation of learning methods and an important measure to integrate theory with practice to cultivate potential; I am also aware of the problems in this mock trial; And the influence on my future work and study. Let me talk about my personal views on the mock trial. First, the court trial procedure is legal and the law enforcement is strict.
1. Three days before the trial, the court served a summons on the plaintiff and the defendant. This process prepares the parties: hiring lawyers, looking for evidence, organizing court debates, etc.
2. The trial was solemn and serious. Before the trial, the clerk announced ten court disciplines. Without the permission of the court, no audio recording, video recording or video recording is allowed; No clapping, no noise, no noise; No weapons are allowed to enter the court, no smoking and spitting, and mobile communication tools are turned off during the trial.
3. Fully respect the litigation rights and obligations of the parties and respect the personality. No matter the plaintiff or the defendant, the law should be advanced and everyone is equal.
According to the relevant provisions of the civil procedure law, the parties enjoy the following litigation rights: the right to apply for the withdrawal of the members of the collegial panel and the clerk; The right to provide evidence and cross-examine; The plaintiff has the right to apply for withdrawal of the lawsuit, and the defendant has the right to admit the plaintiff's claim and refute the plaintiff's request; Have the right to identify the disputed facts and legal relations between the two parties; With the permission of the court, both parties have the right to ask questions to witnesses and experts; Both parties have the right to ask the court for mediation. The litigants in civil litigation shall bear the following litigation obligations: (1) They shall bear the burden of proof for their own claims; The facts and reasons of the case shall be truthfully stated; Should consciously abide by court discipline; A judgment that takes effect in court. The ruling and mediation agreement must be consciously fulfilled.
4. The trial is humanized and fully respects the opinions of the parties.
Mock trial is a divorce case. During the trial, the plaintiff was asked to state the facts, reasons and claims, and then the defendant responded to the plaintiff's statements and claims, and then the two sides debated the main facts. In these processes, the opinions of all parties are respected. Because both sides agreed to divorce, they only had differences on the division of property and who should raise the children, alimony, tuition and medical expenses, and finally reached an agreement after both sides explained their reasons. In addition, the court also respected the opinions of the parties and did not conduct court mediation.
5. The trial procedure should be conducted in strict accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC): when preparing for the trial, the pre-trial clerk reads out the court discipline and asks the parties whether they received the summons for the trial three days ago; Announce the trial, and the presiding judge announces the trial with a mallet; In the trial investigation, the plaintiff stated the facts and requests, and the defendant replied; Defend in court, with both parties debating and giving evidence; Court mediation, this case because the parties disagree, mediation failed; The collegial panel deliberates, and the presiding judge and judge make judgments on the cause of the case; Announce the verdict and announce the collegial panel's collegial results.
Second, mock trial is a major change in learning methods and an important measure to integrate theory with practice to cultivate potential.
The teaching mode of mock trial is more open and flexible, unlike the knowledge in books. It has improved students' interest in learning and participated in the practice of mock trial, which makes us fully realize that the theoretical knowledge in books has played a guiding role in practice. "Simulated trial" is an important material for legal practice. In the past, self-study was the mainstay, supplemented by teachers' guidance, and it was difficult to think about problems in combination with real life. And "mock trial" has brought us a very rare opportunity for legal practice. Under the guidance of the teacher, we play the roles of presiding judge, judge, clerk, prosecutor, plaintiff, defendant, defender and litigation agent together with our classmates, and "hold a trial" in full accordance with the formal court proceedings. Starting from the case materials, it has gone through various links such as analyzing the actual situation, looking for relevant legal documents, looking for applicable legal norms, forming self-defense or agency opinions, writing relevant legal documents, and appearing in court. This personal experience enables us to understand the whole process of the case and grasp the process and result of the case to a certain extent. At the same time, in the training process of mock trial, we become the parties or participants in the case as lawyers, prosecutors or judges of the parties. Therefore, we must consider the interests of the protagonist, put ourselves in the position of analyzing the case, and strive for the result with all our strength, so that we can change our static understanding of knowledge into dynamic thinking and analysis, and then put ourselves into the practice of trial and trial. These can't be in the book.
