Dahe Daily Yu video reporter Shao Keqiang
In November 2023, Zhang Jun, President of the Supreme People's Court, visited Zhengzhou for investigation and listened to the work report of the Zhengzhou Municipal Court, which was fully affirmed......
On April 23, a video reporter from Dahe Daily and Yu walked into the Gongyi City People's Court in Zhengzhou to try to find an answer.
"The judiciary is the last line of defense for fairness and justice, but judges should not be the only force in resolving disputes," the judge said. 'Sandian Remains' gives us 'stress relief' and frees up more time and energy to handle high-quality cases. The crowd said, "'Fighting lawsuits' is not our goal. 'Mita Surplus' allows us to run less errands, spend no money, and solve problems. ”
In 2023, there will be 10,601 diversion cases of "Sandian Liuyu" litigation and mediation docking platform, and 7,259 cases will be successfully mediated, with a mediation success rate of 65.3%. Cases are diverted, resolved before litigation, and judges and the masses enjoy the "dividends" brought by judicial innovation and practice, which is the preciousness of the innovative work method of "Mita Remains".
Phenomenon: Contradictions and disputes can be resolved at the "doorstep".
"The contradiction between me and him is that I owe this 10,000 yuan for many years. How can you solve it?" asked villager Wang Zhu (pseudonym).
"Now that the other party is preparing to file a lawsuit, I will tell you about this legal procedure first, and then find a ......solution," mediator Wang Mancang replied.
This question and answer took place on the morning of April 23 in the "Sandian Liuyu" mediation room of the Zhulin People's Court.
Zhulin People's Court, located in Zhulin Town, Gongyi City, Zhengzhou, is a rural court with the integrated function of "mediation, trial and execution", mainly responsible for handling civil cases in the four townships of Zhulin, Mihe, Xiaoguan and Xinzhong in Gongyi City. "I've been working here for almost seven years, and I've mediated more than 1,000 conflicts. Zhang Jinquan is a specially invited mediator of the Zhulin People's Court, and he sits on duty every day to receive people with law-related demands.
Zhang Jinquan told the Dahe Daily Yu video reporter that he used to work in the Xinzhong Town Police Station, the Judicial Office and the Linggou Village Committee, and was good at the mediation of disputes such as marriage and family affairs, civil reception disputes, and neighboring relationships. ”
At the Zhulin People's Court, the reporter saw a leaflet that read, "Although your filing a lawsuit with the court is the last resort to resolve disputes, it is not the best choice to resolve disputes...... Pre-litigation mediation may be the first option to resolve disputes". Gao Zhiqiang, president of the Gongyi Municipal People's Court, explained on the spot that the grassroots people have law-related problems, but they can find mediation nearby, and if the mediation fails, the people's court will quickly register and file the case, "so that the masses can run fewer errands and let the contradictions be resolved at the 'doorstep'."
In the first three quarters of 2023, the Zhulin People's Court handled a total of 274 cases, with a completion rate of 96.72% and a mediation rate of 62.15%. In 2023, the Zhulin People's Court was named the first batch of Fengqiao-style people's courts by the Henan Provincial High People's Court.
Behind the scenes: more than 10,000 cases were diverted in a year, and 7,259 cases were successfully mediated
The achievements of the Zhulin People's Court are due to the function of the "Sandian Liuyu" mediation room.
It is understood that the Gongyi Municipal People's Court has built a three-level "Santian Liuyu" mediation room. In the court room, the dispatched court and the executive bureau set up the "Mita Liuyu" resident mediation room, adopt the "pre-litigation, pre-trial, post-trial" three-tier mediation mode, that is: pre-litigation random mediation, diversion to pre-litigation mediation cases, randomly assigned to the mediation team for mediation, mediation is unsuccessful, immediately register and file; pre-trial substitution mediation, within three days after the case is filed, change personnel to re-mediate, mediation is unsuccessful, the seventh day of trial; post-trial resident mediation, after the end of the trial, again change personnel to enter the court for mediation.
In each town, a "Sandian Liuyu" resident mediation room has been set up to carry out pre-mediation in family matters, so that major matters do not leave the town; and in key villages (communities), a "Sandian Liuyu" resident mediation room has been set up to resolve neighborhood and family conflicts and strive for small matters not to leave the village.
What is the magic weapon of "Sandian Remaining"?
In recent years, the Gongyi Municipal People's Court has combined the local culture with the "Sandian filial piety" of the three Tian brothers, who are widely known and well-known to the masses, of "respecting their father's last words for filial piety and brotherly harmony for righteousness", and combining the "surplus" idea of "leaving a surplus, letting the ingenuity be in the sky, letting the country be in the country, letting the wealth be in the people, and letting the blessing be in the future", and launched the "Sandian Liuyu" work method, which runs through the concept of "love and filial piety" and "harmony is precious" throughout the whole process of conflict and dispute mediation, and has achieved good results and attracted praise from the masses.
