— After 4 years, the uncle and nephew renew their family relationship —
"Uncle, I will tear down this wall in front of Judge Yang...... Luo said and picked up a hammer and smashed it against the wall he had built four years ago, and the uncle and nephew took 20 minutes to tear down this wall that had hindered family affection for a long time in front of Judge Yang Jie of the Jue County Court.
This is an enforcement scene that occurred on the evening of December 28, 2023, and it is also a successful case of the Jue County Court adhering to the concept of "as I am suing" and "as I am executing", and exploring and promoting the integrated case handling model of trial and enforcement.
-01-
Find the crux of the problem and optimize the solution path
"Since you don't care about my face, then don't blame me for blocking your way by not talking about my feelings." Luo thought like this in his heart while building a wall angrily.
"Hmph, I can sue you for the first time, I can sue you for the second time, if you are unreasonable, someone will always be able to control you!" In December 2023, Luo Mouming came to the Jue County Court to sue Luo in court, demanding that Luo remove the obstruction to the entrance road and restore the original state.
After the presiding judge Yang Jie accepted the case, he thought: The two families have been grudges for a long time, and if they want to fundamentally resolve this dispute, they must understand the reasons for the resentment between the two families.
It is understood that Luo and Luo are originally uncles and nephews, and the houses of the two sides are adjacent to each other. In the first half of 2019, Luo Mouming built an entrance road and occupied part of Luo's contracted land, and Luo did not take the initiative to ask Luo Mouming to pay compensation for the land occupation due to his relatives. In November of the same year, Luo Mouming sued Luo to repay the loan to the court and won. The more Luo thought about it, the more angry he became, thinking that Luo Mouming went to the court to sue him to repay the money regardless of his family affection and neighbors' face, but did not mention the compensation for the occupation of his contracted land, so in January 2020, he built a wall on the entrance road built by Luo Mouming occupying his contracted land, and did not allow Luo Mouming and his family to pass on the road.
Judge Yang Jie carefully sorted out the facts of the case and believed that this case should not be regarded as an ordinary dispute over neighboring rights, but should be comprehensively considered from the aspects of family affection and neighborhood relations, so that it is easier to find a breakthrough in resolving the conflict, and it is necessary to resolve it quickly on the basis of determining the score and stopping the dispute, and implement it in place as soon as possible, so as to promote the substantive resolution of the contradiction and dispute and the fundamental repair of the family relationship, so as to ensure that the case is truly concluded.
-02-
Solve the "heart wall", and then continue the relationship between uncle and nephew
On December 28, 2023, Judge Yang Jie led a team to drive to Baiyu Village, Wangjia Town, Jue County, nearly 100 kilometers away from the county seat.
"Judge Yang, come into the house and have a fire, it's too cold outside." Luo Mouming's wife came out of the house to say hello, and then said: "Look, judge, this wall has been erected for nearly four years, and my family's road has not been repaired, so I don't need it...... This matter has been pulling and pulling for several years, and it should be sentenced, but it can't be adjusted anyway. ”
Judge Yang Jie inspected the construction of the wall involved in the case on the spot, and personally felt that the wall had indeed affected the production and life of Luo Mouming and his family, and also found that the houses of the two sides were close together, and the two families "looked down and did not look up" every day.
"Judge Yang, let me tell you the truth, in fact, we also hope to solve this matter as soon as possible, and it is not a solution to delay it all the time. You're all here in person on such a cold day, and it would be too impersonal for us to avoid talking about it, so I'm willing to accept mediation! Looking at the judge's frozen red hands, Luo Mou said his true thoughts straight to the point, and other people in the family also expressed their willingness to accept mediation.
"That's right, this wall has always been here, and it's really inconvenient for you, in fact, how can there be so much hatred between neighbors, besides, you are still relatives, everyone is harmonious, and life is comfortable."
Stepping out of Luo Mouming's house, Judge Yang Jie stepped into Luo's house and expressed to Luo Mouming's idea that Luo Mouming was willing to resolve the contradiction of the "wall". In this way, Judge Yang Jie acted as the "middleman" and "microphone" of the two parties, repeatedly shuttling back and forth between the two families, through the combination of legal reasoning and reasonableness, and the simultaneous development of family affection and feelings, so that the two parties could empathize more, fully realize the importance of good neighborliness between the two parties, and the preciousness of renewing family affection, and gradually reversed the hostile state of the parties "meeting and staying away, you are not there" to "sitting down and communicating face-to-face", and finally facilitated the parties to reach an agreement: Luo Mouming compensated Luo 1,000 yuan, Luo agreed to Luo Mouming to demolish the wall, and the two parties signed the mediation record.
-03-
Fences are removed and are exempt from enforcement
Winter nights come early, and at 7 p.m., the sky is noticeably darker.
"The wall is not demolished is always a hidden danger of the contradiction between the two parties, and the two parties may regret it overnight, and they can't go now, and they must strike while the iron is hot to demolish the wall, so as to truly realize the conclusion of the case." Yang Jie said this to his peers.
Therefore, Judge Yang Jie once again started the work of the parties, preached the relevant laws and regulations of compulsory enforcement, informed the parties that they need to bear the relevant legal consequences if they fail to perform on time or refuse to perform, and expressed the hope that both parties can perform their obligations in a timely manner to avoid compulsory enforcement by the court. Luo Mouming immediately expressed his willingness to immediately demolish the wall, and Luo Mouming also expressed his willingness to pay land compensation immediately, and the contradiction between the two parties was resolved.
This is the opening scene - the uncle and nephew tear down the wall together in the witness of the judge and get back together.
In the bitter cold wind of the winter night, and the return vehicle was driving on the rugged mountain road, Judge Yang Jie posted a circle of friends on the car, writing: "The 'wall' that surrounded my uncle and nephew for three years was finally demolished under our witness, and I hope you will live in harmony and keep your family forever."
Judge Yang Jie deeply understands that the work of the court is also the work of the masses and the ideological work, and the root cause of many contradictions and disputes is that the "heart knot" has not been opened, as long as the mind is open, the contradiction will naturally be resolved, but the real "end" of the dispute also needs to do everything possible to urge the parties to take the initiative to perform, and do not take compulsory enforcement measures until the last resort.
▍Editing source: Jue County People's Court|The copyright belongs to the original author
▍ Comprehensive editor: Jue County Doudou