The Huanxian County People's Court has always adhered to the principle of learning Xi inheriting the "Ma Xi Five Trial Method", comprehensively and deeply excavating the characteristic advantages of red judicial resources, relying on the achievements of the construction of "smart courts", and carrying out the "three advances" work operation mode of judges entering the countryside, communities, and grids in the county, promoting the improvement of the grassroots social governance and multiple dispute resolution system with the core of connecting with the masses, opening the door to run courts, administering justice for the people, and deepening mediation, focusing on platform construction and mechanism innovation, and giving the "Ma Xi Five Trial Method" a new connotation of the times.
The People's Mediation Studio of Huanxian County Court mediated a civil dispute case on the spot
Carry out roving trials to resolve contradictions and disputes among the masses on the spot
"There are a total of 360,000 people in Huanxian County, all of whom live scattered in 9,236 square kilometers of barren land with ravines and peaks facing each other. Du Jingyao, vice president of the People's Court of Huanxian County, said that in order to facilitate mass litigation, the Huanxian County Court has fully implemented the judicial mediation force into the villages, communities, and grids of the unique "three-in" studio with Huanxian characteristics, and set up the court in the fields, caves, kangtou, village committees, etc., regardless of the form of trial, a national emblem and a few tables and stools can be held in court, according to the situation of the dispute, on-site acceptance, on-site hearing, on-site certification of geological certificates, on-site mediation and trial, on-site dispute resolution of the case-handling mode, the implementation of roving trials, the establishment of " vehicle-mounted mobile courts", so that the people can resolve disputes "without leaving home".
In the case of only one case-handling judge, one judge's assistant and one clerk, the wooden bowl court of the Huanxian County Court still takes every case seriously, especially for cases that affect the vital interests of the masses, it will go deep into the depths of the masses, patiently listen to the opinions of the masses, objectively and comprehensively obtain the true situation of the case, adjust if it can be adjusted, and judge when it is judged, so as to truly settle the lawsuit, accept the judgment, and make a peace.
The judge of the wooden bowl court learned about the case at the head of the village and listened to the public opinion
"Zero distance" to listen to public opinion and enhance judicial credibility
"The case of Guo Moucheng v. Guo Moucheng over a rural land contract dispute handled by Guo Moucheng was very impressive, because Guo Moucheng needed to build his own house, he exchanged the contracted land near Guo Moucheng's house with the contracted land contracted by Guo Moucheng that was closer to his own yard, but it was not registered. Three years later, Guo Moucheng sued Guo to the court on the grounds that Guo had not set aside a road for the contracted land he had exchanged, demanding that Guo return his original contracted land and restore it to its original state. ”
Du Jingyao, vice president of the Mubo People's Court, recalled: "After receiving the case, we rushed to the place of the incident as soon as possible, contacted the parties on both sides and the local people to conduct on-the-spot investigations, and learned that the relationship between the plaintiff and the defendant was an uncle and nephew, and that the two families had a fierce conflict as a result. After the judge did sufficient ideological work on Guo and urged Guo to set aside a road for Guo Moucheng's redeemed land, and apologized to Guo Moucheng's wife, he decisively made a judgment and rejected all of Guo Moucheng's litigation claims. After the verdict, Guo Moucheng did not file an appeal, which formed a good social impact. ”
"The judges of the wooden bowl court can come to their homes to understand the truth when handling cases, and the fair and just sentences truly safeguard the interests of our people. This method of holding court sessions has facilitated mass litigation, shortened the distance between the parties, and made the people feel the temperature of justice!" a village cadre enthusiastically said in an interview.
The wooden bowl court can hear more than a dozen such cases every year, but each case has the particularity of each case, so they will go to the scene of the conflict in each case, fully understand the facts of the case, listen to public opinion, and finally make a fair and just judgment, which has received good social response. According to statistics, in 2023, a total of 285 cases will be heard in the wooden bowl court of the Huanxian County Court, of which 210 cases will be closed through mediation and withdrawal through mediation, with a withdrawal rate of 73.7%.
The Huanxian County Court will also combine legal popularization with court trial work, deeply integrate judicial services with grassroots governance, promote the resolution of contradictions and disputes, allow the masses to feel and participate in judicial activities at close range, effectively enhance the judicial credibility of the people's courts, inherit and develop the "Ma Xi Five Trial Method" with practical actions to facilitate the masses, serve the creation of Ping An Huanxian County, and escort the construction of rural revitalization.
