Editor's note
Things that benefit the people will be prosperous. If I'm complaining, I'm thinking about it. The vast majority of the cases handled by the people's courts are "small cases" that seem to be very ordinary. The People's Court News Media Headquarters has launched a special "If I am suing" financial media column. This column starts with small incisions in small cases, and by recording the judges' handling of cases, it reflects the judges' attention to the subtle details of ascertaining the facts, the subtle words and meanings of explaining the law and reasoning, and the "integration of love and law" in the handling of "small cases", showing the feelings of the judiciary for the people. Stay tuned.
"Whose family is doing this funeral?"
"Why do you have a funeral on the sidewalk......"
In the early morning of December 30, 2023, Wang's (pseudonym) father died. The incident happened suddenly, in order to facilitate the condolences of relatives and friends, Wang hired a funeral company to hold a funeral, and chose the location at the door of the unit of his home and occupied the sidewalk.
It is the New Year's Day holiday, and occupying the sidewalk for funerals will inevitably affect the normal operation of adjacent restaurants. Many guests have cancelled their dinner reservations one after another due to taboo white things. Seeing the decline in turnover, the owner of the restaurant Chen (pseudonym) first contacted the property and the community to communicate, and then called the citizen hotline to report.
In the second half of the funeral, although the tents were removed, the wreaths were removed, and the arches were removed, the business loss that the restaurateur was most concerned about remained unresolved. So Boss Chen asked Wang to compensate the restaurant for the business loss of 60,000 yuan during the New Year's Day holiday, but Wang said that he was only willing to compensate 5,000 yuan.
The two sides failed to negotiate, and Wang said angrily: "If it doesn't work, you can sue it!" ”
The contradictions intensified for a while. Boss Chen sued Wang and the funeral company to the Chengzhong District People's Court of Xining City, Qinghai Province on the grounds that Wang and the funeral company had built a temporary mourning hall on the sidewalk adjacent to the restaurant without the approval of the relevant departments, which seriously affected the operation of the restaurant and caused business losses during the festival, demanding compensation of 30,000 yuan for the restaurant's operating losses.
The judge inspected the scene and investigated the focus of the conflict
The photo shows the judge and community workers participating in mediation. In order not to affect the operation of the merchants, the court officers and police deliberately wore civilian clothes during mediation.
After carefully reading the case file, Judge Song Xinyan of the People's Court of the Chengzhong District Court learned that the conflict in this case was between traditional customs and the right to operate merchants, so she decided to go to the scene to conduct an inquest.
When she came to the door of the unit, Song Xinyan found that the main entrance of the restaurant was open on the right side of the unit door, and the door head was across the unit door, and the residents of the restaurant and the unit building were veritable "neighbors".
Because Wang was not at home, Song Xinyan, who wanted to organize the two parties to mediate on the spot, first learned more about the situation with Boss Chen.
If the scale of the funeral is controlled on the open space opposite the entrance of the unit, the impact on the restaurants adjacent to the entrance of the unit will be relatively small. The area occupied by Wang's mourning hall for his father is not only an open space, but also extends to the entrance of the unit, occupying this section of the sidewalk, which affects the business of the restaurant during the New Year's Day holiday to a certain extent.
Boss Chen also told Judge Song about the previous two families: "Wang's old mother used to go to the store to sit and chat, and when the old man was tired, she would rest at our place and go upstairs ......" It can be heard that the relationship between the two families was good.
Song Xinyan felt that the relationship between the two parties was harmonious before, and the case had a basis for mediation. After some contact with her, both parties expressed their willingness to mediate and made an appointment for mediation.
Back in court, Song Xinyan combined the on-site photos submitted by both parties to have a further understanding of the layout of the entire funeral, the origin of the matter, and also made a preliminary judgment on the disputed points of the case.
It is normal for Wang to organize a funeral for his father, but the sidewalk at the entrance of the unit building is not the only place to hold a funeral.
The business statements submitted by Boss Chen to the court from 2020 to January 2024 show that the daily operating income of the store in the same period on New Year's Day in recent years is between 8,000 yuan and 27,000 yuan, and the highest operating income on New Year's Day in 2024 is 6,000 yuan. Although the business report was issued unilaterally by the restaurant, according to the on-site photos submitted by both parties, it is also true that the mourning hall is facing the restaurant.
The judge organizes mediation, and both sides express their voices
After both parties calmed down for a period of time, Song Xinyan went to the scene for mediation for the second time.
