I want to install an elevator but it can't be installed because a household has not signed, and the corridor is full of debris, which affects life and travel, and many times of communication and coordination are still refused...... The people's tribunals are at the forefront of grassroots governance, and often hear "small cases" of firewood, rice, oil, salt, and parents. However, each "small case" is connected to the people's livelihood and the people's heart, how to do a good job of the small cases that warm the hearts of the people, and do the small things that conform to the people's will?
On May 9, the Fengtai People's Court held the thirtieth press conference of "New Cases of the Month", releasing the court's trial of cases involving community grassroots social governance in recent years, typical cases, and the relevant situation of the court's Fangzhuang People's Court's effective participation in community grassroots governance with the "three insistences", showing the court's vivid practice of taking peripheral governance as the path and actively responding to the people's growing and diverse judicial needs.
According to the data, since 2021, the court has concluded more than 18,000 cases involving grassroots social governance in the community, including 13,209 cases of marriage, family and inheritance disputes, 2,456 cases of property disputes, 1,212 cases of disputes over the elimination of obstructions and dangers, 985 cases of compensation for personal and property damage caused by infringement in the community, 245 cases of disputes in community public areas, and 224 cases of disputes over adjacent relationships. Judging from the content of disputes, such cases are mostly related to parents' shortcomings, firewood, rice, oil and salt, such as compensation for personal and property damage caused by water leakage in the house and unauthorized construction, and neighborhood disputes caused by the stacking of sundries in the corridor, flue renovation, installation of window guardrails, etc., which are closely related to the daily life of residents.
According to Lu Huimin, president of the Fangzhuang People's Court of the court, cases involving community grassroots social governance often show the characteristics of deep contradictions, diverse types, and difficulties in adducing evidence, and many cases have deep grievances between the two parties before entering the litigation, including both disputes over the dispute itself, as well as new contradictions formed in the process of resolving disputes through negotiation between the two parties. The interests of the masses are no trivial matter. In order to properly resolve disputes and bridge contradictions, the Fangzhuang People's Court adheres to the guidance of the core socialist values when hearing such cases, fully considers social conditions, public opinion, customs and habits, and mobilizes the masses and community organizations to participate in mediation, and has achieved good social results, and the first-instance mediation rate (including the withdrawal of litigation) of the Fangzhuang People's Court has reached 55.1% in the past three years. At the same time, the Fangzhuang People's Court actively integrated into the grassroots governance of the jurisdiction, continuously extending the "mediation" of litigation and mediation docking, relying on the community governance service station, strengthening coordination and linkage with the relevant functional departments of the district government and dispute resolution organizations, and efficiently implementing whistle-blowing reports; Regularly sort out the social problems that are common in trials, petitions and other work, deeply analyze the causes and characteristics of disputes, and give feedback to party committees and governments in the form of judicial suggestions, white papers, big data reports, etc., to scientifically serve local decision-making; Persist in handling cases is governance, and for older litigants with physical disabilities or dispute cases with typical educational significance, the trial team will go deep into the parties' homes, hospitals, or communities to carry out roving trials and mediation, so as to effectively solve the problem of "difficulty in traveling" for the parties while realizing "one case and one education".
Subsequently, Ding Haicheng, judge of the Fangzhuang People's Court, reported five typical cases, such as "don't let the public corridor become a private storage room", "the installation of window guardrails exceeding the standard was sentenced to rectification", "multi-party communication and interpretation of the law to solve the problem of elevator installation and rationalization", "the infringe manager of high-altitude falling objects bears the presumption of fault liability" and other 5 typical cases, clarifying that the public area is shared by all owners, but the exercise of rights needs the necessary limits and restrictions, advocating solidarity and mutual assistance between neighbors, mutual understanding, and building a harmonious living environment.
"I often listen to the short of parents, and ask more about firewood, rice, oil and salt. The 'small cases' in our eyes are often the 'big things' in the minds of the masses. In the course of the trial of the case, we should go to the scene more often, listen to the real thoughts of the parties, adhere to the win-win situation, pay attention to the substantive resolution of conflicts, and strive to find the best solution for case handling within the legal framework with the awareness of 'as if I am suing'. According to Ding Haicheng, in a case involving the installation of elevators in an old community, the plaintiff and the defendant were residents of the same unit building, and because the defendant did not sign the "Confirmation of the Addition of Elevators", the residents above the third floor sued the court, requesting that the defendant not be ordered not to obstruct the installation of elevators. According to the preliminary investigation and the information learned from the trial, the defendant did not carry out the specific act of obstructing the installation of the elevator, and the result of the case is clear from the legal perspective. However, the installation of elevators in old communities is an important livelihood project, and it is inevitable that there will be contradictions between high- and low-rise residents due to their different needs. Therefore, the judge decided to take a step forward and docked with the local streets, fire and other departments many times to fully understand the feasibility and safety of the installation of elevators in the units involved in the case and the actual impact of the installation of elevators on low-rise residents, and explained the new laws and regulations to the elevator installation company many times. Through many mediations, the elevator installation problem was successfully resolved.
