Walking into the hall of the Litigation Service Center of the People's Court of Xiangyin County, Hunan Province, you will find that there are many measures for the sake of women and children here - the green window where women give priority to affairs, the mother and baby room; Handling the formalities for the reduction and exemption of litigation fees for women in difficulty; When handling habeas corpus orders, there must be a case and a lawsuit must be justified... These are just a microcosm of the Xiangyin County Court's protection of the legitimate rights and interests of women and children.
In the past three years, the hospital has handled more than 900 cases of various types of women's and children's rights protection, issued 25 personal safety protection orders, visited more than 300 homes for education, and provided 180 judicial assistance to women and children with special economic difficulties, with a rescue fund of 1.15 million yuan. The hospital won the title of "National Advanced Collective for Safeguarding the Rights and Interests of Women and Children".
Four children sign a "buyout agreement for the support of the mother"
"When we signed the agreement, the mother would be supported by the fourth elder alone, and it had nothing to do with us."
"How can 20,000 yuan buy out the maintenance obligation!"
"Then we can't do it, the original agreement was written clearly, after each of us paid 20,000 yuan, we no longer fulfilled any obligations and no longer assumed all responsibilities."
Watching her four children argue endlessly in court, the 80-year-old Li Xiangxiu (pseudonym) shed tears.
This is a scene at the scene of the trial of a maintenance case that Zhong Ling, president of the Xinquan People's Court of the Xiangyin County People's Court, once tried.
Zhong Ling is a provincial-level pacesetter in handling cases, and was recommended to participate in the "National Court Case Handling Pacesetter" in August this year.
Zhong Ling (center) mediates in the village
Recalling the scene at that time, Zhong Ling introduced that the 80-year-old Grandma Li had worked hard to pull her four children up, and after the death of her wife, she was also old and weak. Her four children signed a "family final agreement", which mentioned: regarding the mother's maintenance (daily life care, illness treatment and nursing, funeral care, burial, etc.), signed a family final agreement, the eldest, the second and third elders each paid a lump sum of 20,000 yuan to the fourth elder, and the future mother's support will be borne by the fourth elder, and the other three will no longer fulfill any obligations and will no longer assume all responsibilities. The four parties also agreed that this agreement has legal effect and will never be reversed.
The day after the agreement was signed, the fourth received the agreed 60,000 yuan and took his mother to his home to take care of. Less than a month later, due to his mother's illness and other reasons, the fourth elder sent his mother to the elderly apartment. But Li Xiangxiu lived in the elderly apartment for three or four months, and for various reasons strongly demanded to go home, and her four children took turns to take care of her. However, the four children shirked for various reasons, and Li Xiangxiu had to sue the court to defend her rights.
The four children argued fiercely in court, and Zhong Ling did not pronounce the verdict in court. Who knows, after the adjournment, Li Xiangxiu, who was pushed to the courtroom in a wheelchair, did not want to leave, and none of her four children came forward to take care of her.
"The focus of this case is whether the agreement is valid or not." Zhong Ling told reporters that she carefully reviewed the relevant legal provisions such as the Law on the Protection of the Rights and Interests of the Elderly and the Marriage Law, and finally confirmed that "the legal obligations cannot be cancelled because of the agreement." The maintenance relationship belongs to the unilateral right subject, and the right subject can exercise the right of revocation at any time for the agreement signed on the maintenance issue. ”
In the end, the court ruled that the "family final agreement" made the plaintiff's statutory rights unfulfilled and should be revoked. According to the relevant laws, the four children were ordered to take turns to take care of the plaintiff Li Xiangxiu's residence for three months.
"After our return visit, after the verdict was rendered, Grandma Li's four children all obeyed the verdict and took turns to take care of their mothers in the order determined in the verdict." Zhong Ling said.
Because of his father's dream, he suddenly hit the female neighbor
On August 31, Huang Siqin, president of the Chengxi People's Court of the Xiangyin County Court, received a pennant. The flag bearer is the daughter of Yao Lanying (pseudonym), a female villager in a village in Xiangyin County.
