This article was written during my internship in July 2009. Due to various reasons, it has been buried in Gmail until today when I decided to publish it.
I am an intern at XX Court. The following content is based solely on my personal views, and any references made are based on my own experiences, without any malicious intent.
I am already very grateful for the opportunity to intern at the court. Therefore, I do not expect any special treatment here; I only hope to learn something valuable.
The learning process is essentially a process of assisting the court. The tasks may range from trivial procedural operations to substantive work that affects the progress of cases. Unintentionally, we also need to take on certain responsibilities and obligations. If we make mistakes in our assistance, it could cause losses to the parties involved or the state. I have not deeply studied jurisprudence during my university years, but as a barely passing law student, I have some awareness of the relativity of rights and obligations. The responsibilities and obligations we unintentionally take on do not seem to be balanced by corresponding rights. Our position is merely that of obligation bearers, not right holders. This situation seems quite abnormal.
As a group not covered by the Civil Service Law or the Labor Law, our rights seem to be like those of an adult male who has been “raped”—unprotected. Being unprotected is one thing, as it can be considered an industry norm. Young people should make more sacrifices to uphold the greatness of the system. However, the mindset during this sacrifice is crucial.
The reason I chose the XX District People’s Court is mostly because a professor once mentioned that among the five district courts, XX Court and Shunde Court have the best financial conditions. Driven by this, I, being somewhat pragmatic, chose XX Court. However, the reality presented to us is not as expected.
Take, for example, the meal expenses for interns in various courts within the Foshan district. The Foshan Intermediate Court charges 1 yuan per meal for three meals a day, the Chancheng Court provides three free meals a day, the Sanshui Court charges 1 yuan for lunch and dinner and 0.5 yuan for breakfast, and the Shunde Court also provides three free meals a day. However, XX Court charges 3 yuan for breakfast and 5 yuan for lunch and dinner, and even requires us to prepay a portion of the meal expenses. The disparity in meal expenses among courts in the same region is so obvious, let alone other aspects.
We were unaware of the treatment conditions in various courts before the internship, so many of us regret not having looked into these details earlier, and now it’s too late to change. Calculating by a month, the difference in treatment among interns in different courts can range from tens to thousands of yuan. (Since some courts provide appropriate internship salaries, a difference of thousands is not surprising.) For students who are already financially strained and voluntarily seek internships, this is unfair.
Before the internship, we were all prepared, not expecting any salaries or bonuses. Our basic expectation was that the court, based on humanitarian grounds, would help us with meal and transportation expenses. However, reality has mercilessly shown us that XX Court is a financially strained place.
The court is divided into many departments, including divisions, bureaus, and sections, so the internship work varies greatly. In some departments, interns are constantly running around, answering phones and writing documents, busy to the point of dizziness; while in other departments, interns may have a relatively relaxed time, with little to do all day. Admittedly, my department is not very busy either. After focusing on work for a while each day, the rest of the time is spent waiting with the seniors for “Dream Camel Bells.” The uneven distribution of work does not actually result in significant differences in learning opportunities or practical experience among interns. In fact, some hardworking interns end up gaining less than those who spend their days watching movies or listening to music. Since none of us receive any compensation, the sense of unfairness is magnified, and any spark could lead to undesirable consequences. In some departments, I have heard that all staff members teach their work procedures and methods to the interns, and then spend their time reading newspapers and chatting, leaving the interns to handle all the work in the department. Given the existing unfairness, if someone still nitpicks or criticizes under such circumstances, it’s no wonder that some interns might take long leaves to avoid the situation.
In terms of work content, most of what we do is the simplest tasks, which are originally the responsibilities of the court staff. Essentially, we are just providing assistance. Although the work is simple, it is often repetitive and voluminous, which not only consumes physical energy but also mental strength. We understand the feelings of the court staff, as you have all endured year after year, day after day. However, our mindsets are completely different. You receive high salaries for this work, while we have to pay our own expenses for doing the same. Over time, we can simply conclude that court interns are essentially free temporary workers hired by the court under systemic loopholes. In Marx’s view, the ugliness of capitalism lies in exploitation, but at least exploitation provides some compensation. Here, however, all the fruits of our labor go to the unit, and we receive zero returns.
The reason the court can attract interns, and even many students are willing to actively seek internships at the court, is mainly due to an inexplicable attraction. Since internships are only done once or twice in a lifetime, there is always a steady stream of new volunteers. If internships are a necessary part of a student’s journey, and some places present such an ugly reality, then the choice of internship location becomes crucial. After all, everyone hopes to go to a place that maintains a good mindset, rather than a place that breaks hearts.
The fundamental purpose of our internship is to compensate for the shortcomings in theoretical education and to gain more practical experience. However, in my eyes, the reality is that we are simply providing free labor. In that case, I think the court might as well call in the cleaning aunties and restaurant staff during their free time, as their minds might be simpler and they wouldn’t complain on the court forum due to the imbalance caused by repetitive physical labor.
Social experience teaches us that work should start from the grassroots level, and long-term repetitive physical labor is necessary. However, this model should be a prerequisite for formal work, not a necessary step for internships. If the content of internship work is equated with that of probationary work, can we then, by reasoning, expect compensation at 80% of the salary standard as per the Labor Contract Law?