The mock trial transforms the original script text into virtual reality and applies the learned legal knowledge to the mock trial. As the saying goes, practice is the criterion for testing truth. In the past two years, we have studied civil law, criminal law, marriage law, civil procedure law and other laws and regulations, which have been well tested in the mock trial. Let me fully realize that we should not only attach importance to theoretical knowledge, but also apply it to practice. Practical problems should be solved humanely within the scope permitted by laws and regulations.
Third, the problems existing in the mock trial.
This mock trial is successful, but I personally think there are still some shortcomings:
1, insufficient preparation for the test. Part of the evidence is insufficient, such as the defendant showed his mother a loan of 1 1000 yuan, which was not recognized, and the applicable provisions of divorce property division law were not clear enough.
2. In the trial and investigation stage, the plaintiff directly states the facts, reasons and requests; The defendant's refutation of the plaintiff's statement and the court defense made by the plaintiff and the defendant later ignored the role of the plaintiff and the defendant's lawyer, as if the plaintiff and the defendant knew the law better than lawyers.
3. In the debate stage, in this case, divorce is something agreed by both parties, so the focus of the dispute is the division of property and child support, but there is not much debate in court, which lacks authenticity.
I think the court mediation should be designed in this case, because it is "simulation", so "design" means that the defendant does not agree to mediation. I don't think this design is appropriate, and students lack the experience of court mediation.
Fourthly, the influence of mock trial on future work and study.
1. Participating in the trial activities made me have a deeper understanding of the trial procedure and understand when to state the facts; When should the two sides debate; I also learned how to give evidence; And the general rule of "who advocates, who gives evidence" allocates the burden of proof; And how to judge according to law; How to make a good record, etc.
2. Practice makes true knowledge. Through the trial in this mock trial, I tested the knowledge we have learned in the past two years and made me realize that it is not enough to have knowledge in books, but also to find problems in practice. Only by participating in more practical activities can we better apply the knowledge in books to real life.
3. Two years of study and life is really too little.
Through this activity, I realized that I had learned too little, and all the knowledge was just a passing. If I want to achieve something in the future, I must "live and learn". Only by continuous learning can we enrich ourselves, not only in books, but also in life and practice.
Use what you have learned in your future life and work.
Use what you have learned to help people around you, educate them how to abide by the law, be good citizens, bring offenders to justice, apply what they have learned and serve the society.
Five, strengthen the legal education of the people.
In the case of this mock trial, it can be seen that the parties know the law and break the law, do not know the law, and have a weak legal consciousness. At present, there are still many crimes in our country, and the popularization of law in our country has not yet reached thousands of households. Ordinary people's legal awareness is still quite weak, and juvenile delinquency and juvenile delinquency in the off-campus society are quite high. Therefore, to achieve the goal of governing the country according to law, we must popularize legal knowledge among the people and strengthen legal education. Personality is to strengthen the legal education for minors and out-of-school teenagers, guide them to learn, understand and abide by the law, make the people learn to solve problems by legal means, and realize that law is not only a sword of justice to punish evil and promote good, but also a powerful weapon to safeguard their legitimate rights and interests, so that every citizen can consciously abide by the law and act according to law, and use legal weapons to resolve various contradictions in time.
2. Summary of personal mock trial experience.
Mock trial is an important way for us to understand and know the law, appreciate the majesty of the law and deepen the theory of law, which is of great help to our study and future participation in legal work. By participating in this mock trial, I have a better understanding of the sanctity of law. Apply the original theoretical knowledge to practice and deepen the understanding of knowledge. By personally experiencing the operation of the law, I have a relatively complete grasp of the whole legal system and laid a good practical foundation for future study. I am the protagonist of criminal proceedings. In China's criminal procedure system, the prosecutor's function is to sue the defendant's criminal behavior, supervise the implementation of criminal proceedings, and maintain the majesty of law and social order. In the protagonist of "Society as a Prosecutor", I deeply realized the sacredness of the prosecutor's position and the majesty of the law. Knowing the rigor and hardship of legal work, I also found my own shortcomings. These valuable experiences and lessons are valuable wealth for my future study, which will have a great guiding role for my future study and work. First of all, in the preparatory work, I understand the rigor and hard work of legal work. Li Zhuang case is a very complicated and important case, involving a lot of evidence and complicated legal relations. In the process of case preparation, we should first clarify the legal relationship of the case, classify and summarize the complex evidence materials, prepare witness testimony and complete the public prosecution opinions. In order to accomplish these tasks, we sacrificed a lot of time and energy, conducted detailed discussions and made preparations with a rigorous attitude. I deeply understand the hardships and rigor of legal work. Every case needs to deal with many complicated facts, complicated legal relations and complicated evidence materials. This requires efforts to better grasp the case, find solutions, and do a good job in legal work. At the same time, in the preparation process, we must take care of every detail with a rigorous attitude and think carefully. Often, a detail can determine the success or failure of the case, otherwise it can only be failure and regret.
