Text | Xu Chang
On July 1, 2024, the Supreme People's Court held the "50 Years of Glory in the Party" commemorative medal awarding ceremony and the "Two Excellence and One Pioneer" commendation conference, and the promotional video of Comrade Han Xuhui's advanced deeds was played at the conference.
Zhang Jun, Secretary of the Party Leadership Group and President of the Supreme People's Court, called on all court officers and police officers to learn from Comrade Han Xuhui's political character of loyalty to the party and his original intention, his feelings of being a public servant who cares for the masses and the judiciary serves the people, his professional dedication to performing his duties conscientiously and scrupulously, and his noble sentiments of selfless dedication, honesty and integrity, absorbing the spiritual strength of advanced models, continuing to struggle, unremitting struggle, and eternal struggle, and constantly writing a new chapter in the cause of judicial adjudication.
Han Xuhui was a first-class judge of the Machang People's Court of the Luzhou District People's Court of Changzhi City, Shanxi Province. On March 9, 2023, less than 4 months before his retirement, in order to finish the last few cases in his hand, Han Xuhui ran around, and finally due to overwork and sudden illness, his life was fixed at the age of 59.
Han Xuhui has worked in the people's court for 27 years, of which 17 years have been spent in the people's court. He has handled more than 3,000 cases, and the parties are all convinced and praised. In December 2023, the Supreme People's Court posthumously awarded Han Xuhui the title of "Advanced Individual in National Courts".
Han Xuhui often said: "The judgment is easy, but it takes effort to truly resolve the conflict." ”
"Judge Han's handling of cases is both legal and emotional, taking into account both law and feelings, and warmth, this is a good judge in our eyes."
"As Han Xuhui's daughter, I will inherit my father's legacy and strive to become a person like him who is rooted in the grassroots and looks up to the stars."
……
The Si people are gone, but the spirit lives on. Through the narration of the people around Han Xuhui, the author tries to restore the life of this good judge who worked tirelessly and dedicated to the people.
"First in the Auditorium, then in the Judgment Seat"
When adjudicating cases, Han Xuhui always gives priority to protecting the interests of vulnerable groups within reasonable and legal limits. By fully listening to public opinion and understanding people's livelihood, he strives to resolve contradictions and disputes before litigation and fully protect the interests of the people.
On March 22, 2019, the former urban district people's court and suburban court of Changzhi City were merged to form the Luzhou Court. There are many enterprises, villages and towns, and a large population in the jurisdiction of the Machang Court, and the types of cases are even more diverse. Most of the residents of the jurisdiction are farmers. In order to save litigation costs, many parties do not appoint a lawyer and choose to appear in court on their own. However, due to their lack of professional legal knowledge and court experience, they are afraid of the courts. However, Han Xuhui always communicated with them gently, trying to ease the tension of the person concerned.
The picture shows Han Xuhui communicating with the parties before his death Photo courtesy of Luzhou District People's Court, Changzhi City, Shanxi Province
Before each court session, Han Xuhui must sit in the auditorium or clerk's seat and chat with the parties. In a natural and relaxed conversation, he carefully understood the causes of the conflict between the two parties, and tried his best to alleviate the antagonistic emotions of the parties. Although the entire court session may last an hour, Han Xuhui spent a long time resolving conflicts before the trial. He will not be formally seated until the parties are unable to reach an agreement. In cases where Han Xuhui sat in the auditorium or "chatted" on a wooden bench, the parties rarely appealed. Han Xuhui worked hard to do a good job in every detail, and conveyed the strength and temperature of justice to the hearts of the masses.
"Han Xuhui has been like a day for more than ten years, using the language that the masses can understand, the logic and methods that can be understood, 'skillfully' dealing with the troubles of the people, resolving contradictions and disputes at the grassroots level, and letting the 'Fengqiao experience' in the new era take root in Luzhou." Wang Jianhong, secretary of the party group and president of the Luzhou Court, said.
"Knock on the farmer's door first, then knock on the gavel"
Han Xuhui often said: "To be a judge, you must cultivate yourself with morality, be upright, and be a good 'troublesome official' for the people." To be a good "troublesome officer", you have to go deep into the scene to find out the truth and solve the people's urgency.
In the jurisdiction of the Machang Court, there are many disputes between neighbors. For ordinary people, the relationship between neighbors is very important, and if it is not handled well, it is a "big trouble". In a neighborhood dispute, the original defendant had a conflict over the homestead and the construction of the house, and the dispute was endless. After several failed attempts in mediation, the cadres of the village committee sued the court. Han Xuhui went to the original defendant's home several times with a tape measure, carefully measured the homesteads of both parties, and learned in detail about the process of building and rebuilding the house. On the basis of a detailed analysis of the contradictions between the two sides, in the end, he made a verdict. As he expected, neither side appealed. Soon, the defendant consciously fulfilled his obligations.
