3. Abilities required by the court

First, the ability to communicate with others. When we are in a relationship, we are communicating all the time, but this does not mean that everyone can communicate well. I believe that everyone who can enter the court must have passed the interview. The interview is a communication process, showing your strengths and shining points to the examiner in a short period of time, leaving a good impression and getting a good score. In the future, a big task for you will be how to communicate with the parties involved. There are many types of parties, and how to communicate with different types of parties will also test your communication skills. This has nothing to do with IQ, but more to do with emotional intelligence and your ability to manage emotions. When Zou Bihua was in Changning Court, during a meeting, an old man made a big fuss below, and no one could settle it. He had no choice but to call Judge Xie Shoushan for help. How did Judge Xie deal with it? After Judge Xie went down, he asked the old man, "Mr., do you have high blood pressure? Do you have heart disease?" The old man was stunned and said yes. He immediately said, "Don't get excited, it's not good for your health." The old man immediately went to the side and sat down. He asked for another glass of water. When the old man calmed down, he asked: "Tell me what you have to say, and I will find a solution for you." As a result, the old man gave him specific requirements. Judge Xie called a colleague to deal with this matter specifically. Then he said to the old man: "This comrade of ours specializes in helping you handle this matter. Speak slowly and don't rush." ??Dean Zou concluded that Judge Xie's approach involves three effects: 1. Audience effect, the more people there are, The more excited you are. So isolate him and keep him away from the crowd. 2. Standing effect, people are more likely to be excited when standing, and it is easier to calm down when sitting down. 3. Reciprocity effect. Giving him a glass of water means that you respect him, and he will give you some respect in return. I personally think that there is another effect, the focus effect, in which oneself is more important than anything else. By being too self-absorbed, a person may overestimate his or her own prominence. Judge Xie gave the old man special attention, which would satisfy the man's focus effect and calm his emotions.

Second, the ability to ascertain facts. Everyone has different majors. Even if you are lucky enough to work in a court with the corresponding major, for example, if you major in civil law, you will also be lucky enough to work in a civil court; if you major in criminal law, you will work in a criminal court. There is still a big gap between what you have learned before and what you need to use in your work. In the exam, the relevant legal facts are fixed, and the exam tests your legal application ability. But when you enter the court, you will feel that how to find out the facts is the first step in handling the case. The plaintiff said so and the defendant said so, who is true and who is false? How to ask so that the facts will gradually appear in front of you? How to identify the evidence of all parties? Only after you have found out the facts, how to apply the second step? law. How to ascertain facts is something that is not covered in school courses, but it is a necessary ability for you to become a judge in the future.

Third, the ability to think and judge independently. The ability related to ascertaining facts is how to judge and determine facts. With the judicial reform, the role of the reporting system of court presidents, which has been often criticized before, will also be weakened. But as a young judge, do you have the ability and confidence to make judgments on your own without the control of the president of the court? Maybe some people have been accustomed to using reports as their crutches before, but without this crutch, can you make judgments on your own? Walking depends on your ability to judge and think independently.

Let’s talk about a case I handled. The plaintiff stated that the relationship between the two parties was a house rental, while the defendant claimed that the relationship was a house purchase and sale. One of the evidences provided by the defendant was a house sales agreement, and it was signed by the plaintiff. . I also had hesitations and hesitations about how to determine this case. In the end, the court’s opinion part of the judgment read as follows: As the saying goes, there is only one truth. Whether the incident involved in the lawsuit is leasing or buying and selling, only one statement of the two can be true. In this case, one party stated that it was a lease and the other party stated that it was a sale. It can be seen that one party must hope to deceive the law through his false statements in court and hope to make a profit.

According to Article 64 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation", judges shall comprehensively and objectively review the evidence in accordance with legal procedures, and in accordance with the provisions of the law and the professional duties of judges Morality involves using logical reasoning and daily life experience to independently judge the probative power and strength of evidence, and disclose the reasons and results of the judgment. According to Article 105 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China", the People's Court shall comprehensively and objectively review the evidence in accordance with legal procedures, and use Use logical reasoning and rules of thumb in daily life to judge whether evidence has probative force and its probative force, and disclose the reasons and results of the judgment. Selling rural houses and courtyards is an important event for a family. Signing a written agreement is also to avoid future disputes. First, in such an important event, it is more common sense for both parties to be present when the agreement is signed. According to the facts found in this case, the plaintiff was not present when the contract was written (the defendant stated in his written certificate that the plaintiff was not present, and the scrivener Wang also confirmed that the plaintiff was not present). This situation is inconsistent with common sense. Second, finding a scrivener and witnesses is also to prove the authenticity of the contract signing process. It is certain that the scrivener in this case, Wang, signed the contract; the witness, Hao, is the brother of the defendant. Wang, as the scrivener, has no definite statement on whether Hao was present or not; Wang, who signed the agreement XX was not at the scene at all, but the defendant asked Wang XX to make up the signature afterwards. The process of finding a scrivener and witnesses in this case is inconsistent with common sense. Third, in order to avoid differences in the content of the contract, it is common sense for both parties to keep a copy of the contract, or even for the intermediary to keep the contract at the same time. In this case, only one original contract in the hands of the defendant was inconsistent with common sense. Under such circumstances, this court has reason to question the authenticity of the agreement.