It turned out that during this year's Qingming Festival, Yao Lanying, who was more than 60 years old, went to visit the grave, and when she passed in front of the original neighbor's house, she was suddenly beaten by Li Zhong (pseudonym), who was 60 years old. Because Li Zhong refused to apologize or compensate, Yao Lanying sued him in court.
In court, Li Zhong revealed the reason for the beating: his father entrusted the dream and asked him to avenge Yao Lanying. It turned out that the Yao and Li families were originally neighbors and had many conflicts.
"The trial was held until 6 p.m. that day, but the man just didn't want to lose money." Huang Siqin recalled that later, through mediation, the man agreed to lose money, but suddenly changed his mind.
"I could have directly sentenced the man to lose money in court, but doing so would only provoke contradictions and even cause their children and grandchildren to feel estranged." Huang Siqin said that she found a well-known person in the village, and then found the children of both sides to persuade, and finally the mediation was successful. The man's daughter compensated the woman with 33,000 yuan in cash on the spot and apologized for her father.
Using WeChat to lock in evidence, she successfully divorced after more than 10 years of separation
On August 30, after seeing the verdict granting the divorce, Zhang Lin (pseudonym) finally breathed a sigh of relief. She was finally freed from a marriage of more than 10 years in name only.
In 1987, Zhang Lin and Chen Xiaoming (pseudonym) held a wedding according to rural customs and gave birth to a pair of children. Due to the lack of understanding before marriage, the two parties often quarreled over trivial matters after marriage, and have been separated since 2005. During the separation, the two did not have any contact, the child was brought up by grandparents, and the man did not even return home for the marriage of the child. However, every time a woman files for divorce, the man always verbally agrees, but never returns to go through the divorce procedures. As a result, Zhang Lin sued the Xiangyin County Court of the White Horse Temple People's Court.
"At the beginning of the communication, Chen Xiaoming still verbally agreed, but he did not return to Xiangyin to solve it, and later the phone could not be called." Yang Xuefei, president of the People's Court of the White Horse Temple, said she thought of adding Chen Xiaoming's WeChat to communicate. On May 1 this year, the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings came into effect, and common electronic evidence such as mobile phone text messages, WeChat evidence, and electronic photos can be formally used as civil evidence.
But the male clerk of the court did not get through when he added Chen Xiaoming's WeChat. "It was our female clerk addition that was successful." Yang Xuefei introduced, "We confirmed Chen Xiaoming's identity and electronic evidence of his consent to divorce through WeChat voice, video, text, and viewing the household registration book and the original ID card. ”
On August 25, the court issued a judgment: Zhang Lin and Chen Xiaoming were allowed to divorce according to law; The case acceptance fee shall be borne by Zhang Lin and halved.
The "moot court" opens up a new model for children to popularize the law
"I declare that the trial will now begin!" On August 27, a mock trial began as Shao Hongrui, a seventh-grade freshman at Wenxing School in Xiangyin County, dressed in a judge's robe, sounded the gavel.
This is the scene of the court open day activity jointly organized by the Xiangyin County People's Court and the County Women's Federation with the theme of "Guarding Childhood, Holding Hands and Growing Together - Summer Children's Popularization of law".
"Moot Court"
The case selected by the "moot court" is a criminal case of juvenile sexual abuse, with the trial procedure as a reference, and the students play the roles of chief judge, defendant, defender and people's judge respectively, simulating the trial process such as court investigation, court debate, court education, and court judgment announcement.
"The moot court is lively and interesting, and I feel the majesty of the law." Shao Hongrui said. On that day, more than 30 students and parents felt a "sitcom" style of popularizing the law at zero distance. The legal popularization activities were loved by the children, who said that they would promote legal knowledge to their families, friends and classmates after they returned home.
In the past year, the Xiangyin County Court has also strengthened the publicity of the rule of law. The People's Court of The White Horse Temple, the Xinquan People's Court, and the Chengxi People's Court alone carried out nearly 30 propaganda activities on "sending the Law to the Campus" in the primary and secondary schools under their jurisdiction, and thousands of students listened to the lectures.
(Source: Hunan High Court WeChat public account)