"Based on this 'magic weapon', we continue to build our brand and build a pre-litigation mediation system of 'Mita Liuyu'. Gao Zhiqiang said that the Gongyi Municipal People's Court set up a "Sandian Liuyu" litigation and mediation docking platform, in accordance with the work requirements of "separation of complicated and simple, fast and slow separation, and separation of light and heavy", some cases were diverted to the platform, and pre-litigation mediation was carried out before the case was filed.
In 2023, the platform will divert a total of 10,601 cases, and 7,259 cases will be successfully mediated, with a mediation success rate of 65.3%.
Effect: Early mediation reduces the number of cases and "relieves pressure" on judges
In recent years, "a small number of cases" has plagued many grassroots courts. It not only brings tremendous work pressure to judges, but also easily damages judicial efficiency and fairness.
"The 'Mita Remains' work method not only satisfies the masses and resolves conflicts and disputes, but also 'relieves pressure' on our judges, freeing up more energy for us to handle cases well. Ma Ruijie, vice president of the Gongyi Municipal People's Court, said that this is a win-win result.
Ma Ruijie said that the Gongyi Municipal People's Court currently has 46 judges, and in 2023, the court will accept 20,333 cases of various types and close 18,934 cases, with an average of 274 cases closed by judges, with a completion rate of 93.1%, ranking second in the Zhengzhou Municipal Court. Among the 21 trial indicators, 19 are in the excellent range, the implementation work is in the first phalanx of Zhengzhou courts, the comprehensive evaluation is among the best, and the enforcement contract index ranks third in the province in the evaluation of the business environment in Henan Province.
Looking at another set of data, in 2023, there will be 10,325 diversion cases of the "Sandian Liuyu" litigation and mediation docking platform, an increase of 2,738 cases compared with 2022, 7,005 successful mediations, an increase of 1,239 cases compared with 2022, a mediation success rate of 71.34%, 557 successful mediation of marriage and family cases, 478 construction contract cases, 15 administrative cases, 210 labor disputes, and 648 property service contracts.
Comparing the above two sets of data, it can be seen that the role of the "Sandian Liuyu" work method in the "source control" of the case is not a simple control, but a substantive resolution at the source.
On April 23, in the Gongyi Municipal People's Court's "Sandian Liuyu" Litigation and Mediation Docking Work Center, Dahe Daily Yu video reporter saw that the staff on duty received the masses, first understood the demands of the incident, and guided them to conduct professional mediation according to the wishes of the parties.
For example, a mediation room for family cases has been set up to mediate marriage and family cases, a mediation room for optimizing the business environment has been set up to conduct professional mediation for cases involving enterprises, and a lawyer mediation room has been set up, and a lawyer has been dispatched by the lawyers association to the court litigation service center every day to provide professional answers and mediation to the parties.
"Pre-litigation mediation makes it more convenient and efficient for the masses to 'litigate', reduces cases from the source, and allows us to have more time and energy to handle high-quality cases. In the interview, a number of judges of the Gongyi Municipal People's Court said.
How are the "expenses" of more than 550 mediators protected?
According to Chen Piyun, vice president of the Gongyi Municipal People's Court, the court has also established a mediation workstation in the key area of "Sandian Remaining", focusing on optimizing the business environment under the rule of law.
At present, the Gongyi Court has jointly set up mediation studios with 12 units in the jurisdiction, and actively discussed and prepared for the establishment of mediation studios in related industries with 3 units including the Market Supervision Bureau. In addition, the "Good People of China" mediation room has also been established, and 11 "Good People of China" have been hired as special mediators.
According to statistics, there are currently more than 550 mediators at all levels under the mediation mechanism of "Mita Liuyu". How to ensure the normal operation of this mediator team?
During the interview, the reporter learned that mediators at all levels have corresponding assessment mechanisms, such as: the number of successful mediation cases directly affects the remuneration obtained. The key is that the local party committee and government attach importance to grassroots governance, support innovation in the governance of litigation sources, and invest in financial support from governments and departments at all levels to ensure mediators' salaries and other benefits.
"Contradictions are not handed over, safety is not accidental, and service is not lacking", these 15 words are the basic connotation of the "Fengqiao experience" in the new era. The Gongyi Municipal People's Court innovatively launched the "Sandian Remaining" working method and derivative mechanism, so that "small matters do not leave the village, major matters do not leave the town, and conflicts do not turn in", which is a powerful practice of the "Fengqiao experience" in the new era.
Source: Dahe Daily Yu Video Editor: Chen Pengchong