Jiaozuo Daily, August 31, A07 edition
Sivan Court
"Six fast" runs out of fairness and justice "acceleration."
Core tips
The average number of trial days of cases is 27.72 days, the case completion rate is 96.25%, the rate of serving judgments is 92.21%, and the 8 core indicators such as case closure rate, development and reform rate, civil mediation rate, judgment interest litigation rate, and summary procedure application rate have all reached the excellent grade...
This is a beautiful answer sheet handed over by the Xiwan Court of qinyang city court in the first half of this year.
The Xiwan Court has jurisdiction over Xiwan Town, Shanwangzhuang Town, and Changping Township, and its jurisdiction is the throat of the southern transportation of Jin coal. In recent years, with the development of economy and society, coal, logistics, transportation and other industries have become more and more developed, and there have been more and more contradictions and disputes such as traffic accidents, insurance contracts, sales contracts, and private lending.
The world's martial arts, only fast is not broken. In the view of Li Weiwei, president of the Xiwan Court, speed and efficiency are the embodiment of fairness and justice, and the court should also take the word "fast" as the head of the case. He led the Xiwan Court to base itself on the "three aspects", "three conveniences" and "five services", comprehensively implement the "fast establishment, fast insurance, fast delivery, fast adjustment, fast trial, and fast judgment", and under the premise of ensuring the quality of case handling, do everything possible to speed up the pace of case handling, improve the efficiency of dispute resolution, effectively enhance the "gold content" of social governance, and strive to let the people use the lowest cost and the shortest time to resolve disputes, and constantly enhance the people's sense of gain, happiness and security.
People's courts are fully functional. Jiaozuo Daily all-media reporter Guo Jiali photographed
Quickly open the "through train" of case handling
"Hello, I want to file a case, but I'm still in Fujian, why can't I go back?"
"It doesn't matter, you can file a case online through the 'Mobile Micro Court' WeChat Mini Program, the specific operation steps are as follows..."
Recently, Wang Mou, who is far away in Fujian, wants to fight a divorce lawsuit, but it is inconvenient to file a case in court under the epidemic. After understanding Wang's appeal, the staff recommended the "Mobile Micro Court" WeChat Mini Program to Wang, and helped him familiarize himself with the operation steps, procedures and precautions for filing a case online through the phone. After more than half an hour of guidance and communication, Wang successfully completed the case filing and paid the fee online.
With the help of the achievements of Internet construction, Xiwan Court has empowered the development of people's courtrooms with scientific and technological power, allowing the masses to enjoy online litigation services such as online case filing and online payment, and experiencing the speed and convenience brought by online courts.
Online and offline efforts are in unison. In addition to filing a case online, the parties can also file a case directly at the Sivan Court. "In the past, to file a case, you had to run to the litigation service hall of the Qinyang City Court, and it took at least an hour for the parties to come and go." Li Weiwei said that nowadays, the parties can file a case nearby in the courtroom, and they can enjoy the same indiscriminate litigation services as the court at the door of their homes, such as registration and filing of cases and cross-border case filing, which truly realizes "one-stop work and zero distance service".
When a party comes to the court to file a case, the staff will inform the identity documents, complaints, evidence and other materials that need to be carried at one time, so that the parties can run less errands and only run once. At the same time, for cases in which multiple pre-litigation mediations have failed, the court will seize the time to file a case, enter the litigation procedure, and truly realize the rapid filing of the case from different levels.
Li Weiwei, president of the Xiwan Court of qinyang city court, is writing a judgment document. Jiaozuo Daily all-media reporter Guo Jiali photographed
Quick insurance to prevent the law from "hitting the white strip"
"If the subject of a lawsuit of more than 100,000 yuan is not timely to take property preservation, once the defendant transfers the property, even if the applicant wins the lawsuit, the subsequent enforcement work may face difficulties." Li Weiwei introduced that a few days ago, the court quickly concluded a dispute over the sale and purchase contract through property preservation.
