The afternoon of May 25th, in the careful planning and coordination of administrative law Peng Xiaoxia teacher, all the students in Xuzhou Normal University 08 administrative class came to Xuzhou City Yunlong District People's court, in the court of Chancery Court, listened to a field for the administrative litigation cases against an administrative punishment of public security administration, as the administrative law courses this semester internship. This is the first time we went to trial in court, to participate as observers in our classmates and other students as well as some lawyers. We hope that through this administrative cases to the court hearing, to understand the real case about administrative cases, and realize the authority of our judicial work. Let the combination of theory and practice, so that we have a deeper understanding of the subject of administrative law.

1:30 or so, we arrived at the destination. The car is heavy, solemn Yunlong District People's court building will stand as firm as a rock in front of us, the solemn national emblem too high suspension in the upper court building, we immediately by the judicial authority of a justice awe inspiring the rendering.

At 2:00, the court, the first by the court clerk audit discipline, then chief justice, judges and people's assessors to sit in court. Next, began a series of trial court case statements, adducing evidences, verification procedures of the argument. The judge did not we think so serious, but his dignified image can be seen in the strength of character and temperament is an admirable. We sat quietly in the courtroom, respect the court staff arrangement, abide by the court rules, pay attention to maintain their good image of Xuzhou Normal University as a student, conscientiously do a good job record and feedback, began hearing.

In this case the plaintiff: Wu Moumou, ordinary citizens, with full capacity for civil conduct, not to apply for withdrawal, the plaintiff himself and lawyer two people together to appear in court; the defendant: Xuzhou City Public Security Bureau to apply for withdrawal, Yunlong, appear in court by the agent ad litem two agent; the plaintiff refuses to accept the administrative punishment: security management.

The main conditions of this case is: the defendant (Xuzhou City Public Security Bureau) to the plaintiff (Wu Moumou) in the online publication of false information by network, obtaining money by, decided to give the plaintiff in administrative detention for fifteen days. The plaintiff may file an administrative lawsuit, the plaintiff, defendant, program illegal, erroneous application of the law, and the plaintiff has evidence to prove that the power performance is not false information, request the court to revoke the defendant make decisions of punishment and administrative compensation 37900 yuan.

The trial judge and in addition to a judge and a jury trial, so this is a collegiate trial. Collegiate system refers to the trial court when the collective trial and appraisal system. The collective, is more than three trial group; trial and evaluation, refers to the case by the judge after hearing the common collective review, foreign in the name of trial collective responsibility, in the litigation to trial the collective exercise of their litigation rights and perform the litigation obligations.

The judge declared after the hearing, first is his information to the parties is checked, announced the cause, and asked whether the parties to apply. Then the court investigation and debate stage. The plaintiff litigation statement, including the following several points about, namely the defendant refused to evidence of the plaintiff, the defendant and the violation of the principle of majority of improper evidence, the defendant violated the bona fide third party property... Therefore, request the court to revoke the defendant to make administrative punishment, and require a certain administrative compensation. Below by the defendant and his agent ad litem statement, required by law to maintain its on the punishment decision.

Below is the presiding judge to verify the arguments. To debate the defendant to the plaintiff's point of view, that the defendant is not evidence of a comprehensive, there are false, the lack of evidence. The defendant to the plaintiff against the debate. The plaintiff asked the public security organs to the evidence on the punishment must be comprehensive, but it is thought the police did not do this. Request the public security organ in the plaintiff's ability (i.e., summon wind and call for rain) were identified, but no effect on subjective identification of the public security organ position. Therefore the plaintiff that the defendant shall exercise the powers of the offside, the case should be civil relationship or a business relationship to mediation, but not violate the security regulations.

The following arguments continue... In the trial process, the plaintiff asked judge statement argue more, we can also see the plaintiff lawyers turned over the materials in the non-stop, looking for the law.

Hearing about this case lasted nearly 3.5 hours, the middle adjourned for two times, second times in the vacation ended, 5:33 PM, the judge read the verdict. Through their collective trial and evaluation, to determine "oral and video as witness the plaintiff to provide the disc and other related information on the case with no correlation", therefore inadmissible; at the same time that the "plaintiff behavior accords with fraud". "The defendant of administrative punishment decision of the plaintiff, correctly applies the law, legal procedures", so "to maintain the administrative punishment" of the plaintiff; rejected the plaintiff's request for administrative compensation, "such as primitive judgment, can be 15 days to the Xuzhou City Intermediate People's court in the day of receiving the written judgment appeal". The above is the trial final judgment.

The time to attend the trial review, can be summarized as follows:

(a) the court to seriously implement the open system, carry out the trial activities according to law, to better reflect the legal procedures. Except for the provisions of the law court is open court cases, the general can open trial. The administrative litigation cases did a public hearing, the court of the legal procedure, activities orderly, clear, complete stage process, equal protection of the litigation rights of the parties, enhance transparency in the work of the trial.

(two) Deepening Judicial, procuratorial system reform, perform their duties according to law, and strive to achieve judicial justice. According to the judicial reform, in order to fully perform their duties as the goal, focus on improving the quality of the trial, the prosecution, embarks from the reality, in the trial mode basically realized from the "inquisitorial" the transition to "plea" by both parties, the burden of proof, cross examination and debate activities, and the judge's certification, implementation ascertain the facts, distinguish between right and wrong, the correct application of the law, enforce the judgment court purpose. The trial on the further implementation of the collegiate bench and judge responsibility system, pay attention to play the role of people's jurors, strengthen the judicial organization in the trial function.