Boss Chen said that Wang did not communicate with the restaurant about the location of the mourning hall in advance, and the funeral lasted for a long time, and it was the New Year's Day holiday, which caused the restaurant's operating income to shrink significantly, and the funeral at the entrance of the restaurant constituted infringement.
"Lao Wang has already moved a tent, but the mourning hall is still facing this window in the store, even in broad daylight, we can only close the curtains for business. Lao Wang set up so many tents and such a big arch, and there was constant mourning and crying all day long, which also affected the business too much. Although this matter is human nature, I understand Lao Wang, but who understands me......" Boss Chen said helplessly.
Wang said that the death of his relatives happened suddenly, and he could not communicate directly with the restaurant in the early morning. Moreover, the unit door of the building where he lives is not opened inside the community, but directly opened on the sidewalk, so it is helpless to operate the funeral on the sidewalk at the door of the unit. Wang also mentioned that he had previously adjusted the location of some tents and did not set them up at the main entrance of the restaurant, and the mourning hall had been erected at that time, which was inconvenient to move.
Wang believes that the loss of relatives is already very sad, and it is very exhausting that various things need to be dealt with in a timely manner, and the restaurant is still constantly reporting the situation to the relevant departments at this time, which is inevitably a little unkind. Moreover, according to the requirements of the urban management department, the town government and the community, the arch was dismantled in a timely manner, and on the afternoon of January 3, the tent was dismantled, the wreath was removed, and the site was completely cleaned up.
On the one hand, there is a reputation for favors, and on the other hand, there are rules and regulations
After the parties on both sides fully expressed the crux of their hearts, Song Xinyan and the community staff patiently persuaded and counseled them from various aspects of law, reason, and reason.
The key to whether Wang constitutes infringement lies in whether there is a causal relationship between the funeral and the decline in the restaurant's operating income and the extent of the influence.
Song Xinyan explained the law to Boss Chen:
"Operating income may be affected by many factors such as environment, location, service, publicity, taste, word of mouth, etc., and the business statement submitted by the restaurant can only be used as a reference for operating losses.
"To do business is to do word-of-mouth, and we should also give a certain understanding of the suffering of our neighbors. During the funeral, Wang had minimized the impact on the surrounding area as much as possible, and did not completely unallow the restaurant to open. Furthermore, you did not submit any other evidence to prove the loss of business, such as a record of table withdrawals.
"Moreover, Wang's father's hospitalization cost a lot, and the amount of compensation claimed by the restaurant is beyond Wang's tolerance."
After listening to the judge's words, Boss Chen reduced the original 30,000 yuan to 15,000 yuan.
In the face of Wang's previous insistence that "he is not at fault", Song Xinyan took out the "Funeral Management Regulations" and told him in detail:
"There is still a change in thinking, and it is your right to hold funerals for your deceased loved ones, and no one prevents you from exercising this right normally; But the location of the funeral was not well chosen. The state has regulations on funeral treatment. You see, Article 14 of the "Regulations" reads: 'Funeral activities shall not obstruct public order, endanger public safety, or infringe upon the legitimate rights and interests of others.'" Your setting up a mourning hall and holding a ceremony will inevitably affect the normal operation of the restaurant.
"The sidewalk at the entrance of the unit is normally not allowed to be occupied by individuals, but it was stopped at that time, and the law enforcement department did not force the demolition and relocation of the funeral location out of respect for the funeral customs......
"The occupation of the sidewalk for the funeral, which coincided with the New Year's Day holiday, and the funeral lasted for 5 days, which was beyond the necessity of the neighbors. It makes sense to partially compensate for the loss of the restaurant's operation. ”
Only then did Wang realize the problem: there are norms for funeral treatment, and funerals should not be done on the sidewalk.
"As for the difference in the amount of compensation between the two sides, we might as well empathize and make a step forward." In the end, the amount of compensation was determined with reference to the basic operating losses of the restaurant during the funeral. The two sides finally reached an agreement: Wang and his family agreed to compensate a restaurant for operating losses of 9,000 yuan.
The next day, Song Xinyan and the community staff sat together again. After counting the compensation in person, Boss Chen issued a receipt to Wang, stating that the two parties had no other disputes over the case, and immediately withdrew the lawsuit and submitted an application for withdrawal to the court.
Source: People's Court News Media Headquarters
Reporter: Yang Shupei丨Correspondent: Song Xinyan Luo Chujiang
Image source: Zongzhai People's Court of Chengzhong District People's Court, Xining City, Qinghai Province
Editor: Yang Shupei