Qilu Net Lightning News, November 2, "The masses actually have difficulties to solve when they go to the court, and fighting a lawsuit is not the only way to solve the difficulties. Ren Yong, president of the Zhangdian District People's Court in Zibo City, said. "Only when our grass-roots courts take the initiative, integrate into the overall pattern of social governance, and provide new models of judicial services in the most simple and flexible way, can we implement the 'putting the non-litigation dispute resolution mechanism in front' required by General Secretary Xi Jinping."
Since the beginning of this year, the Zhangdian District Court of Zibo City, based on the fact that the number of cases received in Zibo's jurisdiction and the limited case-handling strength, have taken the promotion of litigation source governance as the "No. 1 reform project", explored and created a new model of litigation source governance of "case filing early warning, forward guidance, and diversified linkage", and achieved a win-win effect of decreasing the increase in case receipts, increasing the quality of case handling, and enhancing the people's sense of gain. From January to September, the court received 16,956 cases, down 6.94 percentage points year-on-year, the rate of serving judgments increased by 3.27 percentage points year-on-year, and the automatic performance rate of civil effective judgments was 74.11%, ranking first in the city, up 23.87 percentage points year-on-year.
Case filing "whistle blowing", similar case early warning, isolation group litigation
"We are special 'whistleblowers', and as soon as we encounter similar cases, the number of cases involving a large number of people and may trigger mass litigation will be whistled and warned in a timely manner, and we will immediately start to deal with them." Zhao Yanqin, president of the case filing division of the litigation service center, said.
The Zhangdian court's receipt of similar cases this year has dropped sharply, which is inseparable from the case filing and early warning mechanism. When a dispute involving the masses arises, the case filing department issues an early warning of hidden dangers of similar cases, and the undertaking business division coordinates the linkage between the street and industry competent departments, appoints mediators and judges to mediate on the spot, isolates potential group disputes outside the court, and eliminates the risk of instability.
In February this year, during the two sessions of the National People's Congress, the case filing tribunal found in the review and filing of the case that the case filing materials uploaded by the villagers of a village in the Ma Shang Subdistrict Office of the jurisdiction involved more than 800 people, which may trigger a group lawsuit, and the case filing court immediately "blew the whistle" and issued an early warning of similar cases to the Ma Shang court, and the court immediately contacted the main leaders of the street office to inform the above situation, and it was understood that the village had collected more than 800 villagers to handle the certificate fee 10 years ago, and then because the real estate certificate could not be handled, the village committee has refunded the principal of the certificate fee. Now the villager is demanding that the villagers' committee pay the interest on the 10-year permit fee and the losses caused by incomplete housing licenses, and mobilize other villagers to file lawsuits. After understanding this situation, President Ren Yong led the president of the court to carry out pre-litigation resolution work together with the secretary and director of the street office, and the neighborhood committee (formerly the village committee) immediately formulated a basic plan for a reasonable solution to the payment of interest and submitted it to the villagers' congress for discussion. The court's early intervention and reasonable advice effectively avoided a mass lawsuit.
Filing early warnings also have a good effect on property contract disputes. In March this year, during the registration process, the Zhangdian court found that 47 residents of a residential area in a certain jurisdiction filed a lawsuit against the property company, demanding that the property company remove the fence of the parking lot and stop renting out to the outside world. It is understood that the community has not established a owners' committee, 47 residents can not represent all the owners, and 47 residents are emotional, resolute, communication is more difficult, once the dispute becomes a lawsuit, it may trigger a group of stalking visits. In this case, the Zhangdian court timely docked with the street office, and accompanied by the director of the office, went to the community to check the scene situation, understand the crux of the dispute, put forward opinions and suggestions for dispute resolution, the street office actively cooperated with the scheduling, and finally the property company adopted the court's recommendation, and the dispute was completely resolved.
Lead guidance, go deep into the community, and boost grassroots dispute resolution and innovation
Lao Li is a resident of the Liuhang Street community, and recently, he took the initiative to find the community secretary Yu to complain. Originally, Lao Li was troubled by the leak in the upstairs house, and he believed that the house leak was caused by the upstairs bathroom not doing a good job of waterproof measures, but the upstairs Zhao couple believed that the cause of the leak was the pipe, and the two sides had a dispute.