The Hongde Court of Huanxian County held a trial on the scene to hear a tort liability dispute case
Innovate the "three-in" work model to realize a new pattern of justice for the people
Relying on the mediation platform of the people's court, the Huanxian County Court has built a total of 31 "three-entry studios" in the county's townships, key villages for rural revitalization, conflict and dispute resolution organizations and 4 grassroots courts, forming a new pattern of multiple dispute resolution that integrates online and offline, pre-litigation and litigation, cadres and the masses to quickly resolve disputes from the source, and further develops and inherits the essence of the "Ma Xi Five Trial Method" to facilitate the masses and solve them on the spot, so that breakthroughs have been made in the resolution of conflicts and disputes at the grassroots level. According to statistics, as of December 25 this year, the Huanxian County Court has successfully resolved 641 disputes and guided judicial confirmation of 466 cases through the "Sanjin" studio.
"Our court took the lead in setting up an expedited trial center to re-screen civil cases that have entered the litigation process, divert cases with small disputes to the expedited trial center for quick trial and quick conclusion, and divert complex cases to various trial teams for intensive trial, so that each judge can strive to be the inheritor of the Ma Xiwu trial method. Lu Xiaodong, Secretary of the Party Group and President of the Huanxian County People's Court, said that since the establishment of the court Sanjin Studio, 641 contradictions and disputes have been successfully resolved, and in the "Top 100 Cases of Social Governance Practice in Gansu Province" released by the Political and Legal Committee of the Provincial Party Committee, the Huanxian County Court's "Sanjin Work to Promote Rural Governance into the Track of Rule of Law" was ranked among the top 100. According to incomplete statistics, since October 2021, the Huan County Court has heard a total of 9,777 civil litigation cases, of which 4,825 were withdrawn through mediation, with a withdrawal rate of 49.35%.
The "Sanjin Studio" of the Huanxian County Court mediated a dispute over the recourse of labor remuneration by multiple people on the spot
It is reported that the operation mode of the "three-in" dispatching center of the Huanxian County Court is mainly to radiate outward from the dispatching center, and build an extranet "three-in" studio, which is equipped with a computer and hires or appoints at least one mediator to carry out pre-litigation dispute resolution. According to the source of the dispute, it is generally divided into three categories, the first is the dispute found by the township comprehensive management center, and the "Sanjin Studio" is authorized to enter the pre-litigation mediation platform of the court; the second type is the dispute that is registered and filed by the court, and the situation suitable for pre-litigation mediation is screened out, and the applicant is guided to agree to enter it into the pre-litigation mediation platform; the third type is when the judge solicits the consent of both parties for the dispute in the litigation, the trial is suspended, and the "Sanjin" studio is entrusted to enter the pre-litigation mediation platform. All disputes entered into the platform will be automatically transferred and pushed to the dispatch center on the intranet and extranet, and the dispatch center will assign mediation tasks, and the mediator will guide the parties to use the WeChat applet on the mobile phone to carry out remote video mediation or on-site mediation. The mediation transcript shall be signed and confirmed remotely, and the mediation video shall be permanently stored in the platform for future reference.
At the same time, the Huanxian County Court has set up a special post for judicial confirmation, and if an agreement is reached and there is a payment content but it is not performed on the spot, it will guide both parties to apply for judicial confirmation. This "one-stop" service of "mediation + judicial confirmation" gives the mediation agreement the legal effect that can be applied to the people's court for compulsory enforcement, and effectively solidifies the mediation results. In the process of mediation, if complex and difficult legal issues are encountered, the mediator can submit an application on the platform, and the dispatch center will immediately assign a judge to participate in the video mediation.
"Go deep among the masses, rely on the masses, and cannot do without the masses for a moment, combine trial with mediation, and rely on the masses for the masses. This is the principle and essence of Ma Xiwu's trial method, and the Huanxian County Court has truly achieved open and fair justice, safeguarded the interests of the masses, and served the people wholeheartedly. It is reported that in order to let the people more intuitively understand the convenient, efficient and free judicial services of the "Sanjin Studio" and show the new actions of the court in the new era of litigation source resolution, the Huanxian County Court wrote and directed a shadow puppet drama "The Storm of Bride Gifts", which tells the story of the judge's successful resolution of the dispute caused by the bride price of the two families of "Niu against the Wall and South Wall Flower" in the form of remote video, and shows the fast and convenient "Sanjin Studio" to resolve conflicts and disputes. At the beginning of this year, the shadow puppet drama was released by the Political and Legal Committee of the Gansu Provincial Party Committee as one of the "Top 100 Cases of Social Governance Practice in the Province and Cities". (Chen Shan)