法院的合同法警工作是什么-金沙娱场城app
法院的合同法警工作是什么
what is the contract police work of the court?
一、法警片面参与、保证民事审讯是法定的职责,不能以法官审理个案的需求爲前提。
first, the one-sided participation of the judicial police and guaranteeing the civil trial are statutory duties, which can not be based on the needs of judges to hear cases.
1、从任务目的性上讲,法警参与民事审讯活动,实行本人的职责,其目的不只仅是爲了保证民事审讯活动的顺利停止,更是爲了维护法律的尊严、审讯的威望和国度的抽象。严厉地讲,法警的职责是既不能保持也不能被免除。所以,法警能否参与民事审讯活动不能仅以审讯法官能否需求爲规范,更该当从维护国度法律的尊严,法院审讯的威望动身。爲了保证民事审讯的顺利停止,更爲维护国度法律的尊严、法院审讯的威望,法警该当成爲民事审讯的法定成员,必需参与民事审讯活动。
1. as far as the purpose of the task is concerned, the purpose of the judicial police's participation in civil interrogation is not only to ensure the smooth cessation of civil interrogation, but also to safeguard the dignity of the law, the prestige of interrogation and the abstraction of the state. strictly speaking, the duty of the judicial police is neither to maintain nor to be exempted. therefore, whether the judicial police can participate in civil interrogation activities should not only be regulated by the needs of the interrogation judges, but also be based on the dignity of the national law and the prestige of the court. in order to ensure the smooth termination of the civil trial, and to safeguard the dignity of the national law and the prestige of the court, the judicial police should be regarded as the legal members of the civil trial and must participate in the civil trial activities.
其中法警在民事 判中的职责是:
among them, the duties of the judicial police in civil judgment are:
(1)、送达法律文书、诉讼文书;
(1) serving legal documents and litigation documents;
(2)、参与对裁定(诉讼保全)的财富查封、扣押、解冻或没收活动;
(2) participating in the seizure, seizure, thawing or confiscation of wealth adjudicated (litigation preservation);
(3)对必需到庭而拒不到庭的的原告执行拘传,强迫其到庭;
(3) the plaintiff who must appear in court but refuses to appear in court shall be subjected to arrest and forced to appear in court;
(4)、警卫法庭,维护法庭次序,对进入法庭当事人及其代理人、旁听人员停止平安反省,保证参与审讯活动人员的平安;
(4) guard the court, maintain the order of the court, stop introspecting the safety of the parties, their agents and the auditors who enter the court, and ensure the safety of the persons who participate in the interrogation activities;
(5)、传递证据资料、传带证人、鉴定人;
(5) delivery of evidentiary materials, transmission of witnesses and expert witnesses;
(6)、对阻碍诉讼、违背法庭规则,扰乱法庭次序,危及审讯人员人身、财富平安的人员采取训诫、责令加入法庭、强迫带离、实行拘留、强迫交纳罚款等强迫措施。法定的职责,就当片面实行。不只法警本身不能保持,而且任何组织或团体也无权免除。
(6) to those who obstruct litigation, violate court rules, disrupt court order and endanger the safety of the interrogators and their wealth, we shall take such coercive measures as admonishing, ordering them to join the court, forcing them to leave, detaining them and forcing them to pay fines. the statutory duties should be carried out unilaterally. not only can the judicial police themselves not be maintained, but also no organization or group has the right to be exempted.
3、从司法理论来看,法官、书记员在外出执行送达、财富保全、调查取证中常常遭到辱骂、要挟、甚殴打,庭审中时常发作当事人、旁听人员互相辱骂、争持、扭打,成心损坏法庭设备、辱骂法官,当事人持刀当庭自伤、他杀,有关人员忽然私自闯入法庭等状况。
3. judicial theory shows that judges and clerks are often abused, coerced or even beaten when they go out to perform service, preserve wealth, investigate and obtain evidence. during the court trial, the parties and the audiences often abuse, argue and wrestle with each other, deliberately damage court equipment and abuse judges, the parties injure themselves or kill others while holding knives in court, and the persons concerned suddenly break into the court without permission. 。
一方面,这些状况的发作,不只影响法院民事审讯活动的正常停止,更严重的是毁坏了法庭的严肃、损害了国度法律的尊严、法院审讯的威望。
on the one hand, the outbreak of these conditions not only affects the normal cessation of the civil trial activities of the court, but also destroys the seriousness of the court, damages the dignity of the national law and the prestige of the court's trial.
另一方面,这些状况的发作往往是审讯法官难以意料的。审讯法官基本无法确定审讯中能否需求法警提供保证。但这些状况一旦发作,再暂时要求法警处置,能够就晚了、主动了。所以,爲了保证民事审讯活动的顺利停止,维护国度法律的尊严、法院审讯的威望,法警必需片面参与民事审讯活动。并以国度权利即国度法律规则的职务权利制止、打击一切阻碍民事诉讼活动的行爲。
on the other hand, the occurrence of these conditions is often unexpected to the trial judge. trial judges are basically unable to determine whether judicial police can be required to provide guarantees during the trial. but once the situation breaks out, it will be late and active to ask the judicial police to deal with it temporarily. therefore, in order to ensure the smooth cessation of civil trial activities, safeguard the dignity of national law and the prestige of court trial, the judicial police must participate in civil trial activities unilaterally. and by means of state rights, i.e. the duty rights of state laws and regulations, we can stop and crack down on all acts that hinder civil litigation activities.
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