Screenshot of Turson Musha's circle of friends
At about 1 a.m. on September 9, the reporter's circle of friends jumped out of such a message from Tursun Musha, a judge of the executive bureau of the Urumqi New District Court.
The next day, the reporter dialed Judge Tursun's phone, and thus introduced a series of stories of "turning the relationship between the applicant and the executed person under his mediation" and the executed person who applied for execution.
In patience, the "broken mirror" is reunited
The couple mentioned by Tursun, who were to be remarried, registered their marriage in June 2014 and had a daughter after marriage, a preschooler. Because the two parties often quarrel over family trivia, the couple's relationship is broken.
On April 9, 2019, the woman A filed for divorce. After mediation by the court, the parties agree to dissolve the marriage relationship and reach an agreement on the division of property, and the court makes a civil mediation statement. In the agreement, the daughter was raised by the plaintiff, and the defendant, Ren, paid a monthly maintenance of 1500 yuan until he reached the age of 18. Because Re did not perform his obligations according to the agreement, A applied to the court for compulsory enforcement. The new municipal court filed the case for enforcement in accordance with the law on September 5, 2021. The enforcement judge made an inquiry into the property under the name of the person subject to enforcement, and on the afternoon of September 9, 2021, the parties came to the court to talk, and the person subject to enforcement paid 18,000 yuan in alimony to the applicant on the spot.
Judge Tursun found that the feelings of the two people were not completely broken, they still had feelings for each other, and the quarrel was just talking angrily, so he decided to persuade him to make peace. After 3 hours of ideological work, the two people were willing to remarry and decided to go through the remarriage procedures the next day.
Reconcile a good couple
When he saw the two men preparing to leave, Judge Tursun was overjoyed, and immediately stopped the two and made sure to invite them to a hot pot and share their happiness.
Under strong persuasion, no longer turn against each other
At about 20:00 on June 20, 2020, A brought two sheep's heads and a 5-liter plastic barrel of bulk liquor to Friend B's house to have dinner and drink with B and his other two friends, C and D. In the meantime, C has been drinking one brand of liquor, and the other three have drunk the loose liquor that A brought with them. At about 22:30, the 4 people dispersed. A fell at the corner of the stairs when he went downstairs, causing blood on his face, mouth, and teeth, B, C, and D came one after another, and the three of them carried A to B's room, and C helped A wipe the blood on his face and go home. After 23:00, B called A's wife to inform her that A was asleep and had her listen to A's purring. After that, B went upstairs to rest, and D left to go home. At about 7:23 a.m. the next day, B went downstairs to visit A, found that A was dead, immediately dialed 120 and called the police.
A's father, wife and two minor children brought B, C, and D to court. After trial, the court ruled in accordance with the law that A had a certain fault in the accident. There is a causal relationship between the three defendants and A's death, and each should bear 10% of the liability within the scope of 30% liability. The three defendants were ordered to compensate the plaintiff for funeral expenses and death compensation of more than 120,000 yuan (including 10,000 yuan for psychological damage).
After the judgment takes effect, if the person subject to enforcement fails to perform the obligations specified in the effective legal document, the person applying for enforcement applies to the court for compulsory enforcement.
On August 11, 2021, Judge Tursun took over the case. During the execution, the biggest problem he faced was that the plaintiff believed that the defendant had caused the death of her husband; the defendant believed that A had come to the house to drink by himself, and that the death had nothing to do with them.
"I patiently interpret the relevant laws of the General Principles of Civil Law for both sides and give them the benefits of analyzing and coordinating the settlement." Sometimes righteous words, sometimes bitter words..."
Carefully observe the psychological changes of the parties, be good at capturing opportunities that can be alleviated, and be reasonable, but also explain the law. When it should be hard, it is harder than iron, and when it is soft, it is softer than cotton, which is the golden rule of mediation that Judge Tursun gave himself.
After more than 3 hours of conversation, this hard truth once again helped Judge Tursun to mediate successfully. The executor received the forgiveness of the applicant for enforcement and reached a settlement agreement on August 15 to settle in installments by December 30.
Tursun in mediation
It is not only these two successful mediation cases, but now, the happiness brought by the successful mediation has made Judge Tursun 'addicted" to mediation, and all the cases in his hands, as long as they meet the conditions for mediation, he will try to create conditions to promote the success of mediation. He said: "The process of mediation is far more complicated than the implementation, but if the mediation is successful, the result is far better than the simple execution, and when it is executed, the contradiction between the two sides may still be there. ”