Recently, the Haidian court held a lecture on the theme of "I do practical things for the masses" and a lecture on advanced and typical deeds. Wang Xiaodan, a cadre and police officer of the First Civil Trial Division, told the story of the Haidian Court's Fifth Civil Trial Division (Intellectual Property Trial Division), the First Civil Trial Division, the Second Civil Trial Division (Labor Dispute Trial Division), the Administrative Trial Division, and the Trial Management Office (Research Office) exercising fairness and justice in the name of the people in the practical activity of "I Do Practical Things for the Masses".
Let's follow the preacher Wang Xiaodan and listen to the story she said.
In April 2017, a drama caught fire. It is In the Name of the People. In front of the TELEVISION, I was attracted by the people in uniform who made a pledge of "loyalty to the country and loyalty to the people" in front of the national emblem. A few months later, I also walked into this solemn court building and experienced first-hand all aspects of the court cadres and policemen doing practical things for the masses. I think "In the Name of the People" is actually played all around me, and it is still live.
Build "seven platforms" to help the construction of "two districts"
When it comes to the term "circuit trial", I think everyone is familiar with it. What comes to mind is possible – "horseback court", "field court", "sea court".
You may not know that in bustling Zhongguancun, circuit trials also exist.
This is a circuit trial activity conducted by the Haidian court on April 22 this year to the Beijing Intellectual Property Protection Center. The presiding judge is none other than Shao Mingyan, president of our hospital. The case involved the infringement of trademark rights by the anchor selling goods on the live broadcasting platform. Today, when the anchor has become a trend of fire, the trial and adjudication of the case will certainly give timely guidance to the relevant disputed issues.
In addition, the Fifth Civil Trial Division has also carried forward the fine work style of close ties with the masses and responded to the judicial protection needs of market entities by carrying out research and publicity, theoretical discussions, and holding press conferences.
At the symposium on "Entering The Science and Technology Innovation Enterprise" jointly held by the Haidian Court and the Beijing Municipal Intellectual Property Protection Center, Shao Mingyan, Secretary of the Party Group and President of the Hospital, proposed that the Haidian Court will be committed to building "seven platforms". Strengthen the judicial efforts to protect intellectual property rights, and the fifth civil trial court has been on the road.
Litigation source governance understands disputes, and the joint action of the institute promotes harmony
The one wearing the white shirt in the middle of the photo below is Judge Wang Xi of the First Civil Trial Division. There are also two civilian policemen.
Obviously, this is a scene of great joy for everyone.
It turned out that for more than a decade, Mr. Meng and his neighbors had been arguing over the ownership and use of the water house. Until last year, there was a complete outbreak, and even the fierce behavior of smashing the door lock occurred. In order to resolve this dispute faster and better, the Haidian police station issued a "joint mediation" litigation source governance need to the Haidian court. After analyzing the nature of the dispute, Judge Wang Xi, who has 28 years of experience in civil trials, was selected to support the resolution of the dispute. Although the "flames" of this dispute have not yet been "ignited" to the court, and all Judge Wang Xi can do is pre-litigation mediation, he has worked harder than trying a case. This community, he went a total of four times. The first time is to complete the docking with the relevant personnel of the police station and formulate a joint investigation plan. The second time was to talk to the plaintiff, the third time was to talk to the defendant, from objective facts to legal relations, from the current evidence to the basic demands, every time I went out, it was nearly nine o'clock. The fourth time, it was from the afternoon to the early morning. In the end, the two sides finally signed a settlement agreement. To this end, Mr. Meng also sent a special Weibo, and it is not difficult to see that Judge Wang Xi's actual matter has really reached his heart.
In addition to establishing a police-law interconnection work mechanism with the police station, the First Civil Trial Division has continuously implemented the reform measures of separating complicated and simple cases, actively carried out mediation work; attached importance to the work of receiving petitions and lawsuits, arranged special personnel to supervise and urge, and formed an effective working mechanism for handling cases on the same day; actively cooperated with the teaching of judicial trial practice courses; attached importance to epidemic-related cases, and did a good job in promoting the collation and summary of cases.