Recently, a transportation company went to the Xiwan court to sue Zhao Mou, who was far away in Shanxi, because of a dispute over a sales contract. At the same time as filing the case, the court also reviewed and approved the transportation company's application for property preservation, and Li Weiwei made the ruling at the first time and handed it over to the executive bureau for network investigation and prosecution. "After filing the case, we got in touch with Zhao, but Zhao was very uncooperative, thinking that he was far away, and the court could not treat him like this, trying to evade repayment." Li Weiwei said that it was not long before the executive bureau froze Zhao's bank account, WeChat, Alipay, etc., and then Zhao's attitude changed greatly, took the initiative to contact the court, and actively fulfilled the money owed.
In the Xiwan Court, contract cases account for 40% of all cases, and in order to ensure that the rights and interests of the winning parties are realized, after filing the case, the court staff will actively guide the parties to use property preservation measures to protect their legitimate rights and interests. Li Weiwei said: "Contract cases generally involve making the other party repay money, paying for goods, etc., and only property preservation can create conditions for smooth execution after trial, and can effectively avoid the transfer of assets and evasion of enforcement." ”
It is worth mentioning that the Sibang Court has also vigorously promoted property preservation liability insurance to allow applicants to preserve their worries. The Supreme People's Court stipulates that an insurance mechanism is introduced into property preservation, allowing insurance companies to provide security for property preservation by signing a property preservation liability insurance contract with the applicant for preservation.
"Previously, if a party applied to the court for preservation, it was necessary to provide a cash guarantee equivalent to the amount of the application for preservation or a physical guarantee for the house, vehicle, etc., and the cash had to be placed in the court, and the house or vehicle had to be seized as collateral property." Li Weiwei said that many applicants could not provide the same amount of collateral, which seriously affected the implementation of preservation measures, and the seizure of houses and vehicles needed to be carried out offline, which took at least two days, which was time-consuming and labor-intensive, and inefficient.
After the emergence of preservation liability insurance, the preservation applicant only needs to pay a very low insurance premium, and does not need to provide the same amount of cash and physical security, which greatly reduces the threshold for preservation and litigation risks, and is conducive to promoting the follow-up implementation work.
The judge's assistant is in the process of electronic service. Photo by Yang Ke, all-media reporter of Jiaozuo Daily
Fast delivery of documents delivery "zero distance"
The service of legal documents runs through the litigation, and the difficulty of service has always been an important factor affecting the efficiency of civil trials. In the actual process of handling the case, some parties have a weak sense of law and turn a deaf ear to the court's summons; Some parties evade service or refuse to sign legal documents; There are also some parties who are in different places, with high round-trip costs and great risks of epidemic transmission... Faced with this dilemma, the court can only search and wait.
"Service is a very important part of the process of handling cases, only rapid service can be scheduled as soon as possible, and all subsequent work can be carried out as soon as possible." Li Weiwei said.
Don't hide from difficulties, and you must solve them even more when you know them. In a loan contract dispute case accepted by the Xiwan Court, because the defendant was a non-local enterprise, due to the impact of the epidemic, the legal documents could not be served by mail. As a result, the court immediately activated the electronic service method after obtaining the consent of the defendant, and after the defendant clicked on the electronic link sent by the court on his mobile phone, he saw the legal documents on the spot. At the same time, the platform automatically generates an electronic proof of service, and the legal documents are successfully served.
Seemingly simple electronic delivery, in fact, is not simple at all. "The premise of electronic service is that the consent of the parties must be obtained, and communication is very necessary. I usually call the person first to tell them about the convenience of electronic service, but many defendants do not answer the phone, and if the phone is not answered, I will send a text message, and tell them the legal policy in the text message to reassure them. Through the interpretation of the law and reasoning, many defendants agreed to electronic service, and some also added WeChat, so I further explained the interests and guided the parties to accept electronic service. Tian Mengyuan, who is in charge of court service, told reporters. Every month, Tian Mengyuan sends more than 100 text messages for this purpose.
