"I feel that you are like Lin Moumou's debt collection company, that is, doing everything possible to help him get money, freezing our bank deposits and not telling us..." As soon as they met, Min Moumou, as a defendant, angrily threw a grudge at the judge.
"The court is from a neutral position to safeguard the legitimate rights and interests of the parties, and will not favor one side." You have difficulties and cannot go to court, so we have moved the court to your doorstep, which is to ensure that you have the right to speak and present evidence. Before taking preservation measures, we cannot notify you in advance, otherwise you may transfer your property, we have served you with a civil ruling by electronic service, and you may not have clicked to view..." Comrade Du Xinjun, the presiding judge in charge of this case, patiently persuaded the parties.
Recently, the Jiehu People's Court of the Yinan County People's Court of Linyi City went to Jiang Weizhuang Village, a town in Lanshan District, Linyi City, to carry out a circuit trial, and only then did it begin.
<b>Build a bridge of multi-mediation</b> <b>and</b> <b>roving trials across counties</b>
Previously, after the Yinan County People's Court of Linyi City accepted the case of plaintiff Lin XX v. defendants Min XX and Wei XX in the dispute over the sale and purchase contract, it froze the bank deposits under the names of Min XX and Wei XX in accordance with the law for 80,000 yuan. After the freezing measures were taken, the judge called Min moumou and informed him of the trial of the case and the preservation of property. Min Moumou, who learned the news, was furious on the phone, "I didn't give him an IOU at all, how do you know that I owe him money." The money you froze was compensation for my son's traffic accident, and you can't freeze it. I now have dialysis three times a week, and I can't go to court at all, so you can deal with it as you see how to deal with it! ”
In view of the special circumstances of the parties suffering from major diseases in this case, the court leaders agreed to the study and approval, and the trial team decided to organize a circuit trial on the spot. The leaders of the town and village where Min moumou worked gave great assistance, detailed the specific situation of the parties to the judge, and agreed to provide office space, laptops, printers and other equipment. Under the brightly colored party flag, the solemn national emblem, tables, chairs and benches were properly arranged, and a simple circuit court was officially built.
<b>Listen patiently, sincerely channel</b><b>, and</b> <b>untie the first knot of the person.2</b>
After Min X arrived at the court, he took out a dense medical record diagnosis page, which recorded that Min X had major diseases such as heart disease and nephrotic syndrome. After he finished speaking emotionally, he needed to cover his chest and catch his breath. In order to avoid the parties' emotional accidents during the trial, the judge decided to mediate first.
According to the investigation, Lin XX and Min XX, who live in Qingtuo Town, Yinan County, have long-term business contacts, and Min XX's son has been pulling bark from Lin xxx for many years, and the relationship between the two families in addition to business contacts is also very harmonious. Three years ago, Min's son died in a traffic accident. Min's family was plunged into heavy grief. The roof leak is in the rainy rain, Min Moumou was diagnosed with kidney disease and other major diseases, and since the end of 2020, he has been in the hospital for dialysis treatment, three times a week, spending all the family's savings. But the compensation for Min's son has not been useful to them, because this compensation has a special meaning for them. After the compensation money was frozen, Mr. and Mrs. Min believed that Lin X's lawsuit for preservation at the most difficult time in their family was ungrateful and falling into the well! Mr. and Mrs. Min cried emotionally, the judge patiently listened to their confessions, and the court bailiff handed them tissues from time to time to dry their tears. "We are very sympathetic to your family's plight, but we are people's judges, and our duty is to handle the contradictions of the parties fairly and justly, and it is our duty to deal with your disputes..." After half an hour of patient counseling, Mr. and Mrs. Min gradually stabilized their mood.
<b>The judge cleverly calculated the current account</b> <b>and</b> <b>untied the second knot of the parties</b>
The second knot in the hearts of Mr. and Mrs. Min is that Mr. and Mrs. Lin still owe them three accounts: one account is a loss of 10,000 yuan that the two parties have negotiated to be borne by Mr. Lin; the second account is that Mr. Lin still owes them more than 500 yuan of bark; the third is that Lin still owes them more than 4,000 yuan of bark. Mr. Lin did not approve of the three arrears claimed by Mr. and Mrs. Min, and the two sides once again had a fierce dispute. "Although the three accounts claimed by the defendant couple have not provided evidence to confirm, we should also sympathize with this difficult family from a humanitarian point of view, coupled with the long-term business contacts and exchanges between your two families, appropriate debt relief is conducive to alleviating the contradiction..." After the judge's continuous accounting and persuasion between the two sides, the two sides finally reached an agreement, Lin agreed to reduce the debt by 7200 yuan, and Min and his wife paid 70,000 yuan to Lin.
<b>Let time dilute the grief</b> <b>and</b> <b>untie the third knot in the person's heart</b>
When the two parties reached an agreement on the amount of repayment, the two sides again disputed the repayment time, Lin X claimed immediate repayment, Min X and his wife advocated repayment in two installments, and published a lease advertisement for their own plate factory plant, wanting to use the rent obtained from the rental plant to repay the arrears, but did not agree to use the compensation of the late son to repay the arrears. "The court has frozen the bank deposits under Wei's name, you don't have to worry about the other defendant transferring property, more trust, trust this family, give them a little time, and let them use time to dilute the grief in their hearts..." After the judge's patient guidance, the two sides finally reached an agreement on the repayment time, and Mr. and Mrs. Min will repay the above arrears in two installments within 9 months.
After four hours of hard work, the parties finally signed the mediation agreement, and a long-standing case was successfully resolved. The team members of the circuit trial used their hard work to fulfill the zhengzheng oath of justice for the people, sent warm laws to families in need, and demonstrated the responsibility and responsibility of resolving complex contradictions.
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