Drive 94 kilometers from downtown Beijing and through the two mountain gates at the junction of Zhai Gezhuang and Qianbeigong Village in Pinggu District to reach the Dahuashan People's Court of Pinggu Court, which is adjacent to the market, covered by peach forests, and smelled of chickens and dogs. Founded in June 1979, this court is located in the northern mountainous area of Pinggu District, and has jurisdiction over Dahuashan Town, Zhenluoying Town, Xiongerzhai Town and Liujiadian Town.
According to the work arrangement, my colleagues Xiao Xu and Xiao Ge and I are ready to go to the Dahuashan court for two days to investigate. These are the first few words in the briefing given to me by the comrades of the Pinggu Court about the Dahuashan People's Court.
According to reports, the types of cases heard by the Dahuashan court are relatively concentrated, and the types of cases such as marriage and family, rural housing construction, neighborly relations, and damage compensation disputes account for 90%. The Dahuashan court attaches great importance to the use of mediation methods to resolve disputes, selectively selects cases that require on-site investigation and has typical significance to carry out circuit trials, and carries out litigation links such as service, investigation, court hearing and mediation at the scene, effectively reducing the litigation burden of the parties, especially actively participating in the governance of litigation sources, resolving social contradictions from the source, and the number of cases accepted in the court has dropped by 33.8% in the past three years.
The Tribunal has 12 staff members, including 2 post judges and 6 assistant judges, clerks and judicial police. The president of the division, whose surname is Geng, is the only male comrade among judges, assistants and clerks, and this is the sixth people's court where he works.
He said that there were two female judges in our court who had given birth, and the court had decided a few days ago to send a new vice president, also a woman. The "girl scouts" of our court have graduated from Peking University and graduated from the University of Political Science and Law, although they are all post-80s and post-90s, but they love to learn and are quite capable. Clerk Xiao Wang passed the judicial examination last year, and Xiao Zhu is also preparing for the examination!
Several judges' assistants and clerks had a slightly childish look on their faces, and they all lived farther away, such as the clerk Xiao Zhu's family in Miyun, driving back and forth for more than two hours on the way to work. Therefore, in normal times, they live in the collective dormitory. During the discussion, they said that our court was located in a remote mountainous area, and at night, there were no street lights outside, it was pitch black, and the inside of the ground was crazy. A few years ago, the electric lights in the aisle of the court office building were also dim, the male cadres and policemen were nothing, and we girls were afraid to go to the toilet at night. After President Geng came to the courtroom, he changed the aisle lights and added a security door to the girls' dormitory, so that we no longer had to worry about being afraid when we stayed alone.
Entering the courtyard of the courtroom, full of green eyes, the courtyard is planted with magnolias, red fruits, walnuts, and the whole yard is full of life. There is a small basketball court in the backyard, and in addition to a few large walnut trees, a few grapes are planted. President Geng told us that this grape was planted last year, and this year there was a shelf, and there should be grapes to eat. If the backyard can open a small vegetable garden how good, I used to work in several courts have a small vegetable field, the police grow some cucumbers and garlic or something, directly supplied to the canteen, green pollution-free, eat fragrant!
There was only one female chef in the small canteen of the courtroom, and the police officers praised her pastry skills: the baked cakes she made were crisp and fragrant, and the big guys ate them cutely!
However, the female cadres and policemen of the court also have good craftsmanship, and the first day we tasted the millet rice dumplings they personally wrapped, which were sweet and delicious.
There is a yellow cat at the entrance of the canteen, it meows when it sees people, and likes to roll in front of you, which is very cute. The atmosphere of life in this small courtyard is still quite strong.
It rained all day. In the morning, we attended a forum of cadres and policemen, where President Geng introduced the basic situation of the court and the situation of rectifying the source of litigation, and in the afternoon we went to Wulimiao Village in Luoying Town to discuss rural governance with village cadres. After returning to the courtroom, he and the cadres and policemen held a discussion on studying party history, and each cadre and policeman told a party history story and talked about their experiences. By the end of the symposium, it was already more than six o'clock in the evening, and the rain outside was even heavier...
The president of the court told the girls: The road is slippery when it rains, be careful on the road...
The next morning, he observed a pre-prosecution mediation activity and went to Yindong Village in Liujiadian Town to learn about grass-roots social governance. In the afternoon, he accompanied the court personnel to the brick kiln Lei Feng Village circuit trial.
...... Judge's assistant Xiao Zhang and clerk Xiao Zhu sharply took out the circuit court back plate and bracket from the trunk of the car, and everyone supported the back plate in three strokes and five divisions.
"This table is a little long here, you have to take one out, and the tables on both sides of the original defendant's seat are a little further out..."
Under the methodical command of the old presiding judge, the circuit court was quickly arranged in the conference room of the village committee.
Today the Circuit Court is hearing a case that excludes obstruction. Judge Geng shall serve as the judge and shall be the sole judge. Clerk Xiao Zhu is responsible for the trial records.
The plaintiff and its agents ad litem had already arrived. The plaintiff and the defendant were north-south neighbors, and there was a small aisle between the two yards. The plaintiff argued that the house built by the defendant on the homestead was higher than his own home, and the open window was facing his own home, and whether there was anyone in his home and any guests came, the defendant could see clearly, and the defendant expanded the house on the homestead, causing the passage between the two rooms to be too narrow, affecting the normal access of the plaintiff driving an agricultural vehicle.
There were about a dozen villagers observing, and everyone was seated, but the defendant had not yet appeared in court.
"Give the defendant a call, urge, why hasn't he arrived yet?" President Geng said to Xiao Zhang, the assistant judge.