On average, the Xiwan court handles more than 400 cases per year, and the service work is completed by Tian Mengyuan alone, and if it is delivered by mail or door,000, the efficiency will be greatly reduced. Therefore, with the help of information means, the court has realized a variety of electronic service methods such as text messages, WeChat, and mailboxes, solved the old and difficult problems such as "it is not easy to find someone" and "send but not reach", and helped realize the "zero distance and zero waiting" for the electronic service of legal documents, so that the quality and efficiency of the trial have been significantly improved.
Cadres and police officers handle online case filing formalities for the masses. Jiaozuo Daily all-media reporter Guo Jiali photographed
Quick adjustment Contradiction dispute "filter"
Whoever wants to build a house, first cure its foundation. People's courts are at the forefront of serving grassroots social governance.
In its work, the Xiwan Court will carry out mediation work throughout the case, and according to the principle of voluntariness, the full-time mediator of the court will carry out pre-litigation mediation, successfully prepare a mediation document or conduct judicial confirmation, and timely introduce litigation procedures for unsuccessful mediation. In 2021, the Swain Court mediated 168 cases before litigation, and 116 cases were successfully mediated.
During mediation, the Xiwan Court relies on the linkage mechanism between the government and the court, continuously expands its "circle of friends", horizontally and with the jurisdictional police stations, judicial offices and other functional departments, vertically with townships (streets), villages (communities) to strengthen communication, information sharing, coordination and linkage, form a joint work force, increase mediation, and strive to resolve contradictions and disputes from the source.
In March 2021, 83-year-old Liu Daniang handed over all her savings of 17,000 yuan to Zhang Mou, an insurance company salesman in the same village, and handled a one-year participating savings insurance. Because Liu Daniang was old and inconvenient to access, the insurance was registered under the name of salesman Zhang Mou. In October 2021, Zhang Mou died of illness, and he did not issue any certification materials to Liu Da Niang before his death.
In the absence of evidence, Liu Daniang communicated with Zhang's family many times, but Zhang's family refused to cooperate on the grounds that they were worried about causing debt disputes. Liu Daniang, who had no hope of asking for money, even had the idea of taking her own life. After learning of this situation, Li Weiwei took the initiative to communicate with the police station, the judicial office, and the village committee, jointly did the ideological work of Zhang's family, patiently and meticulously explained the relevant laws and regulations to him, and communicated and coordinated with the insurance company for many times. After several twists and turns, the mediation was finally successful, the two sides reached an agreement, and the money has now been returned to Liu Da Niang.
Taking advantage of the situation, the Xiwan Court also actively played the mediation advantage of the mediator, and immediately organized the two parties to mediate the contract disputes and private lending that the facts were clear, the evidence was conclusive, and there was no dispute, and reached an agreement on the spot as soon as possible. For cases involving enterprises, adhere to the principle of being able to adjust and adjust, and when the judgment is made, actively escort the development of enterprises, and create a business environment based on the rule of law.
A company in Luoyang owed more than 2 million yuan to a coal enterprise in Qinyang, and after repeatedly asking for it without success, the case was sued in the Xiwan court. "We are a small business, we still owe foreign debt, and now even the company's vehicles have been mortgaged, and if this money cannot be returned as soon as possible, we can only watch the company go out of business!" The person in charge of a coal company in Qinyang told Li Weiwei about the company's difficulties. After receiving the case, Li Weiwei immediately coordinated and communicated with Luoyang Company, patiently and meticulously did the work of the other party, and only ten days successfully mediated, and the coal enterprise successfully got back the payment. Today, the coal company has a good momentum of development and considerable operating performance.
"Marriage and family cases account for 25% of the cases accepted by the Sivang court every year, and there is no good way to deal with such cases, so it is necessary to constantly mediate and slowly grind." The mediator insisted on pre-litigation and pre-trial adjustment, and organized the two sides to negotiate many times, which seemed to 'waste' some time, but paved the way for the later trial work and saved a lot of time. Li Weiwei said that even if some cases cannot be mediated and enter the litigation procedure, it is precisely because a lot of work has been done in the early stage, the focus of the dispute between the two sides is clearly understood, and it is convenient for the trial to be held, which is actually "faster".
