"Small things don't go out of the village, big things don't go out of the town, and contradictions don't turn in" and "promote multiple prevention and resolution of contradictions and disputes"...... In the villages of Yihe Town in northern Shaanxi Province and beside the road, the rule of law slogans drawn by the Suide County People's Court in Shaanxi Province greeted them.
"Typical Cases of Dog Raising and Hurting People" and "Legal Risks of Roadside Parking"...... In the streets and alleys of Huangguan Town, Nanzheng District, Hanzhong City, the masses stopped to watch the typical cases and legal risk notices posted by the Huangguan People's Court of the Nanzheng District People's Court of Hanzhong City from time to time.
"Risk Prevention and Control and Judicial Response to Orchard Management" and "Risk Prevention and Control and Judicial Response to Fruit Enterprise Management" ...... In Luochuan County, the "hometown of apples", a book compiled by the Luochuan County People's Court entitled "Risk Prevention and Control and Judicial Response to the Whole Apple Industry Chain" is called a "practical book" by fruit farmers, fruit merchants and fruit enterprises.
In the early winter, the reporter set off from Yulin, Shaanxi, and arrived in Xi'an via Yan'an and Hanzhong, which lasted 7 days and nearly 2,000 kilometers along the way. From the city to the township to the field, from the high court to the intermediate court to the people's court, along the way, the reporter really felt: under the promotion of courts at all levels in Shaanxi, the governance of the source of litigation has become a storm of grassroots governance that has swept the land of Sanqin.
One concept: adhere to the leadership of the party committee and build a diversified pattern of dispute resolution
"Lao Zhang, the elevator is installed in the community, and the residents' opinions are not unanimous, what do you think about this?"
Qu Shengguo, the person in charge of Yulin Mintai Property Management Co., Ltd., came to the Yuyang District Social Security Comprehensive Management Service Center in Yulin City early in the morning and found Zhang Dexiong, a full-time people's mediator of the Yuyang District Justice Bureau.
Once upon a time, Qu Shengguo often went to the court to file cases in line with the idea of "finding the court if there is something".
Liu Jing, vice president of the case filing division of the Yuyang District People's Court of Yulin City, found that Qu Shengguo's cases were mostly disputes such as the owner's arrears of property fees, and sometimes although the lawsuit was won, the relationship between Qu Shengguo and the owner became more and more stiff, and the owner was still unwilling to pay the property fee in the coming year, and Qu Shengguo would file a case in the court again, gradually falling into a vicious circle.
So, when Qu Shengguo was about to file a case again, Liu Jing took him to find Zhang Dexiong.
"Look at your service level, the roads in the community have been in disrepair for many years, the green belt has not been trimmed for a long time, and the residents' homes are leaking, why don't you care?" Zhang Dexiong suggested that Qu Shengguo should first improve the quality of service.
With the improvement of the level of property services, Zhang Dexiong started to work as a resident again: "What do you say about our property services, in order to improve the community environment, we build roads and plant trees, you have something to be called, why don't you pay the property fee?"
While Zhang Dexiong mediated, Liu Jing was not idle, she gave full play to the professional advantages of the judge, while providing Zhang Dexiong with necessary guidance, and at the same time explaining the law to both parties.
After the mediation of Zhang Dexiong and Liu Jing, Qu Shengguo raised the service level, and the owners no longer owed property fees.
"I want to apologize to Judge Liu, I complained that she didn't file a case for me, but now I understand that she helped me cure the disease. ”
With the resolution of the dispute, Qu Shengguo's concept is also changing.
"In the past, I looked for Judge Liu when I had something, but now, I look for Lao Zhang when I have something. Qu Shengguo said with a smile.
From going to court to mediating beforehand. This is a typical feature of Yulin City's litigation source management work.
In order to further promote the management of litigation sources, the Yulin Intermediate People's Court actively sought the support of the Party committee, issued an implementation plan for the pilot work on the governance of litigation sources in the name of the Political and Legal Committee of the Municipal Party Committee, and established a leading group for the comprehensive pilot work of litigation source governance in Yulin City, with He Xiangru, member of the Standing Committee of the Yulin Municipal Party Committee and Secretary of the Political and Legal Committee, as the team leader, and Wu Xiaopeng, president of the Yulin Intermediate People's Court, as the executive team leader.
Under the general pattern of a game of chess in the city, the management of litigation sources has achieved remarkable results. From January to November 2023, a total of 88,807 new cases of various types were accepted by courts in Yulin, a year-on-year decrease of 5.46%.
"The management of litigation sources is not a matter for the courts alone. He Xiang hit the nail on the head and pointed out the key to doing a good job in the management of litigation sources - from "court-based" to "party and government-based".
This is also the consensus of courts at all levels in Shaanxi. However, in reality, how to actively win the support of the party committee? This tests the wisdom of the court.
A few months ago, Yu Jiawu, president of the Chenggu County People's Court, submitted a thick investigation report to Hu Xinli, deputy director of the Standing Committee of the Hanzhong Municipal People's Congress and secretary of the Chenggu County Party Committee. This research report is a feasibility study conducted by Yu Jiawu on the management of litigation sources after going to Zhejiang, Guizhou and other places for investigation, combined with the current situation of Chenggu County.
