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How to be an excellent judge? ㈠
-Uncle Mao 20 18 shared his exercise notes.

He joined the court in July 2008 and has been working for eleven years. As the youngest middle-level deputy in the college, it is ok in the eyes of colleagues, but I think there is still a gap compared with the predecessors of those excellent judges. Combining the sharing meeting of Uncle Mao 20 18 and more than ten years' experience in court work, this paper tells how to become an excellent judge.

First, what is an excellent judge?

Here I use induction to sort out the outstanding judges who have followed me for many years and been recognized by the whole hospital, and found that they all have the following characteristics without exception:

First, strong writing ability. The essence of judicial power is judicial power, and the best work of a judge is a judgment document, or, to be precise, a judgment. A few years before work, I read all the judgments of the whole year, specially printed and bound the judgments I thought were good, and summarized the gist of the judgments. Appreciation comes from the comparison of advantages and disadvantages. Read it through and you will find out why their judgment is good. Complex fact finding, cumbersome litigation procedures and out-of-court confrontation of conflicts of interest are almost all under their control and can be reflected in the judgment in an orderly manner. This is the foundation, and this is the detail. They are a group of people who can't stand being lonely and sitting on the bench. Of course, for them, this is not sitting on the bench, but doing what they like, where they can feel the dignity as judges.

Second, strong expressive ability. You will feel comfortable communicating with clients in or out of court, or discussing problems with colleagues. This is an aura that has been accumulated and cultivated for many years. You can't see or touch it, but it's very comfortable, so you don't feel nervous. He can quickly find the essence of the problem and listen to the core content of various viewpoints. Even if he doesn't agree with you, you are willing to communicate and discuss with him, because they can predict the trend of the case and put forward a reasonable plan. Moreover, they must stick to their own reasons. As long as you can convince him, he is willing to change his point of view. At this point, I found that the more capable people are, the more obvious they are. On the contrary, it is a judge with weak ability. Once his point of view is denied, it is even more difficult to accept, as if his ability is denied. The more capable people are, the more tolerant they are of different views.

Third, I love learning and have a strong thirst for knowledge. These are leaders close to me. Without exception, they like to think. Sometimes, people get used to problems. It is they who spend a lot of energy to study and discuss and explain with easy-to-understand reasons. Hehe, these articles were published in authoritative journals such as People's Justice, and won the first prize by chance (more than once), and also participated in the drafting of judicial interpretation in the Supreme People's Court. When I have problems at work, I like to talk to them face to face or by phone, almost regardless of time and place (this is also because they are more easygoing). Walking and chatting with them is also a pleasure. Because you will find that their curiosity about nature has always been there.

Fourth, love sports and live a simple life. Some of these excellent judges have participated in sailing competitions in universities and drifted with their classmates 16 days. Now they swim 1500m every morning, and they are over 50 years old, although the daily workload is much larger than mine. Some people take photos by bike every morning and retire after one year. Some people often play Tai Chi at noon, climb mountains and walk on weekends, which makes me feel ashamed. Rest assured with him that everything is arranged properly, and the route, transportation and lunch are all planned.

When I typed these words, the corresponding pictures came to my mind one by one. Knowing these excellent judges is my harvest. Not all leaders are necessarily excellent judges, but the above-mentioned excellent judges have worked very hard in leadership positions and are also playing their own roles.

Second, why is it so important to be an excellent judge?

First, for the country, the judge is the biggest IP of the court. If the court is a service industry, it is a dispute settlement provider monopolized by the state. If one party brings a dispute to the court, it is asking the court to provide me with a solution and arbitrate after listening to the opinions of all parties. What the judge provides is the way to solve the dispute, which can be reflected in the judgment and mediation. The essence that distinguishes it from the neighbor's aunt or the mediation committee is that the court has given this solution the effect of enforcement and publicity, that is to say, if you don't listen to me, I can take corresponding enforcement measures against you on behalf of the country according to the applicant's application. So in this process, the core element of the court is the judge, which explains why the court can be held in the fields or ruins with the national emblem, because as long as the judges and executors are present, the court was established here at this moment. Some people say that the formula of Coca-Cola is the core competitiveness of the company, and the judge is the biggest IP of the court. The quality and ability of judges determine the quality of services provided by courts. The judge level of a court basically represents the judge level and judicial level of China to a great extent. From this perspective, we cannot emphasize the importance of judges too much. When the reality is that few people tell you how to be a good judge. I just entered the hospital and worked as a clerk for the first year. In addition to the court records, the clerk does all the work and is also responsible for the property preservation of the whole court. A year later, I began to try to handle cases. The first hammer knocked me down and gave me a fright. I didn't expect the hammer to ring so loudly. Maybe I'm too nervous and my eyes are always low. After the trial, the leader told me that the lawyers of both sides have been trying to make eye contact with you, but you ignored it, feeling as if you were being interrogated. In the past six months, the court has been dispatched to handle cases independently in the true sense. No one told you how to make faster and better progress.

