"Judge Chen, thank you! After your mediation, we have reached a settlement, and now I have decided to withdraw the lawsuit against them!" When the dispute was resolved, the plaintiff Yang Mouqing happily shook Judge Chen Hong's hand and said.
On April 22, the Sanyang People's Court of Taoyuan County People's Court, together with the township government, the village committee, and the judicial office, went deep into the fields and successfully resolved a dispute over land contracting and management rights, resolving the contradictions and disputes at the grassroots level, and truly closing the case.
It is reported that the plaintiff Yang Mouqing and the defendant Yang Moubo are villagers in the same group as a village in Niwotan Township, and the two parties are cousins and nephews, and have lived next to each other for decades. In the 80s of the 20th century, because some of the contracted land of the two parties was near the other party's house, the two discussed the partial replacement of the same area, and registered the ownership of the changed situation when the land contract management certificate was replaced. After that, Yang Mouqing's family went out to work for many years and did not return, so Yang Moubo cultivated the contracted land of the two families. Around 2010, after Yang returned home, he wanted to cultivate the contracted land by himself, but Yang refused to return it, and after many mediations by the local government and the judicial office, to no avail, he sued the court.
After accepting the case, the presiding judge Chen Hong considered that the land issue involved the fundamental interests of the peasants, and that the plaintiff and the defendant were both relatives and neighbors for decades. Secondly, Yang Mouqing is very old, and both sides are emotional and fiercely confrontational. In view of the above situation, Chen Hong decided to conduct on-site mediation first, investigate the land situation on the spot, and then unite multiple departments to conduct door-to-door mediation.
On April 22, Chen Hong and the local government, judicial office and other staff went to the disputed site to inspect the scene, but before the mediation work was carried out, the original defendant quarreled fiercely at the scene, refused to give in to each other, and the scene was out of control for a while.
In order to prevent the contradiction from further intensifying, Chen Hong stood up and shouted to stop it: "Okay, stop arguing for now! We are here today just to fundamentally resolve the contradiction between your two families, not to listen to your quarrel! If the quarrel is useful, the contradiction between your two families will not drag on for more than ten years!"
The two sides stopped the-for-tat quarrel, and Chen Hong saw that the mood of the two sides had stabilized, so he first asked them to return to their respective homes, and then discussed with the staff of the government and the judicial office, conducted back-to-back mediation between the two sides, and listened carefully to the accounts of the two sides on the replacement of the contracted land and the subsequent cultivation.
Yang Mouqing said: "The contracted land has been legally replaced, and it should be divided according to the certificate. ”
Yang Moubo just believes: "Whoever planted the land belongs to whom, which is an error in ownership registration." ”
The local village director said: "I have learned the details from the old cadres before the land exchange, and the current registration of the land contract management right certificate is in accordance with laws and regulations and in line with the wishes of all parties. ”
Subsequently, Chen Hong explained to Yang Moubo the legal provisions and related policies of land contracting and management rights, and corrected his erroneous perception that "whoever planted the land is who's". Seeing that the defendant had loosened up, Chen Hong took advantage of the victory to pursue him, analyzed the pros and cons for him, and explained the risks of litigation clearly.
In the end, under the joint mediation of multiple departments, the two parties settled privately, and Yang Mouqing immediately applied for withdrawal of the lawsuit, and this land dispute that lasted for more than ten years was successfully resolved.
In recent years, the Taoyuan Court has actively practiced the "Fengqiao Experience" in the new era, and continued to play the role of the "bridgehead" of the people's courtroom.
Source: Fingertip News
Author: Chen Hong, Wu Mengxia
Editor: Liu Meixin