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What is the story of Qiao Beihua in history?

author:The Man in the Iron Mask interprets historical figures

Judge Qiao Beihua is the affectionate "Qiao Qiao" in the mouth of her colleagues, the "walking encyclopedia of labor law" in the eyes of the parties, and the national model judge and the national excellent judge; In Shanghai No. 2 Intermediate Court, no matter whether it is a new colleague or an old colleague, everyone will affectionately call her "Teacher Qiao".

Qiao Beihua, the presiding judge of the Labor Dispute Division of the Shanghai No. 2 Intermediate People's Court at that time, and a national fourth-level senior judge, won the legitimate rights and interests of countless enterprises and individuals in the judicial trial work for nearly 20 years at that time, and also made outstanding contributions to the construction of China's legal system and social stability. In fact, the introduction of labor laws and regulations in our country is actually relatively short, we have a labor law in 1995, and only formulated a labor contract law in 2008, the legislative process of our labor law in the past two years is relatively fast, it should be said that labor laws and regulations have a role in promoting the development of the economy, a good law can regulate employment behavior, can promote the rational allocation of labor resources. Therefore, for some violations of law and discipline, or infringement of the interests of workers, the law adjusts through compulsion, which is actually very helpful to promote social justice and safeguard the legitimate rights and interests of workers. The cases that Judge Qiao faces on a daily basis usually involve labor disputes and contract disputes, so she plays the role of an old lady in the process. In fact, sometimes we talk about litigation is a very emotional thing, from our point of view, the best way to solve civil litigation is mediation, there are various types of people among our parties, some are indeed very helpless, he needs your help, some people may just want to vent their emotions, judges are actually sometimes the same as doctors, their doctors are dealing with your physical problems, we are dealing with psychological problems, first of all, I have to be patient. Under Qiao Beihua's patient persuasion and careful mediation, most of the parties shook hands in court and made peace, thus abandoning their previous suspicions and throwing away their heavy psychological baggage. This time Judge Qiao went to Aunt Fan's house, Aunt Fan's wife, Uncle Xu, has been working for 38 years, and was terminated from the labor relationship because of the impulse conflict with the leader of the unit, violated labor discipline, and was terminated from the labor relationship. However, Judge Qiao did not make a judgment easily, and after many times of persuasion work with Lao Xu and repeated coordination with the unit, the two sides turned the conflict into a jade silk, and Uncle Xu finally withdrew the appeal. Some people say that judges are selfless and unsympathetic, but in fact, the balance is not fragrant, and Qiao Beihua used her flexibility and affinity to show the personality charm of a female judge to the masses. The poet Ai Qing once said, why do I often have tears in my eyes, because I love this land deeply. Qiao Beihua often said that the masses are the objects of our work and the land on which we depend, and because of the pragmatic style of adhering to the masses, Qiao Beihua's work has been praised by many parties.

