At the Fangshan Court, there is such a judge.
He is recognized by everyone as a "handsome guy", and his handsome face shows the judge's unique calm and composure.
He is the "talented man" in the crowd, and behind the low-key and pragmatic is difficult to hide the talent, which can be described as "starting from the appearance and respecting the talent".
He is the "little music" that the people like to hear, and he conveys the concept of the rule of law in plain language.
He is Judge Zhu Le.
He is a referee, in the contest between right and wrong in the case, he always stands as a precise coordinate, using legal knowledge to defend fairness and justice; he is also a "healer", with patience and responsibility to resolve the solemnity and anxiety in the hearts of the parties, in the name of love to retain the warmth of the world.
Today, let's get closer to the story behind this judge with a "medical heart".
Find the crux of the problem and use the law to repair people's hearts
Lao Liu downstairs and Lao Zhang upstairs are colleagues of a unit and neighbors for many years, who often move around after retiring at home, but recently they have caused a court due to a leak in the house.
After Judge Zhu Le went to the scene for investigation, he found that only the roof had water stains, the wall surface was a little peeled, and the damage was not serious, and it should be possible to mediate.
But it's not that simple. Lao Liu and Lao Zhang are well-known "sharp heads" who have been on the bar before the trial begins.
"How do you know it's the leaking water in my house?" My toilet is waterproof, it is impossible to leak, you take the evidence? Besides, such a little watermark, do you dare to ask for more than ten thousand? Aren't you kidding people? ”
"Don't admit it, do you?" If we don't admit it, we will identify it, and there is a way to find out. Judge, I apply for an appraisal. Lao Liu submitted an appraisal application in court, requesting a judicial appraisal of the causes and losses of the water leakage. The first mediation broke up.
"Old Liu, the appraisal time is long, and the appraisal fee is not a small amount, which may be greater than your loss."
"Smashing pots and selling iron, I will also fight with him in this lawsuit."
"Old Zhang, you live upstairs, the old Liu family leaks, can't say that it has nothing to do with your family, we have also seen the scene, the loss is not big, there is really no need to identify." In the end, this appraisal cost is not shared by the two of you, and it is not worth it. ”
"Appraisal is appraisal, isn't he going to fight a lawsuit, I can afford it." The second mediation was fruitless.
"In this kind of case, transfer it to the appraisal agency to identify the causal relationship and the consequences of the damage, and we will judge it according to the appraisal results, won't it be concluded, and they will spend so much time talking about it?" The time wasted in mediation is enough to write a few judgments. The judge's assistant raised questions.
"The cost of small loss litigation is high, and if you can not identify it, try not to identify it, and then try it." Moreover, the old neighbors of decades, once they are appraised and judged, will have no feelings, and they may also intensify the contradictions. Judge Zhu Le's persistence soothed the little doubts in the assistant's heart.
One day, Lao Liu called and said, "Judge Zhu, my grandfather has passed away, I have to take care of the aftermath, and I apply for a postponement of the trial of the case." "No problem, you're busy with your family first, mourn."
Putting down the phone, Judge Zhu Le dialed Lao Zhang's phone: "Lao Zhang, Lao Liu's father has died, do you know?" ”
"Really? I didn't hear about it, his father was in his nineties, and his popularity was good. ”
"So, Lao Zhang, you are colleagues and neighbors for many years, the lawsuit belongs to the lawsuit, the human feelings belong to the people, and those who should go to mourn must also go to mourn."
"We're all like this, is that right?"
"What's inappropriate, in the company you are still his team leader, but you are also a leader, this point should be there."
"Okay, I'll go."
A month later, Lao Liu called and said he wanted to withdraw the lawsuit. Judge Zhu Le learned from the telephone that the two sides reconciled, Lao Zhang gave Lao Liu three thousand yuan as compensation, Lao Liu did not want to live or die, and finally only received one thousand. After that, Lao Liu and Lao Zhang never came to court again.
Judge Zhu Le said that the court should become a buffer zone for the contradictions of the parties, rather than an arena for provoking the parties to duel, especially this kind of family and neighborhood dispute, not only to untie the legal knot of the dispute, but also to untie the knot of the parties' hearts, and the judgment is not necessarily the best way.
Empathy makes the verdict no longer cold
On weekends, Judge Zhu Le worked overtime in court to write the verdict. Suddenly, the phone on the desk rang.
"I can't live, you're forcing me to die." Why divide my property, I am living money, the last straw, you have also cut me off. Do you have to let me fish die in the net? As soon as I picked up the phone, I heard a loud roar on the other end of the phone.
Judge Zhu Le heard that this was Xu Mou, a party to a dispute case after divorce. The judge's assistant informed him that he had received the verdict, but he could not come alive or dead, so he mailed him the verdict.
"You first calm down, I can understand your feelings, in fact, I have always wanted to talk to you." Judge Zhu Le patiently soothed Xu's emotions.