"If the grassroots are strong, the country will be strong, and if the grassroots are safe, the world will be safe. The Fengtai People's Court will continue to adhere to and develop the 'Fengqiao Experience' in the new era, extensively guide and mobilize all aspects of society to participate in the resolution of contradictions and disputes, solve problems at the grassroots level and resolve them in the bud in a timely manner, give full play to the important role of the rule of law in grassroots governance, and provide more judicial wisdom and contribute more Fengfa strength to improve the grassroots social governance system in the jurisdiction. Wang Hongyi, member of the party group, director of the Political Department and spokesman of the Fengtai Court, said.
It is reported that before the press conference, the Fangzhuang People's Court and the Fangzhuang Sub-district Office set up the "Fang Species" law popularization station, and this press conference was the first law popularization activity after the establishment of the station. The Fengtai People's Court will give full play to the active role of the people's courtrooms in the publicity and guidance of the rule of law at the grassroots level, the prevention and resolution of contradictions and disputes, and the governance of society at the grassroots level, relying on the legal popularization post to continue to carry out legal popularization propaganda and continuously deliver judicial services to the people.
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Delegate Reviews
Zhang Xiaodong
Deputy to the District People's Congress
Secretary of the Party Working Committee of Fangzhuang Street and Director of the Working Committee of Renjie Street
The Fengtai People's Court continues to extend its judicial service functions, actively strengthen communication and cooperation with local governments, and set up a "Fang Seed" law popularization post in the street, which is a powerful measure to carry forward the "Fengqiao experience" in the new era, which is of great significance for the source prevention, front-end resolution, and control of contradictions and disputes, and the enhancement of the sense of gain, happiness and security of the local people. It is hoped that in the future, we will give full play to the role of the legal popularization post station in helping community governance, and work with the local streets to jointly promote the grassroots governance capacity and the construction of the rule of law to a new level with high-quality judicial services.
Li Qing
Deputy to the District People's Congress
Secretary of the Party Committee and Director of the Neighborhood Committee of the First Community of Fangguyuan District 1, Fangzhuang Street
Today, it is very important and necessary to set up a "Fang Seed" law popularization post in Fangzhuang Street, which embodies the work concept of Fengtai Court of "adhering to the people's livelihood orientation, insisting on mediation pre-emption, and adhering to justice for the people". The cases shared at the press conference are also very pertinent to the problems of residents' disputes that we often encounter in our grassroots community work. In the future, the community will be in close contact with the Fangzhuang Court, and do a good job in popularizing the law and pre-litigation dispute mediation with heart and soul, so as to jointly promote a more harmonious community!
Min Jun
Deputy to the District People's Congress
General Manager of Beijing Jinpeng Shunfa Property Management Co., Ltd., Member of the Urban Construction and Environmental Protection Committee of Fengtai District People's Congress
Strengthening social governance at the grassroots level, maintaining social stability, and promoting social harmony are inseparable from the escort of the courts. The establishment of the "Fang Seed" Law Popularization Station can allow the people's courts to further penetrate into the grassroots level, take root at the grassroots level, better carry out the work of popularizing the law, help the masses know the law, understand the law, study the law, use the law and abide by the law, effectively reduce the occurrence of conflicts at the grassroots level, and do a good job of "handling cases before litigation" and "resolving them before litigation". This press conference focused on the practical matters of people's livelihood, answered many questions that the people are concerned about, highlighted the leading role of the Fengtai Court in party building, and more effectively strengthened the communication, coordination and linkage with the residents of the street community, which is not only a powerful measure and effective achievement of consultation, co-governance and sharing to build a beautiful and harmonious home, but also injected judicial power into the multiplication and catch-up and cooperative development of Fengtai District, and is a powerful practice to improve the people's sense of gain, satisfaction and security.
Contributed by: Fengtai Court
Editor: Yang Shixia Guo Jin
Review: Wang Fang