Editor's note: In order to show the model of the times, the righteousness of the times, and the style of the times of the provincial court contingent, and to educate and guide the vast number of judges and police officers to faithfully perform their duties, serve the people, and assume their duties, the Shaanxi Higher People's Court, the Shaanxi Learning Platform for "Learning to Strengthen the Country," the Mass News Network, the Western Net, the Shaanxi Net, the China Business Network, the NetEase Shaanxi, and the Sohu Shaanxi Launched the "Sanqin Most Beautiful Court People" network publicity activities. From now on, 14 new media platforms and 8 online news platforms of the Shaanxi Higher People's Court will jointly carry out online centralized publicity on the deeds of 37 candidates, creating a strong atmosphere of learning from heroic models, advocating heroic models, and striving to be heroic models.
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Wang Tao is currently the president of the Yangquan Court of The Fu County Court in Yan'an. He was awarded the "Provincial Court System Case Handling Pacesetter", "Yan'an Top Ten Judges", "2016 Municipal Court Case Handling Pacesetter", "Top Ten Youth of the Municipal Court", "Municipal Court Case Handling Pacesetter", etc., and was awarded the "Personal Third Class Merit" once.
During his tenure as president of the Yangquan court, Wang Tao gave full play to the role of the people's court as the forefront, with the goal of creating a first-class courtroom, taking it as his duty to serve leading industries, maintain rural stability, and promote the construction of a well-off society, constantly enhancing judicial capacity, improving judicial level, mediating a large number of civil disputes, and providing good judicial guarantees and legal services for maintaining the order of the people's production and life.
Multiple measures should be taken concurrently to carry out propaganda, explain the law, and clarify contradictions
With the support of policies and the continuous optimization of the market environment, apples have become the "cash cow" of fruit farmers in Fuxian County, but they have also caused many contradictions and disputes, which are related to the vital interests of the majority of fruit farmers.
Every time the apples are ripe and sold, in order to serve the fruit farmers and fruit merchants, reduce and avoid disputes, Wang Tao always actively prepares, carefully arranges, and launches a series of legal service measures. Through the hotline of the Apple Circuit Court announced by the TV station, the network published a "Letter to the Majority of Fruit Farmers and Fruit Merchants", and sent the letter and the elaborate standard contract to the majority of fruit farmers and fruit merchants. Personal telephone numbers and hotlines were announced to the public, holidays were abandoned, and a number of apple purchase and sale contract dispute cases were promptly and non-litigation. He himself drafted and compiled the Fuxian Court to serve fruit farmers and fruit merchants to popularize legal knowledge (spring, summer, autumn and winter seasons), provide all-round services to fruit farmers in different seasons, and go deep into the countryside at the first time, send the information to each fruit farmer, so as to achieve full coverage of legal publicity and provide a strong judicial guarantee for the smooth sale of apples. His Yangquan Court is affectionately known as the "Apple Court" by growers. In 2014, when Zhou Qiang, president of the Supreme People's Court, went to the Yangquan court to investigate, he fully affirmed the good practice of their court to facilitate the people and benefit the people.
Whether it is a fruit farmer or a fruit merchant, whoever breaks the law and loses faith will say no to whom, which is the principle that Wang Tao has always adhered to. At noon on October 18, 2019, Wang Tao, president of the Yangquan Court of the Fuxian Court, received a call from Li Mou, a fruit merchant in Henan Province, saying that he had signed an oral apple sale contract with two fruit farmers in Shangliang Village, The Second Community of Yangquan Town, on October 17, and the contract stipulated that the fruit merchants would buy the apples of two fruit farmers at a price of 3.15 yuan per kilogram, and paid deposits of 2,000 yuan and 3,000 yuan to the two fruit farmers respectively. But that night, the two fruit farmers found the apple agent of the fruit merchant Li Mou, asked to cancel the contract, and forcibly put the deposit collected at the agent's office and left. This behavior makes it impossible to perform the contract for the purchase of apples, and also causes losses due to the inability of the scheduled fruit depot to store apples on schedule. The fruit grower heard that the two growers had repented because other fruit growers had paid a higher price to buy their apples.