Regarding the question of whether the plaintiff was present when the house sales contract was signed and whether the contract was written on a piece of paper with the plaintiff's signature. During the trial, the defendant stated that the plaintiff was present when the house sales contract was signed. However, during the trial, he repeatedly changed his statement, either saying that the plaintiff was present or saying that he could not remember clearly, but the main meaning was that the plaintiff was present. The defendant's witness, Hao, is the defendant's brother. His testimony also confirmed that the plaintiff was present and signed the contract on the spot, rather than writing the contract content on a previously signed white paper. It can be seen that the defendant and Hao were highly consistent with the statements made by the plaintiff at the scene when the contract was signed. However, the above-mentioned highly consistent content is inconsistent with the defendant’s previous written explanation and Wang’s statement: According to the defendant’s previous written explanation, the defendant came to Wang to write the contract with a white paper signed by the plaintiff; Wang, as an uninterested party, The witness testified in court that the contract was written on a white piece of paper signed by the plaintiff. Under this circumstance, this court has reason to believe that the defendant and Hao may have made false statements.

One section for the price of 1,000 yuan. According to the defendant's written testimony, the defendant and Mr. Hao went to the plaintiff's home to negotiate and determine the amount of 1,000 yuan; and according to Hao's testimony, the amount of 1,000 yuan was agreed on the spot when signing the house sales contract; the above There is clearly a contradiction in the statement. The determination of the contract price should be a necessary and particularly important link in the house sales contract. Whether the price is reached can determine whether the sales contract can be concluded. Regardless of whether you are a party or a witness, you should have a clear impression of the time and place when the price was agreed upon. The contradiction in the statements between the defendant and Hao obviously cannot be reasonably explained.

What is certain is that the defendant did pay the plaintiff 1,000 yuan. If the price is the price of a house or courtyard, it should not be a small amount. In this case, it is common sense that a written receipt should be used. The defendant once proposed to write a "House Sale and Purchase Agreement" but did not propose to let the plaintiff write a receipt, which is really hard to believe. Article 75 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Procedures" stipulates that if there is evidence that one party holds the evidence and refuses to provide it without justifiable reasons, if the other party claims that the content of the evidence is unfavorable to the evidence holder, he or she may It is presumed that the claim is established.

The plaintiff claimed that the receipt was for rental fees, which was obviously detrimental to the defendant. The defendant claimed that there was no receipt, which was inconsistent with common sense. Therefore, this court had reason to believe that the receipt was obviously detrimental to the defendant. In summary, this court determined that there was no house purchase and sale relationship between the two parties. The house in the involved compound should belong to the plaintiff, and the defendant should return the house. Disputes over property rights confirmation are not subject to the limitation of the statute of limitations. This court will not accept the defendant’s argument that the statute of limitations has expired.

The above-mentioned abilities are what the court needs, and they are also abilities that the court can cultivate in you. Mastering the above-mentioned abilities will benefit you throughout your life.

4. Issues that new employees should pay attention to

First, ask for advice. Ask the people around you for advice. The court is a unit with relatively simple interpersonal relationships. Our center's job is to handle cases, and handle them as properly as possible. The relationship between us is simpler than that of other units. We are a team, and no matter who makes an omission, it will affect themselves, so they will pay more attention to teamwork and mutual help. When you encounter a problem that you don't know, you can ask your colleagues around you and the senior brothers and sisters you know. As long as the time is right, everyone will definitely give you a detailed answer.

Second, adjust your mentality. Thinking back then, I would have dreams from time to time about facts related to the case. It probably has something to do with thinking about it day by day and dreaming about it at night. For example, you may dream that the person involved is asking you to make trouble and hopes you will give him a satisfactory answer, etc. This is related to lack of ability and lack of preparation. Now I have basically developed a habit of taking photos of recent work arrangements on my phone and putting them on my phone. Whenever you want to know about your upcoming arrangements, you can check it at any time by turning on your phone. You know, nervousness at the beginning is a normal reaction. As long as you pay attention to every detail, you will slowly become more confident when you complete the work well.

Third, pay more attention. The business you are dealing with now is undoubtedly trivial. But trivial does not mean meaningless, and if trivial things go wrong, you and the judge may face a very passive situation. So I hope you will pay more attention. For example, how to send emails, how to call parties, how to arrange court sessions more scientifically, how to organize dossier materials, how to summarize the parties’ words, how to improve the speed of court hearings, etc. There are many experiences summarized by others in this regard. I hope everyone will pay attention and learn from them.