Secondly, by participating in the mock trial, I have exercised my legal knowledge and improved my practical potential. Through the practice in mock trial, I have exercised and improved my comprehensive legal potential, such as eloquence, adaptability, thinking and comprehensive application of knowledge. Combined with the study of basic legal courses, consciously use legal weapons to safeguard their legitimate rights and interests. When my legitimate rights and interests are infringed by others or organizations, I will use the laws I have studied to bring a lawsuit to the judicial organs to fight against all kinds of infringements. By participating in the teaching practice of mock trial and witnessing or experiencing the court trial procedure, our understanding of the court trial procedure is obvious and emotional, thus consolidating our knowledge and truly understanding the spiritual connotation of legal fairness, justice and authority, laying a solid foundation for the formation of legal consciousness and belief in the rule of law.
At the same time, through this mock trial trip, I also clearly saw my own shortcomings and problems. These exposed problems are the places that I need to constantly strengthen and improve in my future study, and also the direction that I should strive to improve in the future. First of all, strengthen the theoretical knowledge of law and improve the theoretical system of law. In the mock trial, I realized the shortcomings and defects of my own legal theory, the vague concept and the lack of rational thinking about the whole law. In the future study, I will improve my legal system, cultivate the potential of rational thinking and improve the potential of solving problems with legal knowledge. At the same time, we should strengthen the potential of language expression, improve the rigor of logical thinking, enhance the skills of court debate, and improve our legal potential in all directions.
3. Summary of personal mock trial experience.
According to the requirements of legal practice of law undergraduates, in order to study law more deeply, we conducted a legal practice in the form of mock trial. As a member of the legal profession in the future, it is of course essential to learn the necessary knowledge of legal theory at school, but it is most important to engage in legal practice, especially for RTVU, a learning method that is originally to train practical talents. Mock trial is an important way for us to understand and know the law, appreciate the majesty of the law and deepen the theory of law, which is of great help to our study and future participation in legal work. By participating in this mock trial, I have a better understanding of the sanctity of law. Apply the original theoretical knowledge to practice and deepen the understanding of knowledge. By personally experiencing the operation of the law, I have a relatively complete grasp of the whole legal system and laid a good practical foundation for future legal practice. Let me talk about my personal views on the mock trial. I. Concept and nature of mock trial
The so-called mock trial refers to the activity of showing the trial process in the form of simulated performance for learning and watching. The mock trial we are talking about is mainly a pure study of mock trial, and who is one of the methods of legal education. It mainly has the following attributes: imitation, learning, performance and guidance. Imitation is the most essential feature of mock trial. The mock trial mainly simulates the trial process, and the relevant case data may be true or false. The participants in related litigation are all false imitations, which are played by mock trial participants, just like playing a play. In our mock trial, I am the plaintiff, and all I think about is how to protect my rights and how to make myself profitable, so I have a feeling of being there. In mock trial, learning is our ultimate goal. We need to use our legal knowledge to learn more legal knowledge through this mock trial. The teaching of mock trial helps students to consolidate theoretical knowledge, cultivate the potential of integrating theory with practice, and improve the practical operation ability of analyzing and solving problems. We can't regard mock trial as a purely theatrical performance, but we should take the purpose of study throughout. Reasonable guidance is the inherent requirement of performing mock trial. The mock trial left the guidance of the teacher, and only students taught themselves and performed by themselves, which could not achieve good results. Students may have many problems in the simulation process, and only when the teacher points them out can they be found and corrected in time.
