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Text | Reporter Hu Qihang, correspondent Li Zhizhi, Liu Yingliang
"Dad, I was wrong, come home with me, I will definitely take good care of your ...... in the future" Ms. Liu held her father's hand and tears rained down.
"It is not easy for the elderly to raise you, I hope you can change your mistakes and let the old man have a happy old age." The judge and the mediator at the mediation site said together.
A few days ago, Liu, an elderly man who lives in Xinzhan Town, Zhaoyuan County, Heilongjiang Province, came to the Xinzhan People's Court of the Zhaoyuan County People's Court to seek help because his daughter Ms. Liu did not fulfill her maintenance obligations. After learning about the situation, the police of the Xinzhan Court believed that it was difficult to completely solve the contradictions and the life problems of the elderly in the case for trial, so after obtaining the consent of the elderly, they contacted the mediator and grid staff in the jurisdiction to jointly conduct pre-litigation mediation of the dispute. In the end, the knot between the father and daughter was successfully opened, the family relationship was bridged, the old man was taken home by his daughter, and a maintenance dispute case was effectively resolved.
In recent years, the Xinzhan Court has deeply practiced General Secretary Xi Jinping's requirements of "insisting on putting the non-litigation dispute resolution mechanism in the front and reducing the increase in litigation from the source", adhered to and developed the "Fengqiao experience" in the new era, implemented the work requirements of the Heilongjiang Provincial High People's Court of "four modernizations, four solutions and four in place", strengthened external coordination and linkage, integrated grassroots dispute resolution forces, solidly promoted the governance of litigation sources, deeply integrated into the grassroots governance system, and opened up the "last mile" of judicial services with more efficient judicial measures.
Synergy
Integrate into grassroots social governance
"With the 'judge's station', you can get professional guidance and help without going to the court, which is really very convenient." In December 2023, when mediating a divorce dispute, the grid members of Xinzhan Village, Xinzhan Town, relied on the new dispute resolution mechanism of "judge + grid member/mediator" created by the Zhaoyuan Court, and cooperated with the judges of the Xinzhan Court to carry out mediation work, and finally prompted the parties to reach a mediation agreement.
"The '1+2 joint investigation and linkage' work model explored and implemented by the Xinzhan Court is very effective for resolving neighborhood disputes and family disputes." The grid member who participated in the mediation of the divorce dispute said.
In recent years, the Xinzhan Court has continued to innovate its work concept, taking the online mediation platform of the people's court as the carrier, continuously deepening the working mechanism of "four courts, one court and one center", promoting the construction of a one-stop diversified dispute resolution and litigation service system, and integrating the "4543" model of Daqing people's mediation, that is, building a "four-level platform" to build a multi-layer linkage mediation and prevention system; Gather the "five-party forces" and establish a multi-dimensional coordination mechanism for regulation and defense; Highlight the "four standards" and innovate the multi-integrated mode of regulation and defense; Strengthen the "triple guarantee", create a multi-polar support pattern of regulation and defense, and give full play to the role of people's mediation as the first line of defense and grid-based social governance to serve the masses at zero distance. At the same time, the Xinzhan Court has built a "court +" linkage mechanism and created a "Heyue" litigation source governance brand, and the effectiveness of litigation source governance has been significantly improved.
In addition, the Xinzhan Court actively carried out the work of "judges entering the grid" to provide judicial assistance for grid social governance with practical actions. At present, the Xinzhan Court has conducted business guidance and training for the people's mediators and grid members in the jurisdiction for 4 times, and pushed more than 210 pieces of legal service information, realizing the extension of the rule of law to the end of grassroots social governance.
Extended functions
Construct a diversified dispute resolution pattern
In March 2024, Zhang, a resident of Gulong Town, owed Liu 30,000 yuan for the sale of feed.
"It's a hassle to prosecute, is there any other way to get the money back?" After several rounds, Liu learned that the Xinzhan Court had set up a "shared court" in Gulong Town, and it was very convenient to protect rights through the "shared court". So, he came to the "shared court" with the mentality of giving it a try. After learning about Liu's predicament, the judge of the Xinzhan Court and the staff of the Gulong Town Judicial Office conducted mediation on the dispute together. After coordination and communication, Zhang paid Liu all the arrears on the same day.
"There is no need to hire a lawyer, no need to go through cumbersome litigation procedures, legitimate rights and interests are safeguarded, and the 'shared court' - I see it!" Liu, who got the arrears, happily gave a thumbs up.
Focusing on the urgent and difficult problems of the people in the jurisdiction, the Xinzhan Court further strengthened the extension of judicial services to the grassroots level, improved the efficiency of pre-litigation mediation, integrated judicial services into the work pattern of litigation source management, and created a "new station sample" for diversified dispute resolution. Through the establishment and improvement of the judicial service network, the Xinzhan Court has formed a "1+4+N" litigation source governance pattern of "court-township government, judicial office, police station, spear mediation center-village committee (grid member, mediator)", and relying on the people's court's mediation platform, it has successively connected with the grassroots governance units and mediation organizations in the jurisdiction, established a "judge's station" and "shared court", investigated and resolved 386 disputes, and strived to resolve conflicts and disputes at the source. In addition, in combination with the actual situation of the large area under its jurisdiction and the inconvenience of travel for the masses in individual villages, the Xinzhan Court moved the trial scene to the case scene and the fields, and selected typical cases such as marriage and family, neighborhood disputes to carry out roving trials, which were widely praised by the people in the jurisdiction and achieved the good effect of "hearing one case and educating one".
In September 2023, a judge of the Xinzhan People's Court of the People's Court of Zhaoyuan County, Heilongjiang Province, conducted pre-litigation mediation of a neighborhood dispute Photo courtesy of Zhaoyuan County People's Court, Heilongjiang Province
Stabilize the business
Comprehensively optimize the business environment
"More than 50,000 yuan of grain has been in arrears for two years, and I am also very anxious, but I am talking about business outside, and I can't get to ......the court in a short time." Wang, who filed a case in the Xinzhan Court a few days ago, said in embarrassment that he was in the field when he received a call from the judge's assistant.
Faced with Wang's problem, the person in charge of the court of Xinzhan proposed to mediate through remote video. On the day of mediation, the judge, mediator and both parties go online at the same time. The judge explained the evidence of the transaction between the two parties, and in less than an hour, the two parties reached a mediation agreement for installment repayment and directly completed the online service.
It is understood that in order to help enterprises in the jurisdiction develop more safely and stably, the Xinzhan Court aims to prevent and reduce the legal risks of enterprise operation and management, based on the actual development of the logistics industry in the jurisdiction, and jointly set up the "Trade Logistics Mediation Room" with the Zhaoyuan County Federation of Industry and Commerce, which is committed to helping enterprises to solve problems, help enterprises prevent risks, help the stable development of the industry, and provide better and more convenient litigation services for the trade and logistics industry. At the same time, for cases involving enterprises, labor disputes and other cases, the Xinzhan Court adopts the working idea of "litigation and mediation first, trial later", and sets up a "green window" for enterprises, so as to provide legal advice, case consultation and other litigation services for enterprises.
Song Yuqing, President of the Zhaoyuan Court, said that in the next step, the Xinzhan Court will continue to implement the work requirements of "one must, two unifications, and three realities", take the optimization of the law-based business environment as the starting point and focus of the judiciary for the people and the overall situation of serving the people, adhere to reform and innovation, explore solutions, and strive to provide judicial support and guarantee for the optimization of the law-based business environment in the jurisdiction.
Cover and table of contents of this issue
China Trial, Issue 8, 2024
China Trial News Semi-Monthly, No. 342
Editor/Xu Chang