Soon after, Hu Xinli presided over the county's litigation source management work promotion meeting, requiring the county to build a "party committee leadership, government leadership, departmental participation, social coordination, judicial promotion, rule of law protection" of multiple dispute resolution work pattern.
"In the past, the management of litigation sources was mainly led by the courts. At present, we adhere to the unified leadership of the county party committee, the standing committee of the county party committee conducts special research, and sets up a leading group, led by the political and legal committee of the county party committee, and a member of the standing committee of the county party committee is clearly in charge. Hu Xinli introduced.
Efforts from the grassroots level will alleviate the difficulties of one place, and from the top will solve the urgent needs of the whole region.
Under the promotion of the Shaanxi Provincial High People's Court, the management of litigation sources has been included in the assessment of the construction of safe Shaanxi, and the Shaanxi High People's Court has actively reported to the Political and Legal Committee of the Provincial Party Committee to take the prosecution rate of 10,000 people as an important assessment indicator, and strive to promote local party committees and governments to reduce the increase in litigation from the source, so as to make the work of litigation source management more effective.
A mechanism: strengthen the linkage between the government and the hospital, and give full play to the professional advantages of industry organizations
At 6 o'clock in the evening, Xi'an, the lights are on, and the traffic is endless. While people are unwinding from the fatigue of the day, the judges of the Second Circuit Court of the Weiyang District People's Court of Xi'an City are ushering in the busiest time of the day.
"Our court mainly helps migrant workers solve the problem of unpaid wages, and the migrant workers are busy going to work during the day and have time to defend their rights at night. Chen Yuan, president of the court, introduced.
The Second Circuit Court of the Weiyang District People's Court of Xi'an City was established in the "One-stop Service Center for Resolving Wage Arrears of Migrant Workers" established by the Management Committee of Xi'an Chanba Ecological Zone.
In the service center, the advantages of the linkage between the government and the hospital are vividly exerted. For labor disputes, the departments of housing and construction, public security, courts, market supervision, civil affairs, labor inspection, labor arbitration and other departments have a clear division of labor and work together. Each department gives full play to the advantages of the industry to resolve the conflict before litigation, and the court assists each department in ascertaining the facts, sorting out the subject, and carrying out judicial confirmation......
Up to now, the court has participated in the resolution of more than 5,800 disputes, more than 1,200 judicial confirmations, and successfully recovered more than 4,500 yuan in wages for migrant workers.
"The government and the court have worked together to form a joint force of departments to make the management of litigation sources twice the result with half the effort. Zhao Lei, president of the Xi'an Intermediate People's Court, said that at present, the Xi'an Intermediate People's Court has signed 31 agreements with 45 units including the Municipal Financial Bureau, building a large pattern of full-coverage, wide-ranging cooperation and full-chain government-court linkage litigation source governance.
Not only in Xi'an, but also in the vast number of towns and villages, the linkage between the government and the court is also an important means to resolve conflicts and disputes.
Lijiayuan Village, Yanshuiguan Town, Yanchuan County, is a typical landform of the Loess Plateau. Tens of meters high loess mountains are clustered, and narrow ravines are longitudinal and horizontal. In the folded waist of Lijiayuan Village, between the two narrow drainage canals on the top of the mountain, there is a flat land more than ten meters wide, which is the cultivated land of villager Li. Underneath the cultivated land, there is a pipeline for transporting natural gas from the west to the east.
In July 2023, inspectors of the West-East Gas Pipeline found that the drainage channel in the waist valley had collapsed, resulting in a potential safety hazard in the gas pipeline and requiring emergency repairs.
However, the maintenance of the canal involved the occupation of Li's cultivated land, and the company involved and Li could not reach an agreement on the amount of compensation for the land, so they reported to the town government.
The Party Committee of Yanshuiguan Town reported the dispute to the county comprehensive management center, and the county comprehensive management center quickly set up a mediation team to mediate. However, after two months of mediation, the two parties could not reach an agreement on the amount of compensation.
Seeing that it was deadlocked, Liu Wenping, secretary of the party committee of Yanshuiguan Town, proposed that Liu Chunming, vice president of the Yanchuan County Court, and judge Sun Shuyu guide the mediation work.
"What is planted in the field?", "What is the annual yield per mu?", "What is the area of cultivated land?"
The judges first listened to Li's income per mu, and then measured the area of Li's cultivated land on the spot, and found relevant case judgments and laws and regulations for the reference of both parties.
In just one morning, the dispute was resolved in Tanabe.
"Only when all departments show their abilities and work together can we play a good game of litigation source management. Meng Jie, deputy secretary-general of the Political and Legal Committee of the Shaanxi Provincial Party Committee, said that at present, various contradiction prevention mechanisms such as "court + finance", "court + women's federation" and "court + village and town" in Shaanxi are blooming everywhere.
One attitude: insist on activating the judiciary and go to the side of the people
"Lao Xu, what are you busy with?" "Lao Xu, have you eaten?"
