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1、1Fan law graduate internship reportPractice were: Nie Ting Yan Profession: Law Practice Location: Yuelu District Peoples Court Practice Time: November 20, 2003 - December 26, 2003 Year: 2001 Class: 3 class Student ID: 8 First, I want all of my internship to provide help and guidance of the District
2、Peoples Court Yuelu staff and thank my teacher, thank you for my help and the successful efforts made by the practice. My internship is Central South University School of Law and Yuelu District Peoples Court jointly arranged by practice, I was in my area of expertise gained practical work experience
3、, consolidate and test their knowledge of the past few years the level of undergraduate study. During the internship, I know a lot of court cases from filing to closing the whole process, in some cases, the filing process, I also served as the collation of specific files and some involved in the cas
4、e put forward their own ideas. In the meantime, I further learned knowledge of relevant laws, the procedures for 2filing a deeper understanding of this process will also pay attention to his own theory and practice, practice combine. internship at the end of my work has been fully affirmed internshi
5、ps and higher evaluation. During the internship I mainly in the following cases in-depth study, participated in a number of cases registered during the trial, and made some of his comments: A: 73 residents v. Municipal Planning Bureau violated its right light, right of the sun, air rights case 1: Or
6、igin of cases 73 the plaintiff that the Municipal Planning Bureau Planning “Asia-Cyberport” and residents from the area to pitch a grave violation of the housing GB50180-93 compulsory national standards, in violation of specific technical requirement that , and its channel and fire safety are signif
7、icant security risks, government co-ordination in a number of unsuccessful requests to the court to require the administrative revocation of license, 3loss of compensation to the user. 2: The case main focus of debate Changsha City planning and management that the defendant, “Asia-Cyberport” plannin
8、g permission issued after a rigorous review of the plan who solicit the views of the relevant functional departments, and strictly comply with the regulations of the procedures for issuance, the Asia-north of Cyberport and its residents living space in line with the building of defendants referred t
9、o the mandatory national standard GB50180-93 and , the plaintiffs legal rights and does not constitute damage. Moreover, the Planning Authority to provide the relevant evidence “Asia-Cyberport” not applicable . 3: The verdict results Full Court After several collegial discussions, make decisions: to
10、 determine the planning permission, dismissed the claim. This case is an administrative case, the popular point 4is people suing government officials through the trial of the case, I think at this stage of Chinas administrative litigation was originally very difficult to win a case if there are case
11、s of people suing the executive officer in favor of the plaintiff, the media will be a large efforts to report this as an example. In fact, this is a big misunderstanding, a rule of law should not exist such a phenomenon. If the executives specific illegal acts, and it should bear the relevant respo
12、nsibility. The reason why Chinas administrative litigation the plaintiff difficult to win, mainly with the administration of justice has not been fully distinguished, mutual restraint, mutual involved. power ratio method large, the policy is above the law, so there will have this situation in this c
13、ase, I think the court or or less affected by the administration: Although the judiciary court, can the office building land, houses land had approval by the Planning Bureau. II: only use a few simple procedures before the criminal case This is the first time I saw the summary procedure in adjudicat
14、ing cases, the specific application of these cases, a clear case, the facts are clear and sufficient evidence is 5not much controversy, Yuelu district court is grass-roots courts, in line summary conditions. Throughout the proceedings, the trial period is very short, and just feeling down over field
15、 trial, the judge sentenced to long for the case to conclusion. Through this process several criminal cases for summary trial, I saw that although the trial period is very short, very complete necessary procedures, the court in this well under control, but the other hand, my view of the court in court system still has some shortcomings, and the trial of the environment can be improved. Three: a citizen of waste collection Yuelu District v. Public Security Bureau in Changsha as the executive is not the case Cases the origin of the