Labor disputes are no small matter, and the heart is for the people's livelihood
Around us, there must be such relatives and friends: they have encountered problems including but not limited to the company's failure to pay social security, wage arrears, and dismissal at will, and they have a headache.
The Second Civil Trial Division (Labor Dispute Trial Division) of Haidian Court was specially set up to solve these people's livelihood problems, and there are many examples of doing practical things for the masses. Judge Wang Yan received such a thank-you note. "After all these years of facing the hardships of life alone, the child is still young, if he is willing in the future, I would like to suggest that he study law and become a judge, because perhaps it is the result of the decision of this very small case that can change the circumstances of the person's life." 」 The person was a single mother who unfortunately had cancer. The company dismissed her on the grounds of absenteeism, and she believed that the company had terminated the employment relationship illegally. Both parties were dissatisfied with the results of the labor arbitration award and sued the court. In the face of a large number of surveillance video evidence, Judge Wang Yan stripped away the cocoon and carried out several rounds of mediation work on the basis of the determination of facts, encouraging employers to have the courage to assume social responsibility, and workers to fully understand the difficulties of employers and mutual trust and mutual understanding. In the end, the two sides reached an agreement.
In the Second Civil Trial Division (Labor Dispute Tribunal), there is also a "green channel" opened for migrant workers. Conduct "priority mediation and priority trial" for cases of people's livelihood that seriously affect the basic livelihood of migrant workers and have urgent demands, such as the recovery of wages and remuneration, medical expenses, and compensation for work injuries. Affected by the epidemic, labor disputes and disputes are frequent, and the Second Civil Trial Division (Labor Dispute Trial Division) has also carried out legal interpretation by holding exchange and seminar activities, writing external propaganda drafts, and sending judicial suggestions.
Extend the function of accurately popularizing the law to help the construction of the rule of law in Haidian
Administrative litigation, commonly known as "civil sue". In such cases, the mood of the masses is usually more agitated, and the contradictions are prominent. In order to more properly resolve disputes and maintain social stability, the administrative tribunal should not only include explanations of law interpretation in the trial process, but more importantly, extend its work beyond trial.
In order to effectively resolve community disputes, the administrative trial court sinks the community to carry out the work of "litigation source governance", accurately popularize the law, and resolve disputes at the front end of the litigation. Implement the working mechanism of "whistle blowing in the streets and townships, and reporting by departments", establish liaison mechanisms with grass-roots governments and their various work departments, and work together to promote pre-litigation and in-litigation resolution of administrative disputes. Every year, a white paper on administrative adjudication is issued at the district government office meeting to analyze the litigation situation of the district administrative organs in the past year and the prominent problems of response and defeat, and put forward targeted suggestions. Provide strong judicial safeguards for district administrative organs to raise the level of administration according to law, reduce the risk of litigation, and reduce administrative disputes.
Danling Forum interprets the code and accurately coordinates trial management
On January 1, 2021, the Civil Code came into force. This is not just a big deal in the legal profession. Don't be surprised if you see a civil code in your hand at trial, this is the charm of the "encyclopedia of social life". As for the publicity and interpretation of the Civil Code, the Trial and Research Office of the Haidian Court has been launched in 2020. Relying on the WeChat public account "Danling Forum" and the expert advisory committee, 7 legal experts from Tsinghua University and Renmin University were invited to carry out special lectures on the Civil Code, and the lecture content was released in full in the "Danling Forum", through direct dialogue between scholars and judges, extensive participation offline and online, and made every effort to publicize and popularize the Civil Code.
In order to further enhance the people's understanding, trust, and supervision of the court's work, the Trial and Research Office actively and comprehensively promotes the whole court to do a good job in making judgment documents and court hearings public. With the management of trial limits and the liquidation of long-term unfinished cases as the starting point, we will earnestly promote the resolution of the problems of the litigation masses reflecting that the case trial cycle is long and the backlog of cases is large.
"Three In-Depths"
"Three Transformations"
"Three Innovations"
This is our hospital's "three three three"
The main line of my work mechanism of doing practical things for the masses
Regardless of whether the dispute comes to the court or not, once there are signs of contradiction, then as long as it is beneficial to the masses, we must do it.
It's not that complicated. In a word, in the name of the people, exercise fairness and justice.