"Secretary Yu, I want to resolve the dispute, but going to the court is time-consuming and laborious, and secondly, the upstairs and downstairs neighbors don't look up and look down. Old Li expressed his concerns. Secretary Yu said with a smile: "There is a circuit wisdom court in our community, and usually we often contact the judges of the Hutian court, and we can solve your contradictions in the circuit wisdom court." ”
The "E+ Circuit Court" is set up in the communities of each town, and provides "doorstep" mediation services for the people in the jurisdiction through the methods of judges sinking the community and remote online guidance, and also guides the mediation work of the people's mediation organization in the jurisdiction. Secretary Yu contacted Judge Liu Shilong of Hutian Court through the "Circuit Wisdom Court" video, after briefly introducing the dispute situation, Judge Liu Shilong and Secretary Yu went to the home of Old Li and Zhao to conduct field investigations, first inspected the bathroom in the home of Zhao and his wife, checked whether there was water leakage in the bathroom, and then went to Old Li's home to confirm the specific location and situation of the water leakage, through on-site investigation and analysis, Judge Liu Shilong and Old Li and Zhao couple upstairs jointly analyzed the causes of the water leakage, and explained the advantages and disadvantages of the lawsuit. Actively guide the two parties to mediate to resolve the dispute, on the basis of the plan proposed by both parties, comprehensively consider the basic situation of the two parties, formulate a mediation plan, and guide the entire mediation plan from the perspective of legal professionalism, and finally Lao Li and Zhao reached an agreement on maintenance compensation in the "Circuit Wisdom Court" of Liuhang Community, and the two neighbors shook hands and made peace.
The Zhangdian court vigorously publicized the concept of "mediation first, litigation at the bottom" to resolve disputes, built a platform for "litigation-free community progressive dispute resolution", took Hutian Street within its jurisdiction as a pilot, and jointly issued the "Implementation Opinions on Carrying Out the Activity of Creating "Litigation-free Village Residences" with the Street Party Working Committee, and established "Street Party Working Committee Command - Team Members Hanging Bags - Pack Village (Residence) Cadres, Town Office Grid Members, Village Residents and Committees, Mediators Specific Handling - Synchronous Coverage of Companies and Enterprises in the Jurisdiction - Guidance and Participation of Grass-roots Stations Such as Courts and Police Stations" In the progressive mode of resolving disputes, the cadres of the village (residence), the town office grid members, the mediators, etc. will push the complex contradictions to the street comprehensive management center, and the "number one" of the street party working committee will be responsible for dispatching, and the court and police station will be jointly disposed of, and the resources will be concentrated and the execution force will be strong.
At the beginning of April, the Hutian court found through the comprehensive management platform that a property company in the community will file a property contract dispute lawsuit against more than 350 owners, requiring dozens of owners in the community it serves to pay the arrears of property management fees, in order to properly handle the batch of cases, the Hutian court promptly contacted the street bao village cadres and community grid members to understand the situation, study and judge the case, actively participate in legal guidance, after a series of effective measures, prompted the vast majority of owners to take the initiative to pay the property management fee, the property company said that it would no longer sue and personally sent the pennant to the court , to express gratitude.
At the same time, the Zhangdian court set up a "judge's studio" in the community of Jijia Village in Fangzhen Town and the nine-level village community in MaShang Street, of which the "Liu Xiang Studio" located in the community of Jaeger-Lecoulta village was well received by the masses, and Judge Liu Xiang of the Ma Shang Court regularly went to the "Liu Xiang Studio" to have face-to-face contact with the community masses, answer legal questions of the community masses, carry out mediation, and sometimes chat with the community masses about their daily routines, and the community people especially trust and like this judge.
