Source: Tianjin Political Science and Law
Reporter: Fan Wenlan
Correspondent: Wu Yuping transferred from: Tianjin Gaofa
The new era opens a new journey, and the new journey calls for new responsibilities and new deeds. There are a number of such cadres and policemen in the Tianjin court, who are conscientious and conscientious in their work, who take the initiative and have the courage to take responsibility, keep the mission firmly in mind, carry the responsibility on their shoulders, and strive to create new achievements in politics and law in the new era.
Today we will share
Senior Judge of the Fourth Grade of the Civil First Division of the Tianjin Higher People's Court
Fang Zhe's story
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With the wind and rain, the moisturizer is silent, and she uses wisdom and tenderness to resolve the sword tension again and again. Impartial and strict, law enforcement is like a mountain, she let the law always stand on the side of truth. Fang Zhe is a senior judge of the fourth level of the Civil First Division of the Tianjin Higher People's Court. At the age of 43, she is full of enthusiasm for the people and the selfless protector of the law, interpreting the glorious image of female judges in the new era.
20 years ago, driven by ideals, Fang Zhe stepped into the position of judge. In the past 20 years, she has not forgotten her original intention, and has gone through the three levels of courts of the district court, the intermediate court and the high court, and conscientiously performed the duties that a judge should perform.
As a judge who has been engaged in civil trial work for a long time, Fang Zhe said: "We must let the parties enter the court with a sense of trust, a sense of intimacy in receiving services, and a sense of justice in participating in litigation. ”
In 2014, Fang Zhe was appointed as the acting chief judge, and in the past two years, a total of 175 cases have been concluded, more than 300 cases have been heard in the collegial panel, and more than 200 visits have been received. For several consecutive years, the number of cases concluded and the number of cases transferred and withdrawn ranked among the best in the whole court. Fang Zhe has long been responsible for the drafting of the main points of the city's civil trial work and the materials of the city's civil trial work conference, participated in the formulation of the implementation opinions of the city's courts on serving and protecting people's livelihood in civil trial work at the end of last year, and has been deeply familiar with the work requirements of higher-level organs and the Supreme Court for the people, and has been practicing.
In the trial of cases, Fang Zhe pays attention to actively investigating and verifying the evidence in the case, strives to explore and grasp the objective facts of the case, and pays attention to balancing the relationship between the rights and obligations between the parties in the adjudication of cases, and returns the case to its original appearance, so that the parties can win with dignity and integrity, and lose convincingly. Because of this, Fang Zhe has been awarded the honorary titles of "Excellent People's Mediator of Tianjin Municipality" and "Political and Legal Cadre and PoliceMan Satisfied by the People of Tianjin Municipal Law System", twice rated as "Tianjin Court System Case Handling Pacesetter", and Rongli Personal Second Class Meritorious Service 1 time and Third Class Meritorious Service 1 time.
"The quality of adjudication is the principle of the people's courts' lifeline, adhere to the principle of evidence adjudication, proceed strictly from the facts, handle affairs in accordance with the law, pass the factual evidence, apply the law, and pass the trial procedures of good cases, and strive to make every case a model for fair trial and an 'iron case' that can withstand the test of history." Fang Zhe said.
In 2017, Fang Zhe served as the chief judge and undertook a construction contract dispute case of a construction project of a construction group, involving the project of mass housing and demolition, because the house was not delivered within the time limit, dozens of demolished households could not be resettled, resulting in many petitions.
At this time, the construction unit sued a construction group in court, demanding that the construction contract should not be performed after the settlement of the progress payment. After understanding the situation, Fang Zhe went to the scene with the plaintiff, the defendant and the appraisal party five times in the summer, recorded the measurement notes, and determined the unfinished project nodes. Through careful investigation and meticulous coordination, Fang Zhe did not make a judgment, but formulated a mediation plan for the defendant to pay part of the project money and the plaintiff to enter the site in time to resume work, ensuring that the demolished households would move in at that time, effectively resolving the petitions of the masses, and maintaining social harmony and stability.
At the beginning of 2018, Fang Zhe was sent to the Hexi District People's Court for temporary training and appointed as the vice president of the Fourth Civil Division, mainly responsible for family trials and juvenile trials. The civil trial task is arduous, the cases involved are closely related to the lives of the people, even the most fair judgment, it is difficult to convince the parties, to obtain the full understanding of the parties, and even the length of time there are emergencies accompanying the trial of the case. Fang Zhe puts the interests of the people first, takes the benefit of judgment as the criterion, takes the initiative to take action, and is often able to resolve contradictions at the end of the day.