After answering the phone, Wang Tao immediately drove to Shangliang Village, and on the way, he contacted the cadres stationed in the village, the first secretary and the cadres of the village committee to rush to the scene together, and after arriving in the village, Wang Tao notified the fruit farmers and fruit merchants to the village cadres' homes and listened to the fruit farmers' and fruit merchants' statements in person. After fully understanding the facts of the case, Wang Tao explained to both parties in accordance with the relevant provisions of the Contract Law, and explained the relevant provisions of the Contract Law on the deposit, pointing out that the behavior of the two fruit farmers had constituted a breach of contract, and according to the law, the double deposit should be returned to the fruit merchant. The fruit farmers could not understand for a while, and Wang Tao separated the fruit farmers and fruit merchants, mediated back to back, and explained to the fruit farmers from the spirit of the contract, the construction of a society of integrity and the protection of good order in the local industry.
After two hours of reasonable and patient mediation, the two sides reached an agreement, the fruit farmer returned a double deposit to the fruit merchant on the spot, and the two sides terminated the oral sale and purchase contract. This case reminded the fruit farmers and fruit merchants who were at the peak of apple sales, invisibly guided them to sell in good faith, know how to use legal means to protect their legitimate rights and interests, and played a good social effect.
Concerned about the masses without remorse Fruit farmers and fruit merchants praised it
On February 26, 2019, it was drizzling and the Fu County Court received two bright red pennants! "Uphold justice with a clean wind in both sleeves, and enforce the law for the people with a righteous spirit!"
Here's the thing: On January 15, 2019, the Fuxian Case Filing Court received that plaintiffs Wu, Wang and Wan had sued Chen, the legal representative of a fruit company in Dongguan, respectively, for a dispute over the sale and purchase contract. It turned out that the defendant Chen Mou purchased apples worth more than 800,000 yuan from the three plaintiffs, but after the apple was pulled away, it has not paid, and it has not answered the phone calls of the three plaintiffs, and now it is impossible to contact the defendants. In order to safeguard their legitimate rights and interests, the three plaintiffs will be told to the court. Because the phenomenon of fruit growers pulling away the apples of fruit growers and selling them for their own squandering, but not paying the fruit farmers, the interests of many fruit farmers have been damaged, which has triggered mass incidents.
After receiving the case, Wang Tao immediately launched an investigation, and after talking with the three plaintiffs to understand and inquire from many parties, he learned that the defendant Chen X may temporarily store the pulled apple in a certain place in Longfang Town, Huangling County, but the specific location is still unclear, in order to avoid Chen X selling the apple without paying, harming the interests of the fruit farmers. On the same day, Wang Tao gave up his lunch break, rushed to Longfang Town, Huangling County, inquired about many fruit warehouses one by one, and finally found the fruit warehouse where the defendant Chen stored the apples, and then talked with the person in charge of the fruit bank, asking him to inform the court in time when the defendant left the apple warehouse, without the consent of the court, the defendant Chen must not be allowed to pull the apple away, in case the fruit merchant Chen pulled the apple away and sold it, the fruit money could not be paid to the fruit farmer, resulting in the infringement of the legitimate rights and interests of the fruit farmer.
On February 19, 2019, the Yangquan Court heard the case. On February 25, defendant Chen mou transferred 850,000 fruit money into the court's special account for case funds, and the last three cases were withdrawn. On February 26, in order to show their gratitude, the three plaintiffs and the defendants came to the Fuxian Court without hesitation and presented two bright red pennants to Wang Tao, president of the Yangquan Court, and all the cadres and policemen of the Yangquan Court.
The original intention is to innovate the mechanism to reduce litigation and facilitate the people and benefit the people
Justice for the people is the fundamental purpose of the people's justice. In line with the concept of "the people's difficult problems are the theme of our work", Wang Tao has carried out convenient services through all aspects of judicial activities and implemented in all aspects of trial work. In order to facilitate mass litigation, the Yangquan courtroom has realized rapid establishment, fast trial, and fast enforcement, sinking the focus of its work to the grass-roots level, moving trial activities forward to the countryside, and implementing the normalization of online case filing, circuit trial, and on-site mediation.
Make full use of the platform of "the masses speaking things and judges speaking" to achieve "three full mediations", one is the whole process of mediation, and the mediation runs through every link before the case is filed, served, and before the trial, and after the trial; the second is "wholehearted mediation", with the goal of settling disputes and settling disputes and concluding cases, patiently and meticulously and attentively mediating; the third is "all-out mediation", under the premise of voluntariness and legality, using a variety of means to mobilize multiple forces to mediate, and has achieved good social results.
In his work, Wang Tao constantly explored new working methods, implemented sunshine trials, vigorously promoted simple and fast case-handling methods, and improved case-handling efficiency, with the application rate of summary procedures reaching more than 97%, the average trial limit shortened by 28 days, and the efficiency of case handling made a qualitative leap, and the efficiency of case handling was significantly improved.
Editor: Li Yuan