An old residential area on Ningbo Road is only one road away from the bustling Pedestrian Street of East Nanjing Road. Recently, the city's first urban renewal circuit trial (mediation) workstation, the Bund Urban Renewal Circuit Trial (mediation) workstation, was established here; the court's desk was "moved" to the community, and the judges had a new identity as "alley judges".
Photo: The first urban renewal circuit trial (mediation) workstation was established. Photo by Song Ninghua (same below)
The reporter saw in an interview with the grass-roots line of shanghai judicial administrative media that in the workstation, Wang Beilei, a judge of the Civil Trial Division of the Huangpu District People's Court, and an assistant judge received a visit from residents. It is understood that in response to the transformation of the old district of "the most difficult in the world", Huangpu District has formed a "Huangpu sample" of urban renewal by bringing together judges, "people who understand the law", "leaders of the rule of law", people's congress deputies, CPPCC members and other trusted people to form a "legal group".
There's a "alley judge" in the community.
"Judge Wang, the house I live in is going to be changed from the old, is it appropriate for me to move or not to move in this situation?" At 1:50 p.m. that day, it was the second wave of residents received by Wang Beilei. The resident who came to consult said that the house he lived in was facing old renovation, but the tenant of the house and the household registration book wrote his sister's name, but the original payment was paid by himself. So far, she and her sister have not reached a consensus on expropriation compensation, so they have not moved out of the house.
"In the past, I always met with the parties in court, 'moved' the courtroom to the community, and directly received residents." She said that the old reform is a worldwide problem, with complex interest demands, high incidence of contradictions and disputes, and difficulty in handling. How to make the rule of law an "artifact" to promote the old reform? She has been thinking about this since taking on the "new identity".
Judge Wang Beilei has long been engaged in real estate trials and is very familiar with the policy of the old reform and expropriation, and she patiently calculated two "accounts" for residents on the advantages and disadvantages of moving or not moving, and thus suggested that residents, "Refusing to move out of the house will do more harm than good to you." Because the judges from the authority dissected the key legal points of the contradiction, the residents "listened" and their attitude was much calmer. The judge also communicated with the cadres of the neighborhood committee where he was located, and suggested that a mediation meeting be organized for the residents, and try to use mediation to reach an internal family consensus, which will not hurt the harmony and is conducive to the smooth progress of the old reform.
Pictured: Workstations
Legal Day Group Promotes "Old Houses Have Joy"
For residents, urban renewal means "old houses are happy", which can greatly improve the living environment and conditions, so most residents have expressed support. However, in the actual old reform and collection, there will still be a phenomenon of "jamming" often. Ding Qining, secretary of the Party Working Committee of the Bund Street in Huangpu District, said that according to incomplete statistics, nearly 90% of the residents in the plot who are reluctant to sign the contract are due to the uneven distribution of family relocation funds.
According to the statistics of the "White Paper on the Trial of Co-ed Dispute Cases from 2017 to 2020" released by the Huangpu District Court, there were only 135 co-dispute cases in the court in 2017. However, in 2020, the number of joint dispute cases received by the Huangpu District Court has surged to 1169, with a growth rate of 765.93%. In the first half of 2021, the number of co-ownership dispute cases in the Huangpu District Court has exceeded the number of co-ownership dispute cases received in the whole of last year, which is related to the acceleration of the old reform and expropriation.
How to innovate and improve the collection model, so that residents can clearly and happily sign a contract and start a happy new life? On May 8 this year, the Huangpu District Court combined with the practical activity of "I do practical things for the masses" to carry out a legal lecture and legal consultation on the division of expropriation interests at the Zhaotong Neighborhood Committee of Fuzhou Road. Unexpectedly, the judge's "appearance statement" was warmly welcomed by residents. The relevant person in charge of the court thus thought, can we establish a long-term working mechanism for the circuit trial mediation of common disputes, intervene from the source, prevent and resolve conflicts on the spot? The idea of bund street and Huangpu district court coincided, and the two sides jointly agreed to set up a circuit trial mediation workstation on bund street.
On August 19, 2021, the Bund Urban Renewal Circuit Trial (Mediation) Workstation jointly established by Bund Street and Huangpu District Court was officially opened, and the professional team of Huangpu Court provided residents with face-to-face legal advice and other professional services at the workstation every Wednesday. "Before each reception, we have to do our homework, what is the appeal of the residents who make an appointment? What is the contradiction? To study the corresponding countermeasures, residents come to give professional and feasible suggestions. Wang Beilei said that the time for judges to come to the scene is limited after all, so she often suggests that community cadres and others accompany residents to come and participate in consultation, so that community cadres can improve their legal literacy in "actual combat", and strive to resolve contradictions and disputes at the grass-roots level and solve them at the starting stage, which not only promotes the transformation of old areas, but also reduces the litigation costs of residents.
Pictured: Work system
It is understood that in the process of expropriation, the relevant departments have also set up a people's mediation working group composed of lawyers, people's mediators and volunteers to go deep into the community to participate in dispute mediation. At the same time, give play to the role of "people who understand the law" and "leaders of the rule of law" among party members and cadres in the community, as well as people's congress deputies, MEMBERS of the Chinese People's Political Consultative Conference, and other publicly trusted people, to analyze the law of reason for residents and promote the resolution of family conflicts.
In 2021, urban renewal was written into the Shanghai government work report for the first time. During the "14th Five-Year Plan" period, Shanghai will strive to achieve full coverage of "all kinds of old housing renovations built before the end of 2000, included in the scope of renovation, and meeting the conditions for renovation". On September 1 this year, the Shanghai Urban Renewal Regulations came into effect. All of this makes urban renewal a stronger "driving force".
Yang Dongsheng, deputy mayor of Huangpu District, said that Huangpu District has formed a set of system integration mechanisms and models using "government convergence, rule of law to balance rights, mediation and co-construction and harmony". Its core is to adhere to the people-centered, lead urban renewal through the rule of law government, organically combine local style protection and urban renewal, and promote overall planning, so as to better realize "the city and make life better".
Song Ninghua, chief reporter of Xinmin Evening News