Just after arriving at the Hexi court, Fang Zhe received a case of alimony, the case itself is not complicated, the mother Xiao Li asked the father Xiao Wang for many years of maintenance on behalf of the child. But after in-depth understanding, Fang Zhe found that the case was not as simple as it seemed.
Xiao Li is a person with limited ability to act, and his mental state is good and bad, and the child's grandmother has been helping Xiao Li take care of the child and deal with various litigation matters. Xiao Li and Xiao Wang are also engaged in a divorce lawsuit in the court at the same time, Xiao Wang as a plaintiff has been sued many times, the willingness to divorce is very strong, but Xiao Li is resolutely unwilling to divorce, she just hopes to prove that Xiao Wang still has feelings for this family by asking for maintenance. Because the divorce case did not go well, Xiao Wang withdrew from the court and returned to other places in the case, refusing to communicate with the court.
Xiao Wang's attitude angered Xiao Li and her mother, and further affected Xiao Li's physical and mental condition, she became more sensitive and irritable, and repeatedly blocked the door during the court break to ask for communication with Fang Zhe. But each time Fang Zhe patiently took her to the courtroom, sat down on her knees, poured her a cup of hot water, and listened to her repeat over and over again the emotional entanglement between her and Xiao Wang over and over again. The decoration of the courtroom is solemn, but Fang Zhe's focused eyes and soft tone make the courtroom particularly warm.
Fang Zhe's attitude made Xiao Li gradually let go of his heart knot and vent the grievances and resentments in his heart over the years. At the same time, Xiao Li and his mother submitted an application for investigation to the court, requesting to go to Xiao Wang's new unit to retrieve his income certificate. However, Fang Zhe learned that Xiao Li had sued for alimony cases many times before, and each time he had caused trouble with the man's unit, and there were many applications for compulsory enforcement, and Xiao Wang had repeatedly changed jobs in order to avoid Xiao Li's family. The current unit has only been working for a few months, and if the court now launches another investigation, it will inevitably have a negative impact on Xiao Wang's work. So on the one hand, Fang Zhe got in touch with the leaders of Xiao Wang's original unit to understand Xiao Wang's past litigation involvement, and on the other hand, he persistently called Xiao Wang, and finally got in touch with Xiao Wang again.
Perhaps seeing the efforts of the judge, or feeling that the man's salary level is not high when he arrives at the new unit, the child's grandmother expressed the idea of withdrawing the lawsuit in the communication with the judge, but Fang Zhe did not support this decision, the withdrawal of the lawsuit is very simple for the court, but for the parties it means that another opportunity to solve the problem has been lost. After various efforts in the early stages, Fang Zhe saw the hope of mediation between the two sides, and she believed that they would eventually reach a mediation opinion and properly resolve the conflict.
In the end, Xiao Wang and Xiao Li sat together and reached a mediation opinion, Xiao Li got the child support that the child deserved, and Xiao Wang also expressed his willingness to treat the divorce case more rationally and properly solve the problem between the two.
As the saying goes: It is difficult for a clean official to break the family affairs. Most family cases do not have complicated legal relationships, and the subject matter involved is not large, but the judges do not handle it easily, just as the so-called adjudication is easy, it is not easy, and it is more difficult. If the judge is only a paper judgment, sometimes there is no solution to the problem.
Fang Zhe believes that as a family judge, he should be good at discovering the "emotional" entanglements hidden behind him, not only pay attention to the conclusion of the trial within the trial limit, judge the case, ignore the grievances and hatred that may be hidden behind the family dispute, and simply cut it off, which may cause a series of social problems. Therefore, increase the intensity of mediation, before, during, after the trial, do not let go of any stage of the trial process of mediation, from the root to help the parties to sort out the emotions, solve the problem, the matter is the ultimate meaning of family trial.
"On the stage of life, we play a different role every day. In court, I am a judge; at home, I am a woman, a wife, a mother. What changes is the role, and what does not change is my belief and pursuit of the rule of law. This is Fang Zhe's summary of her life, and from her eyes we can feel that persistence and perseverance. It is this persistence and perseverance that allows this "all-rounder" who dares to take responsibility to move forward in the process of rule of law.