In Huangguan Town, Nanzheng District, Hanzhong City, Xu Jian, president of the Huangguan Court, walked on the road, and the residents of the town greeted him warmly.
Xu Jian has been working here for 6 years, and he has long been an old acquaintance of the residents, and the residents like to mediate when they encounter conflicts that cannot be resolved.
Xu Jian always likes to bring a blackboard when mediating conflicts on the spot, and he is also known as the "blackboard judge" by the residents.
Not long ago, Liu's son who went to middle school accidentally hit and injured Ding in a neighboring village when he went out on an electric car. Although the village committees of the two sides coordinated with the specially invited mediation organization in a timely manner, the mediation was at an impasse due to Ding's high expectations for compensation.
Medical expenses, hospital meal allowance, nutrition expenses, lost work expenses, nursing expenses, transportation expenses, etc......
After Xu Jian arrived at the scene, he calculated the amount of compensation on the blackboard one by one.
"Lao Ding, do you think I'm right? You can't give as much as you want, we have to follow the law. ”
Looking at the list of accident compensation listed by Xu Jian, Ding no longer insisted on asking for a high amount of compensation, and signed a mediation agreement with Liu on the spot.
"With the blackboard, you can settle accounts for the parties on the spot, and you can also popularize legal knowledge for the parties and mediators. Xu Jian explained.
In order to have a more comprehensive understanding of the situation in the jurisdiction, Xu Jian will go to the village to take a walk around the village on weekdays when he has time to see what frequent disputes there are. In view of the characteristics of these disputes, the mediators are regularly trained, and risk notices are formed on the characteristics of the disputes, and typical cases are posted on the streets and alleys to popularize the law for residents.
Actively integrating into the overall pattern of litigation source management led by the Party committee requires the court not only to do a good job in pre-litigation mediation, but also to extend its tentacles to the grassroots level, discover hidden contradictions in a timely manner, and prevent problems before they occur.
Luochuan County, located in the south of Yan'an City, is the famous "apple township", with an area of 530,000 mu of apple orchards, 3.3 mu per capita, an annual output of more than 100 tons of apples, and more than 800 fruit-related enterprises.
In the process of building the whole apple industry chain, Luochuan County found that some fruit farmers, fruit merchants and fruit enterprises have weak legal awareness and lack professional legal knowledge, which also leads to the high number of cases involving the apple industry in the court every year.
How to use judicial means to protect the apple industry, reduce litigation disputes, and protect the legitimate rights and interests of fruit farmers, fruit merchants and fruit enterprises has become a major issue facing the Luochuan court.
In 2022, 17 front-line judges of the Luochuan Court went deep into the fields, fruit enterprises, government departments, etc. to conduct research, visited the judicial needs of 14 links of the entire apple industry chain, deeply analyzed the root cause of the problem, and formed 16 research reports after half a year.
On this basis, the Luochuan Court invited the business backbone of the Yan'an Intermediate People's Court and legal experts to conduct a special discussion, and formed the book "Risk Prevention and Control and Judicial Response of Apple's Whole Industry Chain".
The book summarizes the legal risks and coping strategies, typical cases, model documents, and relevant laws and regulations from the four aspects of orchard management, fruit sales, fruit enterprise management, and fruit industry security, and is called a "practical book" by fruit farmers, fruit merchants and fruit enterprises.
"As far as the court is concerned, the governance of the source of litigation is not to invite all kinds of dispute resolution forces to come in and gather them to the court, but that the judicial services of the court should go out and actively integrate into the general pattern of grassroots governance led by the party committee. It is necessary to help resolve conflicts and disputes at the grassroots level and in the bud through methods such as roving trials, legal guidance, and mediator training, so as to fundamentally reduce the increase in litigation. Jiang Min, vice president of the Shaanxi Provincial High People's Court, said.
Over the past decade, the number of new cases accepted by Shaanxi courts has continued to grow. The only way to curb it is to do a good job in dealing with the source of complaints.
At the beginning of 2023, the Shaanxi Higher People's Court put forward the "1281" work idea of implementing "one main line", coordinating "two overall situations", grasping "eight tasks", and achieving "one goal". Among them, the first of the eight key tasks is the management of litigation sources. With the concerted efforts of the provincial courts, the inflection point has finally appeared. In 2023, the provincial courts will accept 487,200 new first-instance civil cases, a year-on-year decrease of 7.15%, 7,140 new first-instance administrative cases, a year-on-year decrease of 9.73%, and 398,300 pre-litigation mediation cases, a year-on-year increase of 111.28%. In the face of achievements, the Shaanxi court did not rest on its laurels. Summarize experience, actively innovate, maintain the sustainable and high-quality operation of the current mechanism, conduct in-depth research, take the initiative to further break through the difficulties and blockages in the linkage between the government and the court, expand thinking, draw inferences from one case, strengthen the governance of the source of enforcement, reduce the contradictions and disputes in enforcement, and effectively solve the urgency, difficulties and expectations of the parties; ...... The Shaanxi People's Court is studying the mechanism, sorting out the problems, and taking good practical measures in a solid style of taking a quick step and going deeper, so as to truly transform the achievements into a driving force for continuing to move forward.
Source: People's Court Daily