Second, for myself, being an excellent judge benefits the most. Growth is full of pain, hesitation and self-doubt. Growth means cell division. At the smallest level, we experience the birth and death of cells every day. Personally, growth means you have to pay a lot. After all, there is no free lunch in the world, and a better self will not come to you and say, hello, I am the future you. No one tells you whether you will become better or not, and how to become better requires you to discover and explore. But you have become better, which means that the previous problems have become easier and simpler, and you are comfortable, at least saving you more time and energy at this level; Excellence is the mother of Excellence, and you are more willing to go forward, because you see greater hope and distance, and the bigger the world you are looking forward to exploring.

Third, how can we become an excellent judge?

Combining Mao Shu's ten key words and my own experience and feelings, I can become an excellent judge from the following aspects.

(1) time

What is the most important thing now? Some people say it's time, others say it's attention, and it's essentially the distribution of energy and time. At present, the topic of many lectures is how to make you become a master quickly. It is easy for you to misunderstand that you can become a master as long as you finish this lesson, because your time is very limited and you can only spend so much time on this. Sorry to disappoint you. Uncle Cat will tell you that if you want to be a master, it is precisely in this respect that you spend a lot of time and energy, far exceeding others, so that you have a chance to stand out. Otherwise, it's unfair. When I was a child, I watched martial arts movies, looked for a treasure knife, cut iron like mud, or discovered the secrets of martial arts, and studied hard to become a master. But when I grow up, I find that these are all lies. Stupid kung fu is a shortcut, which is fair. So now everyone is willing to share good methods, because the methods themselves really don't need to be hidden. The key is whether you have done it or not. Yes, everyone's time is limited. How can I have more time than others? Uncle cat tells you the following points:

First, you should know that time is life. You're dead. Who are you? Is it the certificate you once obtained? Is this your property? Is it your memory in the eyes of others? It seems so, but it is not complete. You are the time channel from birth to death. Every moment is a piece of your life, just like a piece under a microscope. God gave you a ticket, and you are here. At least you have to act hard, be worthy of yourself and the audience. Otherwise, always standing there watching other people's performances will be boring and you will doze off. No matter how good or bad it is, it doesn't matter much to you. On the contrary, you play it yourself, at least you are the protagonist. Next time you can discuss with God whether I should change roles in the next round. Otherwise, I don't know how many times I've been reincarnated. You're an audience, which is not funny. The court is just a platform. Being able to work in the court and become a judge at least shows that you have both professional quality and basic skills. The real torture in the future is not the death penalty, but eternal life, or stopping you from learning or experiencing new things, and you will despair. Thinking of this, I suddenly found that if we don't reflect and improve our work day after day, the torture in the future is exactly what we are experiencing. It's just that some people are already seeking self-help, and some people are still going on.

Second, pay attention to writing ability and expression ability. First, focus on judicial power. From prosecution to execution, an ordinary civil case goes through three stages: prosecution, trial and execution, including filing review, material collection, property preservation, pre-trial judgment making and delivery, trial, property investigation, compulsory measures and restitution. As judges, we can't cover everything. The current and future trend is outsourcing. Take the ZJ court as an example, the clerk implements the judicial appointment system and the lawyer's investigation order is implemented in the investigation. Almost all property auctions are handled through Taobao judicial auction platform, with intensive processing mechanism and unified query and preservation. The advantage of this is to free the judge from trivial matters and concentrate on handling cases. Even so, pre-trial mediation and drafting judgment documents can be handed over to the assistant judge, but the post judge, as the case undertaker, is responsible for life, and you are responsible for your own case. In other words, the essence of judicial power is judicial power. As a judge, you should specialize in handling cases and free you from administrative affairs. Secondly, pay attention to the core competitiveness of judicial power. Different documents or academic papers classify judges' professional ability in different ways, but personally, the core point is output. One is to write your judgment documents well, and the other is to express your views well and communicate well with the parties and colleagues. This seems simple, but in fact you need to pay a lot of time and experience, because you can't do it well without time to polish. It is recognized by the judicial practice that a good judge needs at least ten years of intensive training to be trained.

Third, spend money to meet cattle people and buy their time. Teacher Li Xiaolai has a famous saying: Everything you can buy with money is cheap. Why is service a very high value-added industry? Because it is a small investment and a big gain for buyers, and it can be sold many times at the same time. For example, some people lack communication, expression or writing skills, or are not good at dealing with people. How often do strangers get nervous, like me. You can learn from people who are awesome in this field. Make an appointment with them, you can add their WeChat for a few hundred dollars, and you can also see their circle of friends at any time. Sometimes you have problems. If you are diligent and studious, you can continue to ask questions. If you are embarrassed, you can make another appointment. It would be better to make an appointment offline. Many people once flew to a city just to meet a teacher and talk to him for an hour. The better people are, the stronger their learning ability is, which is also one of the sources of my anxiety.

(To be continued)

2065438+23: 46 On the night of Qixi on August 7, 2009.