This photo was taken when I was in elementary school, at that time we just joined the Young Pioneers, I was the first batch to join the team, I put on a red scarf, and took a commemorative photo like this at that time, this is myself, this fat dudu is myself, I was quite strong when I was a child, at that time I felt that it was very honorable to wear a red scarf, because at that time it was said that the Young Pioneers were the vanguard, and I felt that I wanted to be the best person, and I may have such a talent at that time, and I like to do some things that uphold justice, such as who fights with whom, I want to judge and criticize who is right and who is wrong, because I remember that I was still the class president in the class, and I was the class president when I was in elementary school, and at that time the male and female classmates were fighting, and I had to judge who was wrong, and your behavior was wrong, and I had to persuade him to fight, and then I also liked to be a referee in all the games, whether it was a game or not, and there was still a subconscious idea of presiding over justice at that time. I used to think about becoming a teacher, but when I graduated from high school, when I was thinking about what major to take, I realized that I had gradually become inclined to choose a major that could administer justice, and I wanted to pursue such a profession in the future. In 1988, at the age of 19, Qiao Beihua was admitted to the Faculty of Arts to major in law with excellent results, and her university life not only fulfilled her childhood dream, but also strengthened her belief in pursuing legal work for the rest of her life. This photo is when I was in college, a few classmates, a few better female classmates got together for dinner, this is myself, I was still relatively young at the time, at that time we entered the university, may know more about the society, at that time in fact, our ideas, although we are all studying law, but maybe our respective ideals are still a lot of differences, like our classmates, in fact, all the people in this photo, only they work in the court, some other classmates are lawyers, some are abroad, Some people went to do real estate, in fact, they changed careers, and many people actually didn't do legal work anymore, because in 1992, when we graduated, it was just in time for the economic tide to sweep the mainland, many people went to the sea to do business, formed a lot of enterprises, opened a lot of companies, at that time working in the enterprise was better than working in the court, at that time I did have a lot of respect for legal work, at that time I was thinking that I wanted to enter the court, to work in the court, I wanted to be an admirable judge, I'm going to do a job of administering justice. In the four years of college, I have also interned in many places, and I have also interned in the courts, and I have seen many things, that is, many helpless parties have obtained justice through litigation or through the work of judges, and I have seen many enterprises frequently go bankrupt, because of this debt dispute, the problem of triangular debt is frequently bankrupt and facing bankruptcy, and finally it is solved through the legal way, and finally it has been reborn, and I feel that the law is indeed of great significance in the whole social life. And it is indeed a very sacred profession, so I feel that this profession is worth pursuing for a lifetime. In 1992, 23-year-old Qiao Beihua graduated from college and resolutely chose the court she dreamed of, and began her legal career as a clerk. This is a photo taken when he first entered the unit, and it is written on the back of this one, October 7, 1993, taken at No. 66 Junying Road, Shanghai, which is his original home, October 1993 is a year after he entered the unit, he is wearing a uniform and wearing epaulettes, and he does feel very proud at that time, and he wears this uniform to represent the embodiment of justice, and he wants to engage in a righteous cause, so he is very proud, so he wears this dress and takes a photo with his parents at a very simple home. In fact, in our work at that time, as a clerk, in addition to doing some transactional work, we also followed the judge to the scene to do mediation, and personally experienced how they did mediation work, how they investigated, and how they controlled the trial, this experience was very valuable, so it should be said that the past few years as a clerk have gained a lot for themselves. After many years, Qiao Beihua gradually grew from a young clerk to a judge who can take charge of herself, but she didn't realize at that time that solid ability to judge cases is not the only criterion for judging a qualified judge. I remember a case, it was indeed when I was in the second review of the facts, I wrote a date wrong, did not proofread it, and finally dealt with it after the party brought it up with me, at that time I thought, oops, I can even make such a low-level mistake, am I not suitable for this job. Although this case was successfully mediated and resolved by both parties in the end, it was indeed a deep lesson for myself, that is, you only have legal knowledge and no sense of responsibility, and you can't do this job well without this, so I was really vigilant at that time, which was the biggest blow I received in my career, because I felt that if this case was handled wrongly, it would have a great impact on the parties. I have always used it as a lesson to remind myself at all times. In the 21st century, China's urban construction and economic development have entered an era of rapid operation, and the prosperity of the metropolis has attracted countless migrant workers to rush to come, but the resulting various labor disputes and work-related injury disputes have become a very discordant hurdle on the road to its development. He wrote a resignation report at that time, and the leader said that because he wanted to go home with his cousin for the Spring Festival, so he submitted his resignation to the unit, and I ended the labor relationship on the 26th, and wrote such a resignation report, but in fact, his cousin went to pick him up a few days late because he happened to have something to do, so he didn't leave at that time, according to his personal statement, that is, he still continued to work in this factory, so he told the boss, because my cousin didn't come to pick me up, I will do it for two more days and then leave, so it happened on the 29th, Suddenly, one of his fingers was cut off one afternoon. The seventeen-year-old's family was overshadowed by the disaster, and the poor family could not afford such a large amount of medical expenses, so they pinned their hopes on the factory owner. The boss said at that time that I had no labor relationship with him, we had ended the contract, he had quit his job with me and left, the accident happened because he was playing in it by himself, I don't know why he didn't leave that day, we didn't arrange him to work, accidentally this injury accident, and then he was injured, I have paid a little medical expenses, I have done my moral responsibility, so I should not bear all other treatments, then the two parties are to determine the labor relationship, and then the lawsuit went to court. However, the court of first instance found that the juvenile's evidence was insufficient and did not support his claim, so the case file was put in front of Qiao Beihua, and in the face of the seemingly unassailable defense of the factory side, Qiao Beihua and her colleagues found several flaws. In the statement of the whole case, the unit's statements about how he was found injured and sent him to the hospital are contradictory, that is to say, the unit is deliberately concealing some things that are unfavorable to them, so we combine with the fact that his work clothes and tools have not been handed over, and combined with the working hours and usual places where he worked, we feel that from this point of view, the authenticity of the personal statement is higher, that is to say, the personal evidence is stronger, so in the end of this case, we are through layers of analysis and judgment of the evidence, the judgment of the parties' statements, and finally turned the case over and determined the employment relationship. Qiao Beihua in the court is a good judge who settles disputes and resolves conflicts, but outside the courtroom, she is a pioneer with a sense of social responsibility, and when the number of labor dispute cases surges, she leads the courts under the jurisdiction of the Second Intermediate People's Court, the labor arbitration department and the trade union department to establish an early warning mechanism for labor dispute group conflicts. In 2011, she cooperated with "Labor Daily" and opened a column called "Judge Qiao's Statement" to explain the law and answer questions for ordinary people and do her best to build a harmonious society.

Through the trial of the case, it was found that in fact, many parties did not find an entry point in the exercise of power in the litigation, or the direction of the claim was wrong, and his request could not be supported, but he was stubborn, which he felt that he encountered a lot of this situation in the process of litigation, and made him feel that in fact, many of our workers may not be very clear about how to protect their rights and how to promote the harmony of labor relations, and they are also very helpless, so on the one hand, he feels that he has a lot of insights in this regard; On the other hand, I hope that I can use my professional knowledge to help ordinary workers.

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