(three) continue to strengthen the team building, efforts to improve the hearing ability, better show the judicial civilization. Judicial and procuratorial personnel with strong court, public prosecution service ability, the overall quality of higher. The majority of the judges can correctly guide the litigants in litigation activities according to law, grasp the rhythm of trial, the timely processing of various emergency situations in the trial, the trial activities to ensure smooth. In the trial activities they are full of vigor, dignified, language, manners, show the modern judge deserved fair, justice, civilization image.

Results in more at the same time, also discovered and noticed problems and deficiencies in some trial process (only personal views):

(a) on the understanding of the trial. In the case of trial the jury did not pay enough attention to the trial work, responsibility heart is not strong, working rough comparison. Such as listen not serious enough, failed to participate actively in the courtroom, not a formal dress, on the bench sitting posture is not correct, thus affecting the trial democratic atmosphere and a quality, etc..

(two) the trial work on normative questions. The presiding judge of the CD image evidence of repeated ignored, personally, is not completely let the correlation recognize the evidence, the presiding judge for evidence and argument sufficient to convince the plaintiff, so can avoid the effect of the presiding judge for CD image evidence the plaintiff has repeatedly proposed produces its mood we can feel the requirements, the presiding judge on the generated resentment. Or, the presiding judge can warn the gavel, to enhance the authority of the court, and can avoid repeated language reminder.

(three) a comprehensive ability of the trial, the judge failed to give full play to the role of people's jury, the jury in the trial process is redundant, and some problems of the generalization capability is not strong, inductive focus disputed incomplete or inaccurate, and some even in the trial failed to make a clear statement. The important point is, the presiding judge in the process of the whole trial, spent most of the time in a verification of the plaintiff, basically have asked the legitimacy of evidence in the debate of the plaintiff, and very little evidence of the legitimacy of the debate, which will inevitably make the sit in the presence of classmates and his lawyer "Officials one another." too.

(four) the lawyer debate ability and personal image needs to be improved and strengthened. This case the plaintiff's lawyer is from Shanghai, but do not have the international metropolis lawyers what kind of elegant and dignified, but let a person feel very casual, It is often seen. indecent phenomenon in the trial to drink, cross your legs, laughing, his. So we can imagine, most lawyers in China are so? Thus to create a good image of the trial lawyers in China remains to be further strengthened. Secondly, strain capacity, the plaintiff lawyers should be improved, such as in the debate, the plaintiff lawyers constantly refer to legal provisions, on the merits of the mastery of serious lack of, is the basic words echo what the books say, Chen speed not a debate, the quality problems.

(five) the media should pay attention to the rules of the court. The trial will allow Jiangsu TV and Xuzhou TV media organizations of the two evangelical, reflects the openness and transparency of modern judicial procedure operation, to strengthen the supervision of the whole society to judicial procedure judicial organs, this is a benefit without harm, is conducive to the promotion of the judicial transparency. But in the course of the trial, the two media in order to capture the judicial personnel and the parties "statements of lens, at the court came to go, not let you feel this is the court solemn and authoritative" provocative ", so this is a problem that should be paid attention to.

In this regard, suggestions on Further Strengthening and improving the work of the court:

First of all, to seriously implement the requirements of justice for the people, to establish a correct concept of justice. To realize the fairness and efficiency of justice, promote social fairness and justice, the judiciary practice the "Three Represents" important thought and Scientific Outlook on Development, implement the centralized embodiment of justice for the people. The judicial authorities should pay more attention to the trial work, to set up in accordance with the law, equality, democratic, transparent, efficient, civilized modern judicial idea, make each judges, prosecutors and lawyers have realized, no matter is the National People's Congress to attend and or the general public review court trial work, it is not only the supervision over the judicial work, but also a promotion and support. To audit and review the trial activities, to further promote the strict law enforcement, judicial justice, conscientiously fulfill the duties entrusted by the law and mission.

Secondly, to further improve and perfect the system, the full implementation of the relevant provisions of court trial. To perfect the hearing system, standardize trial activities, is an inevitable requirement to promote judicial justice and efficiency.

Third, to further strengthen the team construction and the reform of the judicial system, and continuously improve the level of the administration of justice. Strong ability in court trial, prosecution and defense agency level, is the basic requirement for the trial, prosecutors and lawyers to perform their duties according to law, and procedural justice, substantive justice, justice is the important guarantee of image. I hope that the judicial organs to further strengthen the professional training, examination and trial practice and operational capacity, improve the ability to control the court, public prosecution in court and defense ability. Attention should be paid to the study of judicial reform, strengthen business guidance to subordinate organs and public prosecution trial, the trial way reform deepening.

Fourth, strengthen the maintenance of their own image. The lawyer, in the court proceedings, to correct their attitude, avoid such as rocker legs spread indecent gestures, speech should be loud, the speed should be moderate, remember not to let the volume fluctuated, suddenly quickly suddenly slow speed. For observers, including all levels of media, attention should be paid to the court's image, especially interference not too cases in photography when the trial court, regardless of the judicial authority.

The Yunlong District People's court trial hearing practice, we learned a lot, but also learned a lot, really do the theory with practice. And do not say to educate people to seriously study method to know the law, using legal weapons to protect their legitimate rights and interests, only the court to judge, jury, parties, down to the hearing personnel, in the human body, there are many worthy of our consideration. These are precious wealth in the books, to touch the classroom is not to, we will keep in mind, carefully taste. Hope that in the future there will be the same internship opportunities for us to learn.