Han Xuhui always pays attention to identifying the crux of the problem on the basis of full investigation and research. "Civil disputes must first go to the parties' homes to find out the truth, the sound of the gavel is good, and the more detailed the investigation, the more solid the case will be after it is closed." This is also the experience of Han Xuhui often talking about to the judge's assistant.
Han Xuhui always has a pair of sneakers in his office. When he goes out to handle a case, he will change it. In almost every case, he had to investigate in depth five or six times. In addition to sneakers, Han Xuhui's office also has inspection tools such as tape measures, cameras, and drawings, which are convenient for him to conduct on-site inspections and handle cases on the spot at any time.
Guo Hanmo, director of the trial management office of the Luzhou Court, has been Han Xuhui's partner all along. The two often discuss cases together and exchange experiences. According to his recollection, Han Xuhui attaches great importance to on-site case handling, and he believes that on-site inquest can not only allow judges to have an in-depth understanding of the case, but also shorten the "distance" between judges and the public. The more the masses trust the judges, the higher the rate of accepting judgments and ending lawsuits, and the contradictions will naturally not be handed over.
"Deal with the housework first, and then explain the law and reason"
"The circuit trial, what is taken is the footsteps, and what is brought back is the people's hearts." This is what Han Xuhui often says. Under his leadership, the Machang Court insisted on taking circuit trials as a key task, steadily advancing and implementing them in depth, and set up 15 circuit trial sites and more than 20 liaison officers in the jurisdiction. This move can not only "let the people run away less", but also achieve the social governance effect of "hearing one case and educating one".
The picture shows Han Xuhui as the presiding judge in Anyang Village, Machang Town, Luzhou District, Changzhi City, courtesy of the People's Court of Luzhou District, Changzhi City, Shanxi Province
In 2012, the Machang Court accepted a maintenance dispute. The plaintiff is an octogenarian and the defendant is her four children. On the day of the trial, a large crowd gathered outside the courtroom. In order to achieve the goal of "hearing one case and educating one", Han Xuhui decided to take this case as the first case of the circuit trial of the Machang Court. The courtroom is located in the small square of the village council. During the serious trial, Han Xuhui explained the legal provisions to the villagers. After the case was successfully concluded, the common people also received a vivid legal education lesson.
At work, once Han Xuhui finds that there is a case suitable for circuit trial, he will move the trial scene to the masses. By observing "trivial" housework disputes, the people who observe can also know the law, understand the law, abide by the law, and continuously improve their awareness of the rule of law.
Judge Ma Chenhui of the Luzhou Court, as an apprentice brought out by Han Xuhui, couldn't keep up with his work rhythm at first. Her long-term experience in handling cases has given her a deep understanding of Han Xuhui's working methods. She firmly remembered the teachings from her master: "No matter how thick or thin the dossier is, it is very heavy. Only by keeping the affairs of the common people in mind can the thick case files be read 'thin' and the heavy cases be resolved. ”
"Conscience first, then listen to the people's hearts"
"Judges should not only look at the case file to find the law, but also listen to the opinions of the public. The conscience of the judge lies at the intersection of the law and the will of the people. Comparing hearts with hearts and making humane judgments is the greatest justice in the hearts of the people. This is the work philosophy that Han Xuhui has always adhered to in his work.
Wang Liangzhi, who is nearly 70 years old, and her wife Kang Chengen were the plaintiffs in the last case that Han Xuhui tried before his death. On March 7, 2023, Han Xuhui held a trial of the case in Linfen Prison. The last thing he said to the old couple was, "When things are done, let your son take you to relax." Unexpectedly, this sentence turned out to be a farewell.
More than 10 years ago, Wang Liangzhi and his wife worked in a cement manufacturing company in Changzhi City. This enterprise was originally a large-scale private enterprise in the local area. Later, the legal representative of the enterprise was imprisoned for committing a crime, the company closed down, and the wages of the workers were lost. Originally, Wang Liangzhi thought that the 7,000 yuan salary would not be returned, but he heard that the workers in the same situation as them had received their wages with the help of the judge of the horse factory court. She and her wife went to court with the mentality of giving it a try. After Han Xuhui learned about the case, he attached great importance to it and immediately received the couple and said that he would definitely help them get back the hard-earned money.
Counting them up, Wang Liangzhi and his wife are already the plaintiffs in the 220th case in this series of labor disputes. In the past 10 years, Han Xuhui, as the presiding judge of this series of cases, has been running around, helping workers get their wages back, and trying their best to protect the rights and interests of workers.