Second, the court trial procedure is rigorous.
Starting from the case where the teacher arranged a mock trial, the students made a detailed division of labor and began to prepare various materials according to the division of labor. From the indictment, evidence, complaint, confirmation of legal provisions, etc. In the process of case preparation, we should first clarify the legal relationship of the case, classify and summarize the complicated evidence materials, prepare witness testimony and complete litigation opinions. Finally, in order to complete these tasks, participants sacrificed a lot of time, conducted detailed discussions, and made preparations in the early stage with a rigorous attitude. Secondly, the trial was solemn and serious. Before the trial, the clerk announced ten court disciplines. Without the permission of the court, no audio recording, video recording or video recording is allowed; No clapping, no noise, no noise; No weapons are allowed to enter the court, no smoking and spitting, and mobile communication tools are turned off during the trial. I deeply understand the hardships and rigor of legal work. Every case needs to deal with many complicated matters, complicated legal relations and complicated evidence materials. This requires efforts to better grasp the case, find solutions, and do a good job in legal work.
Third, the humanization of the trial process
Fully respect the litigation rights and obligations of the parties and respect the personality. No matter the plaintiff or the defendant, the law should be advanced and everyone is equal. According to the provisions of the Civil Procedure Law, according to the relevant provisions, the parties enjoy the following litigation rights: the members of the collegial panel and the clerk have the right to apply for withdrawal; Have the right to testify and cross-examine; The plaintiff has the right to apply for withdrawal of the lawsuit, and the defendant has the right to admit and refute the plaintiff's claim; Have the right to identify the disputed facts and legal relations between the two parties; With the permission of the court, both parties have the right to ask questions to witnesses; Both parties have the right to ask the court for mediation. The litigants in civil litigation shall bear the following litigation obligations: (1) They shall bear the burden of proof for their own claims; The facts and reasons of the case shall be truthfully stated; Should consciously abide by court discipline; The court's effective judgment, ruling and mediation agreement must be consciously fulfilled. In addition, the court also respected the opinions of the parties and did not conduct court mediation.
Fourth, the existing shortcomings and problems
These exposed problems are the places that I need to constantly strengthen and improve in my future study, and they are also the direction that I should strive to improve in the future. First of all, strengthen legal theory and knowledge and improve the legal theory system. In the mock trial, I realized the shortcomings and defects of my own legal theory, the vague concept and the lack of rational thinking about the whole law. In the future study, I will improve my legal system, cultivate the potential of rational thinking and improve the potential of solving problems with legal knowledge. At the same time, we should strengthen the potential of language expression, improve the rigor of logical thinking, enhance the skills of court debate, and improve our legal potential in all directions.
I personally participated in this mock trial, and my legal knowledge was tempered and my practical potential was slightly improved. Through the practice in mock trial, I have exercised and improved my comprehensive legal potential, such as eloquence, adaptability, thinking and knowledge application potential. Combined with the study of basic legal courses, consciously use legal weapons to safeguard their legitimate rights and interests. When my legitimate rights and interests are infringed by others or organizations, I will use the laws I have studied to bring a lawsuit to the judicial organs to fight against all kinds of infringement. By participating in the teaching practice of mock trial and witnessing or experiencing the court trial procedure, our understanding of the court trial procedure is obvious and emotional, thus consolidating our knowledge and truly understanding the spiritual connotation of legal fairness, justice and authority, laying a solid foundation for the formation of legal consciousness and belief in the rule of law.
The teaching mode of mock trial is more open and flexible, unlike the knowledge in books. It has improved students' interest in learning and participated in the practice of mock trial, which makes us fully realize that the theoretical knowledge in books has played a guiding role in practice. "Simulated trial" is an important material for legal practice. In the past, self-study was the mainstay, supplemented by teachers' guidance, and it was difficult to think about problems in combination with real life. And "mock trial" has brought us a very rare opportunity for legal practice. Finally, I also thank Mr. Chen for his comments and guidance.