After a while, the defendant came with two men, a woman, and three people, and the three people were about to sit on the auditorium, when the judge asked, "Who are you the defendants and agents, sit in the defendant's seat!" ”
The defendant who appeared in court to answer the lawsuit was a female comrade in her thirties, with a serious look and a word. The agent was a middle-aged man, and the judge recognized him and said, "Old Liu, are you representing this case?" How is it late? ”
Old Liu was a little embarrassed and said, "Hey! It's just after a while, are we not here? ”
"Now for the trial!" The judges rang the gavel, and the court immediately fell silent.
The adjudicator explained to the plaintiff and the defendant the procedural rights of both parties and asked whether the two sides had applied for recusal against the adjudicator and the clerk, and both parties indicated that they would not apply for recusal.
During the court's investigation, the judges asked the accused at the outset whether they lived in a village and whether they were related. The plaintiff's agent ad litem stated that the plaintiff was related.
"What is the relationship?" The judge asked. The plaintiff's representative turned to the client and asked, "Sister-in-law, what do you mean by that with their family?" ”
The plaintiff, who has been silent since entering the courtroom, said to the judge, "I am the same grandfather as their family." ”
"Defendant, is this the relationship between your two families?" The judge asked.
"Yes."
Judge: "Ask the plaintiff to present evidence. "The plaintiff submitted several photographs taken at the scene to the court.
The clerk handed the photos to the defendants, and the defendants looked at them one by one, saying that they were taken at the scene, but the angles were different, not as evil as the plaintiff said, and what was the window of our house hindering their home?
"The original defendants all recognized these photos, and this court confirmed the authenticity of the photos at the scene."
There was a heated debate between the two sides over whether it constituted an obstacle.
"The defendant expanded the house to occupy the passage, making it inconvenient for the plaintiff to travel, and the two homes were very close, what the plaintiff said at home, the defendant stood under his own window and could hear clearly, the plaintiff did not have any privacy at all..."
"You are not me, how do you know that I can hear your family clearly in my own home?" Moreover, the countryside is a small courtyard, separated by the courtyard wall, there is any movement inside, and it is normal for people passing by to hear the talk inside..."
Seeing the fierce language of the two sides, the adjudicator promptly reminded: "Today is the trial of your case, what opinions do you have to tell the court, do not accuse each other against each other, pay attention to the language, not too radical, let alone curse people ..."
An older observer sitting near the dock, who had just come in with the defendant, probably the defendant's father, stood up several times to speak. The judge reminded him: "You are an observer, you can't speak at will during the trial, the court is disciplined, if you don't listen to dissuasion, please go outside!" ”
The observer nodded. The judge added, "If you really have any opinions, you can tell us after the adjournment, but not now." ”
The original defendant, the basic facts of these statements and arguments you made in court are clear, and the court should go to the scene to see the focus of the dispute. Are you two far from here? ”
"Not far."
"We'll go to the scene in a moment." The judge then asked, "You are all related, and this contradiction and dispute is relatively long, under the auspices of this court, are you willing to mediate?" ”
"Of course it's good to be able to mediate, but the court has to do justice." The plaintiff's representative said.
"We also agree with the plaintiff's suggestion for mediation. This case was preceded by another case, which we sued the plaintiff, and the claim was to landfill or remove the septic tank. Regarding this septic tank, as far as I know, if it is to be moved, the township and village are subsidized. ”
The defendant's agent then said, "Let me say it again, eldest sister, you are the eldest elder of these years, if the problem of this septic tank is solved, from now on everyone will read hello, you are this!" "The agent gave the plaintiff a thumbs up ...
That afternoon, because we still had to rush back to the unit to handle official business, after the adjournment, we hurriedly bid farewell to President Geng.
More than two hours later, President Geng sent me a WeChat message:
"The case that was heard this afternoon and another case have been settled through mediation. The front neighbor and the rear window glass are pasted with film, so that the rear neighbor can do sewage transformation! ”
I replied to President Geng's WeChat:
The two days of squatting research at the Dahuashan courthouse have made us harvested, and the young judges have deeply touched us by taking root in the court to serve the people!
You said, "If you want the people to feel fairness and justice in every case, first of all, the judges who undertake the case must feel fairness and justice themselves.", and you also said, "To make the people trust the judges, first of all, the judges must have the confidence to handle the case well." "These simple and philosophical languages are all the experience of grass-roots judges in handling cases, which is very good, and I am also inspired to listen to them."
Working in the people's courtroom, contacting the people every day, the parents are short or even trivial, as long as the lawsuit comes to our court, in the eyes of the people, it is a big thing.
This morning, I listened to the pre-litigation mediation presided over by retired judge Lao Liang, and resolved the dispute in less than twenty minutes, and the plaintiff said an intriguing sentence: "If I can pay back the money before the end of the year, I am amitabha Buddha..." This sentence is not false, the judge's handling of the case is determined and the dispute is a matter of immeasurable merit, he should thank the party committee and the government, and thank the old judge who did practical things for the people. Especially this afternoon, these two cases are not only neighborly conflicts, but also disputes between relatives, and if they are not handled well, they will become a grudge for generations, and you will turn the original defendant into a jade vessel through circuit court trial and on-site investigation and mediation, and finally conclude the case with mediation, the efficiency is high, the case handling is detailed, and the effect is good, all worthy of praise!
I wish the Dahuashan Court a prosperous work under your leadership. Fair administration of justice, fixing points and stopping disputes is the judge's duty, that is, the biggest practical thing for the people, I hope that you will unite sincerely, administer justice fairly, and gain a better reputation from the people in the jurisdiction! I also wish you good health and a happy family, especially the girls in the court who have a good marriage as soon as possible!
Photo | Lan Xiangdong, member of the party group and vice president of the Beijing Municipal High People's Court