"Now the court is open, and the witness Huang Zimei is in court!"
With a crisp sound of the gavel
One was tried by the Xuhui District People's Court
The trial on the inheritance dispute has begun
It is different from a normal trial in a courtroom
The trial took place here
Yangpu District Changbai Xincun Street Kongjiang Road Lane 121 Neighborhood Committee
Even more special
This is also a rare cross-district hearing carried out by the Xuhui Court
And the reason why the trial was moved from the courtroom to the neighborhood committee
From a special witness......
The witnesses to the will are old
The court was "moved" into the neighborhood committee
Liang Jian and Liang Kang are a pair of brothers, and the two sides had a conflict over the inheritance of their parents' estate, and finally the younger brother Liang Kang sued his elder brother Liang Jian in court.
"My mother is old, and he (Liang Jian) organized and planned the will, and he just wants to monopolize the old lady's property!" "At the first trial, the eldest Liang Jian took out a copy of his mother's will, which stated that his mother decided to hand over all the real estate and calligraphy and paintings under his name to the eldest to inherit after a hundred years, but the second Liang Kang did not approve of this will.
"He (Liang Kang) doesn't care about the old lady at all, just like without his son, all the care of the old lady during her lifetime is borne by me alone, and the old lady makes a will for me to inherit all of them is reasonable and legal!"
During the trial, in order to find out the truth of the will, the Xuhui District People's Court summoned relevant witnesses in accordance with the law, and except for Huang Zimei, who was unable to appear in court due to her old age, other witnesses appeared in court to testify. "Aunt Huang is an old friend of my mother, and she can best restore the truth when she made the will, but she is 87 years old and it is inconvenient to appear in court, can she testify in writing?"
The testimony of the witnesses to the will is the key evidence to ascertain the validity of the will, and it is not appropriate to submit it in writing. In order to more fully and comprehensively ascertain the facts of the case, the presiding judge Zhang Dongmei made the decision to go to the neighborhood committee where the old man was located to hold a court session.
Drive to the "trial site"
Helping the case move towards clarity
Before the trial, the judge contacted the neighborhood committee where the elderly belonged in advance, and with the assistance of the neighborhood committee, determined the appropriate time and place for the on-site trial. Early that morning, Judge Zhang Dongmei and her entourage drove 30 kilometers to the trial site.
At the scene, several tables and chairs surrounded a summary courtroom, and the trial seats, plaintiffs' seats, and defendants' witness seats were lined up in turn, with limited space but orderly. The national emblem hanging over the judge's head has been turned into an electronic version according to local conditions, but it still does not lose the solemnity of the court. Residents came to watch at the door, and this was the first time they had witnessed the justice of the court at their doorstep.
"Judge, I am a colleague of the deceased...... One day before her death, she called me and asked me to go to her house and say that she wanted to tell me something in her heart...... "Huang Zimei, who was full of silver hair, sat on the witness seat and slowly talked about the matter of witnessing the will back then.
After Huang Zimei testified, both parties questioned the witnesses about the unclear parts.
After the trial, Huang Zimei read the transcript and signed it, and then left with the help of court staff. In order to protect the rights and interests of the elderly, before the parties left the courtroom, the presiding judge Zhang Dongmei also made a special request to them not to disturb the witnesses and not to affect the normal life of the witnesses.
Judgement in the case will be handed down at a later date. (The names of the people involved in the article have been changed)
Judge: It's worth it!
After the trial, Zhang Dongmei was interviewed by reporters.
Zhang Dongmei said that the elderly, the weak, the sick, the disabled and the pregnant are the vulnerable groups around people, the key objects of care for the whole society, and the focus of the people's courts in fulfilling their social responsibilities. According to mainland law, all units and individuals who know the circumstances of the case are obliged to appear in court to testify, and if they are unable to appear in court due to health reasons, they may testify in writing or other means. However, in reality, due to the needs of the trial and the objective situation of the witnesses, many cases must be collected on the spot.
"In this case, the two brothers have had many years of grudges and deep conflicts, and they had many lawsuits as early as when their mother was alive. If the issue of parental inheritance is not clear, I am afraid that the conflict will not only not dissipate, but will become more intense. ”
Zhang Dongmei believes that whether it is to ascertain the facts of the case or to convince the parties more, Huang Zimei's testimony is not suitable for submission in writing. The court does not stick to the traditional mode of court hearings, and opens the court to the community and the neighborhood committee, which can not only restore the events of the year in person, but also eliminate the doubts of the parties to a certain extent, and also solve the practical dilemma that the witnesses are too old to appear in court. Zhang Dongmei said.
Reporter | Ji Zhangying