"We are all divorced, the property has been divided, why should I share my provident fund, this is the hard money I have saved for more than twenty years, I still hope that this money will last for the rest of my life." 」
"According to the law, the provident fund during your marriage is also the joint property of the husband and wife, and the other party advocates division, which is no problem."
Xu used to be a primary school teacher, because his wife was at home full-time with children, in order to increase the family's income, in order to give children a better educational environment, he resigned and went to the sea.
Unexpectedly, the entrepreneurship failed repeatedly, and under the pressure of mental pressure, he began to drink and gamble. Later, his wife divorced him and raised the children alone.
On the phone, he talked a lot, talked about the failure of his entrepreneurship, talked about the various unhappiness of his life, talked about his lament about the impermanence of life, and talked about his complaints about the indifference of human feelings. Judge Zhu Le occasionally exhorted, more than that, listened.
For three full hours, his mood calmed down. "If you live well, there is hope," Judge Zhu Le said in a serious tone.
"Make you smile, rest assured, I won't do anything stupid, big weekend, delay you for so long."
Putting down the phone, Judge Zhu Le's mood could not be calmed for a long time. He thought that "always helping, always comforting, sometimes curing" should not only be a requirement for doctors, but perhaps also a standard for judges to deal with family disputes.
Compassion makes justice have a temperature
After Elder Li passed away, the family found a will in the process of collecting the relics.
Mrs. Li said in her will that she would give the property under her name to her grandson Zhou, which made the originally peaceful life ripple.
After several unsuccessful negotiations, Zhou took his father and uncle to court, asking the court to order the property under Mrs. Li's name to be inherited by him.
Zhou's father naturally had no opinion on this, but the uncle's family exploded the pot, "the two sons are still there, how can the old lady give the property directly to the grandson, this will must be fake."
"This is clearly grandma's will, and since they don't recognize it, judge, I apply for an appraisal and let the facts speak." Zhou applied to the court to evaluate the authenticity of the will.
After several twists and turns, the final appraisal body confirmed the authenticity of the will. The uncle's family was speechless, but the relationship with his nephew Zhou's family became increasingly tense.
Considering that his uncle suffered from illness, although he did not meet the conditions for retention, but after all, his life was tight, Judge Zhu Le repeatedly mediated and persuaded peace, trying to eliminate the contradictions between the two sides.
During the trial, Zhou also said that if the court found that the property was inherited by him, he could make some compensation to his uncle appropriately. But the two sides ultimately failed to reach an agreement. The court ruled that the property was inherited by Zhou. Zhou's uncle appealed against the first-instance judgment, and the second-instance trial upheld the original judgment.
Mu has become a boat, the uncle's family went to Zhou and asked to fulfill the promise of compensation at that time, but Zhou, who got the effective judgment, did not express it.
"Judge Zhu, you also know the situation of our family, and for the sake of our life being so difficult, you can help us do our work." Otherwise I won't make room for him in the house, and I'll wait for the enforcement judge to kick me out," my aunt called Judge Zhu Le.
"This aunt has been dissatisfied with you since the case was filed, and now that the case is in effect, do you still want to take care of it?" Let them go straight to execution," the little assistant proposed.
"These two families have been fighting fiercely, if you really go to the execution, the contradiction will definitely be more intense, and at that time, Zhou Mou only made a verbal promise, the uncle may not be able to get the compensation, but their family's situation really needs this money, now is not advocating trial and enforcement linkage, let's act as an 'enforcer' again."
In the following time, Judge Zhu Le tirelessly gave Zhou ideological work.
In the end, Zhou agreed to give his uncle 100,000 yuan in compensation. The uncle's family also smoothly vacated the house to Zhou. At the moment of receiving the compensation, the aunt bowed deeply to Judge Zhu Le: "Thank you, Judge Zhu!" ”
At that moment, Judge Zhu Le's eyes flashed with laughter: "It is indeed not easy to make a person go from dissatisfaction to gratitude, but it is worth it!" ”
Postscript
Judge Zhu Le said that the profession of judge, like a doctor, is also "treating diseases and saving people", and practicing a solid professional foundation is the first priority.
Second Prize for Academic Papers, Third Prize for Research Reports, Excellence Award for Adjudication Documents, Pacesetter Award for Case Handling Quality, Judicial Reform and Innovation Award... Judge Zhu Le's bookcase was filled with a full grid of award certificates in addition to the law books in different categories.
He said that our generation of judges is a generation that inherits the past and the future, and we will experience dissatisfaction and misunderstanding, and we will experience the pain and discomfort of reform, but we grit our teeth and survive, and only those who come after can go better.
As a people's judge, it is necessary to use rules to rule between right and wrong, use the law to punish evil and promote good, and use the gavel in his hand to knock out the voice of justice, fairness, and goodness!
Contributed by: Fangshan Court
Copywriter: Zhou Rui
Editor: Wang Danfeng, Yao Rihui