Small cases are related to the people's livelihood. Wage cases have always been a hot issue that ordinary people pay close attention to. Although the subject matter of such cases may not be large, it is related to people's livelihood and social fairness and justice. Han Xuhui has always adhered to the concept of "as I am suing" to minimize the cost of wages for workers and truly relieve the "salary worries" of workers.
"Get on the fair track first and then drive the efficiency car"
Han Xuhui likes to compare efficiency to a car, and fair justice is the destination. "The faster the car goes, the faster it will reach its destination, but you can't derail it no matter how fast or slow it is." The goal of handling cases must be to substantively resolve disputes in accordance with the law, and avoid "procedural idling" and loss of labor and money.
Construction contract dispute cases with large amounts of money are often complex, the trial period is long, and the realization of rights and interests is slow, which can easily lead to the business difficulties of the enterprises involved in the litigation. Han Xuhui once handled a construction contract dispute. In view of the different demands of both parties, he patiently listened to the opinions of the parties, dug deep into the details behind the case, and after confirming that both parties had mediation intentions, he adopted the "back-to-back" mediation method to find the balance of interests of both parties, put forward a solution acceptable to both parties, and completed the entire process from case filing, mediation to actual performance in more than a month.
"In the process of representing a case, we are often asked by the parties, how long will the case be decided? We will talk about the first trial, which is usually up to 6 months. However, in 2021, in a sales contract dispute case handled by the presiding judge Han Xuhui, the parties received the judgment five days after the trial. Lawyer Li Jing said, "At that time, Han Xuhui was 57 years old. As a veteran judge, he still does his best to improve the efficiency of handling cases, which is really admirable."
Han Xuhui has always adhered to the belief that he must truly solve practical difficulties for the parties, and does his best to fulfill the legitimate rights and interests of the winning parties. He repeatedly stressed to his colleagues that "the parties do not want a piece of paper".
In the 17 years of work of the people's court, Han Xuhui has always adhered to the active performance of his duties, and strived to integrate his rich trial experience into the "Fengqiao Experience" in the new era, and used the rule of law thinking and rule of law methods to resolve a large number of civil disputes guided by public opinion, and gradually formed his own unique "CIFI Work Method" (also known as the "Five First Work Method"), which has been widely recognized by the masses and respected by court officers and police.
Chen Qiang is the current president of the Machang Court. He was deeply touched by the birth and inheritance of the "CIFI Work Method" in the Machang Court: "The Machang Court is the birthplace of the 'CIFI Work Method' and the place where the 'CIFI Work Method' is practiced. Inspired by the noble spirit of Comrade Han Xuhui, all the cadres and police officers closely followed the theme of 'justice and efficiency', and strived to make the people feel fairness and justice in every judicial case with the concept of 'as if I were suing'. ”
The "CIFI Work Method" is an excellent answer sheet handed over by an ordinary Communist Party member, an experience sample of a group of grassroots judges in handling cases on a daily basis, and a dazzling monument to the people's courts' active performance of duties in the new era. This is a vivid portrayal of Han Xuhui's practice of the "Fengqiao Experience" in the new era, which is not only inherited and carried forward by colleagues and juniors, but also takes root, blossoms and bears fruit on the "Land of Sanjin", and radiates new vitality.
Since 2024, Comrade Han Xuhui's advanced deeds report group has successively held report meetings in the Shanxi Provincial High People's Court and the middle and grassroots courts in Shanxi.
On February 28, 2024, the Shanxi Provincial High People's Court held a report meeting on the advanced deeds of Comrade Han Xuhui, an advanced individual in the national courts
"Listening to Comrade Han Xuhui's advanced deeds, I and everyone are deeply moved, deeply educated, deeply encouraged and inspired. Comrade Han Xuhui is rooted in the grassroots, the judiciary is for the people, with perseverance to practice the original intention, with life to take on the mission, the provincial court cadres and police to see the wisdom of the wise, create excellence and strive for the first, hard work, courage and perseverance. Feng Jun, Secretary of the Party Group and President of the Shanxi Provincial High People's Court, said.
The majority of court officers and police officers also expressed that they should fully study the "CIFI Work Method" and Han Xuhui's spiritual demeanor, work hard and steadfastly, and better serve the overall situation and the people's justice.
The great era calls for a great spirit, and the noble cause needs to be led by example. Han Xuhui has watched the fairness and justice of the law all his life, touching the warmth and coldness of the people. Although the flame of Han Xuhui's life has been extinguished, his spiritual lamp has been burning in the hearts of thousands of court officers and policemen, inspiring them not to forget their original intentions, keep their mission in mind, be loyal and responsible, move forward bravely, and strive for life on the road of justice for the people.
Cover and table of contents of this issue
China Trial, Issue 13, 2024
China Trial News Semi-monthly · No. 347
Editor/Min Sun