Fourth, talk less. What I mainly mean is that you should speak less in front of the parties involved. In the eyes of the client, even the court security guard is a court employee, and he will think that what you say is professional advice. However, the facts of each case are different, and you may not know all the facts. The evidence in each case is also different, and you cannot judge the direction of the case. In addition, each case has its own trial secrets, and you still don’t know the right words to speak. So put away your goodwill for the time being and provide guidance to the person involved if you can. Pay more attention to how other experienced clerks and judges communicate with the parties, and say less for the time being. Sample essay on thoughts and plans for future work (3)

Foreword:

In today's era of talent competition, career planning has begun to become another important tool in the battle for people. . For enterprises, how to embody the company's "people-oriented" talent concept, pay attention to employees' talent concepts, and pay attention to employees' continuous growth, career planning is an effective means; but for everyone, career life is limited, Without effective planning, life and time will inevitably be wasted. As a contemporary college student, if I step into this crowded society with a confused face, how can I meet the needs of society and gain a place for myself? Therefore, I try to draw up a career plan for myself and design my future well. one time. When you have goals, you will have motivation.

1. Analysis of external environment

1. General social environment:

China enjoys political stability and sustained economic development. It plays an important role in the global economic integration environment. However, the current economic development is overheating and CPI continues to rise.

2. The special environment of insurance:

Due to the late development of China’s insurance industry, the industry is immature and the market is chaotic. The basic version of insurance products is copied from abroad. Reflects higher premiums. At the same time, consumers have lost confidence in the insurance industry and even become disgusted with insurance. But on the other hand, it can be seen that the insurance industry is seriously lacking in talents and has broad market prospects.

2. Personal analysis

I am a contemporary undergraduate, (usually) the biggest hope of my family - to become a useful person, outgoing, cheerful, lively, and love in my spare time Make friends, listen to music, go for walks, chat, and surf the Internet. I like reading novels and essays, especially military books. I usually get along well with others and have a good mass foundation. I am cared about by my relatives, friends and teachers. Like innovation and have strong hands-on ability. Work seriously and devotedly, but lack perseverance, perseverance and patience. Studying is like "three days of fishing and two days of drying the net", so that I have never been able to become a top student. Sometimes he is sentimental and does not have the temperament and personality to become a great person. It's worth mentioning, though, that the math is pretty good.

3. Solve the disadvantages and shortcomings in "personal analysis"

1) Perseverance problem: You can use your positive enthusiasm to push yourself, and over time, you will slowly develop it , make full use of the advantages of the large group of relatives and friends who have always cared and supported me, sincerely consulted classmates, teachers, and friends, promptly pointed out various differences in self-existence, and formulated corresponding plans for correction.

2) Patience issue: Slowly exercise your patience by doing daily life things, such as fishing, puzzles, Go, etc.

4. Establish goals:

Based on your interests and majors, you should develop into actuaries and marketers in the future. Focusing on these two aspects, I have made a preliminary plan for the next fifty years as follows:

1. A successful academic period from 20__ to 20__: make full use of the advantages of the campus environment and conditions, and earnestly learn professional knowledge , cultivate study, work, and life abilities, comprehensively improve personal comprehensive quality, and prepare for employment. (See below for specific plans).

2. 20__-20__ years, familiarization and adaptation period: It will take about 5 years to initially find a working environment and position suitable for one's own development through continuous attempts and efforts.

Main content to complete:

(1) Educational qualifications and knowledge structure: Pass the Chinese Actuary Examination (9 subjects) and obtain qualification certifications such as Financial Planner. Begin to get in touch with society, work, and become familiar with the work environment.

(2) Personal development and interpersonal relationships: During this period, the main work is to do a good job in the basic work of career, strengthen communication, and humbly ask for advice.

(3) Living habits, interests and hobbies: In an appropriate social environment, try to form more regular and good personal habits, and participate in fitness sports, such as basketball, football, table tennis, etc.

3. 20__——2053, in your own job, contribute your own strength in a down-to-earth manner, and have a perfect family.

5. Conclusion

Plans are good, but more importantly, they are implemented and achieved results. Any goal that is just talked about but not implemented will end up in vain. However, the reality is unknown and changeable, and the set goal plan may encounter problems at any time, requiring a clear mind. In fact, there is a mountain peak in everyone's heart, carved with ideals, beliefs, pursuits, and aspirations; there is a forest in everyone's heart, carrying harvest, fragrance, frustration, and hardship. If a person wants to succeed, he must show courage, work hard, fight, and struggle. Success does not believe in tears; success does not believe in decadence; success does not believe in phantoms. In the future, you have to work hard on your own!

Through this career planning, I have clearly understood myself and established my own direction of efforts and career positioning, so that I can maintain a stable and normal mentality and proceed in an orderly and step-by-step manner according to my goals and ideals. work hard.

Of course, although the plan is good, the most important thing is its specific practice and the results achieved. However, the reality is unknown and changeable, and the plans may encounter problems at any time, which requires us to have a clear mind, objective analysis and comprehensive understanding. Everyone has his or her own ideals, beliefs, ambitions and pursuits, and everyone desires success, but in this process we must adhere to our beliefs, persevere, and be down-to-earth!

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