Text | Tao Zhumin
"Thanks to the Shancheng Court, it can not only quickly resolve the disputes of the villagers, but also allow us village cadres to study the law and understand the laws and regulations, so that the conflicts and disputes can be resolved from the source, and the village has become more harmonious. A few days ago, the relevant person in charge of Erbashi Village, Zhonghe Town, Meihekou City, Jilin Province, expressed his gratitude to the cadres and police of the Shancheng Court when participating in the "two-way exchange of village cadres and judges" activity held by the Shancheng People's Court of the Meihekou Municipal People's Court.
In recent years, the Shancheng Court has taken the opportunity of creating the "Fengqiao-style People's Court" to vigorously excavate and use the essence of excellent traditional legal culture, empower grassroots social governance, innovate a number of judicial convenience measures, and build a characteristic model of grassroots social governance through the development of activities such as "Judges' Lecture Hall".
Inherit the red gene
Practice the original intention of justice for the people
"Judge Sun, two families in our village have a dispute over the land boundary issue, and now they are arguing, if the conflict is not handled well, there may be a physical conflict, I hope you can come over to mediate. ”
"Okay, don't worry, I'll contact the comrades of the Shancheng Land Office, and I'll go with them immediately. After receiving a call from the mediator of the village committee of Sihe Village, Shancheng Town, Meihekou City, Sun Xiaoguang, a judge of the Shancheng Court, immediately contacted the comrades of the Shancheng Land Office and rushed to the scene of the dispute together.
After further understanding the dispute between the two parties, the mediator of the Shancheng Court, the staff of the Shancheng Land Office and the mediator of the Sihe Village Committee jointly clarified the land boundary for the two parties and resolved the conflict between the two parties. In the end, the two parties shook hands and reconciled.
"To achieve the resolution of the source of contradictions and disputes, it is necessary not only to use the power of the people's court's professional legal guidance, but also to work together with multiple parties, and give play to the role of various mediation forces such as resident mediators, village committee cadres, and village sages, so as to achieve better results. After the mediation, Sun Xiaoguang said.
In recent years, the Shancheng Court has actively studied the "Ma Xi Five Trial Method" by inheriting the red rule of law gene, and learned the "magic tricks" of taking root at the grassroots level, facing the masses, and serving the masses in the red judicial cases. Going deep into the fields to mediate disputes like this has become the norm for the police officers of the Shancheng Court to handle cases.
For a long time, the Shancheng Court has adhered to the judicial concept of integrating emotion, reason and law, and strived to achieve the organic unity of legal, political and social effects by inheriting and carrying forward the fine tradition of "people's justice for the people". In judicial practice, the Shancheng Court integrates the forces of all parties to form a hierarchical and progressive grassroots dispute resolution system by uniting the police stations and judicial offices within its jurisdiction, and judges regularly connect with the staff of the township comprehensive management department to establish close contact. At the same time, we will carry out a two-way communication mechanism of "village officials learning the law and judges entering the village", and strive to build the Shancheng Court into a "hub station" that "connects the people's hearts, gathers public opinions, and solves people's needs", so as to ensure that the masses contact judges in a timely manner and the court responds quickly to needs.
Carry forward the culture of rule by virtue
Cultivate upward and good rural style
"I think that the clause of filial piety to parents should be added to the township rules and people's covenants, which is also a traditional virtue of the Chinese nation. ”
"I agree. I think that for this article, we should also further clarify in the township rules and regulations that children should not only provide material support for the elderly, but also care about the mental health of the elderly......"
This is the scene when the Shancheng Court organized the villagers of Erbashi Village, Zhonghe Town, within its jurisdiction, to formulate township rules and regulations. The villagers at the scene spoke enthusiastically and expressed their views on issues closely related to daily life, such as private lending and neighborhood relations. In the end, the Shancheng Court and the Erbashi Village Committee formulated the township rules and civil covenants containing patriotism and law-abiding, advocating science, and promoting filial piety in accordance with the relevant provisions of the Civil Code of the People's Republic of China and the actual situation in the village.
"The application of the concept of rule of virtue to the work of grassroots governance is to activate the vitality of the autonomy of the main body of grassroots governance, unite the power of the masses at the grassroots level, and let the masses solve practical problems with fewer procedures, shorter time and lower cost. Feng Jing, a full-time member of the adjudication committee of the Meihekou Court, said.
Since 2022, the Shancheng Court has successively set up "Township Covenant Non-litigation Rule of Law Station" and "Judge's Office" in the villages within its jurisdiction, and carried out a series of activities such as "New Interpretation of Township Rules and Civil Covenants" and "Judges' Explanations", strengthening the orderly autonomy of the grassroots masses in the form of the rule of law, using the rule of law to ensure good social customs, and giving full play to the role of township rules and regulations in grassroots dispute resolution, rural civilization construction, and The role of governing villages in accordance with the law and other links will resolve disputes at the source, create a rational and peaceful humanistic environment, and continuously improve the effectiveness of grassroots governance.
On April 27, 2023, the Shancheng People's Court of the People's Court of Meihekou City, Jilin Province, officially unveiled the "Township Covenant Non-litigation Rule of Law Station" in the jurisdiction Photo by Yan Xu
Spread the concept of non-litigation
Write a chapter of rural harmony
In May 2023, the Yamashiro Court accepted a case in which a father sued his son. Liu, an old man over eighty years old, came to the Shancheng court to sue his second son, demanding that the land management right contract be terminated with the second son. After the case is accepted, how to bridge the emotional gap between father and son while resolving disputes has become an important task for the Shancheng Court. To this end, the police officers of the Shancheng Court have made many home visits to find breakthroughs in contradictions.
During the investigation, the police learned that because of the pension and other issues, not only the contradictions between the elderly and their children are very prominent, but also between the children of the elderly. In order to be able to completely resolve the dispute, the Shancheng Court did not handle the case, but took the initiative to give full play to the judicial initiative, peel off the cocoon, and resolve the contradictions one by one. In the end, the Shancheng court not only resolved the dispute, but also allowed the father and son to release their previous suspicions and regain family affection.
At the end of the dispute mediation, the second son of the old man Liu tearfully held the hand of Judge Sun Xiaoguang and said emotionally: "Thank you for the judge's help, if this case is really going to be tried, maybe my father and I will have a deeper relationship." The Yamashiro Court resolved the conflict through mediation, which not only solved the problem for us, but also allowed me and my father to get back together. ”
After the mediation of the case, Sun Xiaoguang said: "Advocating a 'no lawsuit' culture is not to prevent the people from 'litigate', but to try not to let differences turn into disputes, so that conflicts can be resolved at the grassroots level." ”
Since 2023, the Shancheng Court has created more than 30 "litigation-free villages", resolving conflicts and disputes before litigation through a "package" of judicial services such as conflict mediation, legal consultation, and legal popularization, and doing its best to repair social relations and substantively resolve disputes.
"In the next step, the Shancheng Court will continue to insist on drawing nutrients from the excellent traditional Chinese legal culture, based on the development of the times and the demands of the people, so that the excellent traditional legal culture can better integrate into the spiritual pursuit, values and behavioral habits of the people in the new era, empower grassroots social governance and dispute resolution, and continue to promote the construction of the 'Fengqiao-style People's Court'. Yang Jindong, president of the Meihekou Court, said.
Cover and table of contents of this issue
China Trial, Issue 7, 2024
China Trial News Semi-Monthly No. 341
Editor/Xu Chang