People's mediators help the masses mediate disputes. Photo by Yang Ke, all-media reporter of Jiaozuo Daily
Expedited Trial, Promoting Trial "Re-Acceleration"
For people's courtrooms, there are relatively few difficult and complicated cases, and the vast majority of them are simple cases. In the face of this current situation, the Xiwan Court insists on separating complicated and simple cases, handling difficult cases concisely, handling simple cases quickly, applying summary procedures to simple cases, and shortening the case handling cycle. In 2021, the application rate of the court's summary procedures is as high as 95.78%, and Li Weiwei, as the only judge in the court, has to meet with the parties and handle cases every day, with a maximum of seven or eight hearings a day.
At the same time, when hearing simple monetary payment civil cases with clear facts, little dispute, and clear rights and obligations, the first-instance final adjudication system for small claims is actively used. "The first instance and final trial are the rights conferred by the law on judges, and we have the obligation to exercise it well, so as to resolve disputes and stop disputes, reduce the litigation burden of the parties, and improve the efficiency of litigation." Li Weiwei said.
Su's lawsuit against a kindergarten educational institution liability dispute case has aroused widespread concern in the local area, the Xiwan court after multi-party visits and investigations, in-depth and meticulous research, only took more than 20 days to conclude the case, not only effectively protect the legitimate rights and interests of minors, but also standardize the management responsibilities of kindergartens, schools and other educational institutions, by the municipal intermediate court as the top ten typical cases in 2019.
Qinyang Municipal Court Xiwan Court. Photo by Yang Ke, all-media reporter of Jiaozuo Daily
Fast judgment, innovative mechanism to "improve efficiency"
In 2021, the Xiwan Court accepted a total of 416 civil cases of various types and concluded 403 cases throughout the year, with a completion rate of 97.8%, and there was not a single petition case in the whole year, and the quality and effectiveness of the cases have always ranked among the top in the Qinyang Municipal Court. "Clear division of labor and close cooperation, team members work together to face difficulties, is the magic weapon for us to effectively carry out our work." Li Weiwei said that good results benefit from a good team.
The Xiwan Court is equipped with a post judge, a judge's assistant, a clerk, a mediator, and a judicial police officer, while the average number of cases accepted by the court every year is about 400, with many cases, few people, and heavy tasks.
The court has continuously innovated its working methods, implementing a system in which judges' assistants and clerks each take turns to record the work of the court, and each is responsible for the production of documents for court cases, serving as both clerks and judges' assistants. "The general team is the clerk to record the court, the judge assistant to make the documents, but I think the judge assistant does not participate in the on-site trial is not good at writing documents, so our team broke the 'old rules', the judge assistant is also the clerk, the clerk is also the judge's assistant." Li Weiwei added, for example, this week the clerk is responsible for the record of the court, then she is also responsible for the production of this week's documents, and next week, the judge's assistant is responsible for the record of the court, and at the same time responsible for the production of the documents, the two people will be responsible for a week. Finally, the division president uniformly reviewed and checked the quality of the documents, effectively improving the efficiency of case handling.
Where the needs of the masses are, the judicial services of the people's courts will follow. With the power of the rule of law, the Xiwan Court responded to the people's judicial concerns with the "six fasts", minimized the time for dispute resolution, alleviated the suffering of the parties, and strived to receive the best legal effects with the smallest judicial cost, creating a good rule of law environment for the healthy development of the economy and society, and letting fairness and justice run out of "acceleration".
Jiaozuo Daily all-media reporter Guo Jiali reported
Director: Zhao Yujun
Executive Director: Liu Chunrun Wang Lili
Coordinator: Shi Yichen Li Yijing
Editor: Guo Zixuan