法院书记员诉讼任务的五个方面-金沙娱场城app
法院书记员诉讼任务的五个方面
five aspects of court clerk's litigation task
诉讼,是一个案件从收案、审理、审讯到执行的全进程,它完全根据顺序法的详细规则停止。书记员在整个诉讼中的任务详细包括五个方面:
litigation is the whole process of a case from admission, trial, trial to execution. it is completely stopped according to the detailed rules of sequential law. the clerk's duties in the whole lawsuit include five aspects in detail:
一是收案的审查与注销任务。接到案件起诉后,书记员应对案件的资料能否完备、能否完好停止片面审查,经反省无误后停止收案注销,操持收案的各种手续。
the first is the task of examination and cancellation of the case. after receiving the case prosecution, the clerk should stop the one-sided examination of whether the information of the case is complete or intact, stop the cancellation of the case after introspection, and handle the various procedures of the case collection.
二是庭审的预备及庭审任务。一个案件经过收案审查之后,一旦确定审理,书记员就要依法做好开庭前的各项预备任务,它包括各类诉讼文书的填写和送达、张贴公告、布置法庭、宣布法庭留意事项、反省应到庭的人员能否到庭并向审讯长报告;同时,在开庭审理中书记员要依据法官的部署及布置,细心做好各项任务,是将法庭审理的全部活动完好、照实地记载上去。在开庭后,书记员还要协助法官将开庭中呈现的状况和需求操持的事项逐个处置好。
the second is the preparation of the trial and the task of the trial. after a case has been examined and accepted, once it has been decided that it will be tried, the clerk shall do all the preparatory tasks before the opening of the court according to law, including filling in and serving all kinds of litigation documents, posting announcements, arranging the court, announcing the matters needing attention of the court, reflecting on whether the persons who should be present in the court can appear in the court and report to the presiding judge; at the same time, the clerk shall base himself on the deployment of the judge and in the hearing of the court. arrangement, careful completion of various tasks, focusing on the court trial of all activities in good condition, according to the facts recorded. after the court session, the clerk also assists the judge in handling the situation presented in the court session and the matters that need to be handled one by one.
三是裁判文书的送达及案件的移送任务。对曾经依法审理作出裁判的案件,书记员该当及时地将裁判文书送达当事人;关于上诉、抗诉或许依法需求报请复核的案件,书记员要办好送交下级人民法院审理的移送手续;同时,下级人民法院的书记员要依法办好审查、承受手续。
third, the service of judicial documents and the transfer of cases. for cases that have been tried and judged according to law, the clerk shall promptly deliver the judgment documents to the parties concerned; for cases of appeal, protest or revenge for review according to law, the clerk shall complete the transfer procedures to the lower people's court for trial; at the same time, the clerk of the lower people's court shall handle the examination and accept the procedures according to law.
四是执行任务。关于需求执行的案件,书记员要详细操持有关执行的各种法律手续并协助执行官做好执行任务。
fourth, to carry out tasks. in the case of demand execution, the clerk shall carry out various legal procedures concerning execution in detail and assist the executive in carrying out his duties.
五是诉讼文书的立卷、装订与归档任务。立卷是从诉讼活动一开端就该当停止的,随着诉讼活动的停止,各种诉讼资料都应随时整理。诉讼活动一完毕,就该当将一切诉讼资料辨别装订成册并及时归档。
fifth, the task of filing, binding and filing litigation documents. the filing of files should be stopped from the beginning of litigation activities. with the cessation of litigation activities, all kinds of litigation materials should be sorted out at any time. once litigation activities are completed, all litigation data should be identified and bound into a book and filed in time.
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