Li Mou and other four sisters and Li Moushui and other two brothers and fathers had a dispute over the distribution of the old village's renovation, demolition and return of the house, and in the process of retrial, the two sides had a fierce confrontation around the ownership of demolition interests, distribution methods and other issues, and other cases such as alimony lawsuits were derived, the contradictions between the two sides were fierce, and the relationship between father and daughter fell to the freezing point and almost broke off contact.
Judge Liu Xiang re-sorted the case and found out the contradictions in the case. In order to properly handle this dispute and resolve the knots between the two sides, Judge Liu Xiang repeatedly explained the law bitterly, guided the two sides to recall the hardships they overcame together in life together, and spent the warm moments together, combined with local village rules and houses, and took into account reasonableness under the premise of following legal reason. Under the mediation of Judge Liu Xiang, the original defendant shook hands and made peace, and both parties were very satisfied with the results of the handling, which not only resolved the case and other derivative lawsuits at one time, but more importantly avoided repeated confrontations in court, and the family's flesh and blood family relationship could be continued.
In the Qi Yue International Community, Ma Shang court cadres and police participated in the "Sister Flower Deliberation" mediation organization to provide legal guidance to the community by interpreting the law through cases and holding symposiums, and also gave guidance and support to the grass-roots autonomy models of the "Eight Small Projects" such as the small convention, small mediation, and small peace built by the Ma Shang Street in the jurisdiction, effectively reducing the emergence of litigation and helping the grass-roots community governance. Since the beginning of this year, the Zhangdian court has guided 15 specially invited people's mediators to carry out pre-litigation mediation, successfully mediating 1925 cases, so that "the people have a call, I have a response", and realize that "small things do not leave the community, big things do not leave the community, and difficult things do not leave the street".
"Plate" governance, departmental linkage, guidance of professional mediation
Zhangdian Court continues to extend its external linkage tentacles, break the boundaries of industry barriers, rely on litigation service centers, integrate resource advantages, organize traffic police, medical, insurance, women's federations, market management bureaus, environmental protection bureaus and other departments and industry organizations, help industry mediation, and promote non-litigation resolution of disputes.
The Zhangdian Court is located in the central urban area, with more than 30,000 traffic accidents every year, and it is particularly important to do a good job in resolving the source of litigation in such cases. Zhangdian court and traffic police, arbitration, insurance and other departments to jointly carry out road traffic disputes to concentrate on tackling tough problems, promote traffic accident disputes complicated and simple diversion, fast and slow separation, for cases with clear responsibilities, large disputes between the two sides, and small amount of compensation, the traffic police department immediately handles or diverts them to the arbitration department, and the arbitration department makes a one-time ruling; on the other hand, the Zhangdian court has set up a judge's studio in the traffic police department, equipped with mediators, clerks and other team forces, to implement fast case filing, fast preservation, fast trial, and make full use of judicial measures for property preservation. Strengthen mediation during litigation and achieve case closure to the greatest extent possible. Through the joint cooperation of various departments, more than 97% of the traffic accident compensation can be handled before litigation, and only more than 800 cases formally enter the litigation procedure every year.
Grandpa Li caused a comminuted fracture due to a traffic accident, the injury was more serious, the cost during hospitalization was more, the driver who caused the accident wanted to rely on the insurance company to compensate because of the complete insurance insurance, and Grandpa Zhang's family wanted to fight for greater compensation benefits because of Grandpa Zhang's serious injury, and the two sides were deadlocked. The judge in charge of the court considered that the victim was old and seriously injured, consulted with the insurance department many times, and found the party responsible for doing profound ideological work, under unremitting efforts, the insurance company compensated the injured person for various economic losses according to the maximum limit, and the driver who caused the accident compensated himself for more than 20,000 yuan, and the two sides reached a mediation agreement and performed it on the spot.
At present, doctor-patient disputes are one of the most difficult disputes to resolve, because of the strong professionalism involved, mediation is difficult, what to do? The Zhangdian court strengthened contact with the local medical mediation committee, increased legal professional guidance, and promoted the compensation adjustment mechanism of "mediation first, insurance as a supplement, timely compensation, and prevention and control in place", and promoted the harmonious resolution of doctor-patient disputes outside the hospital and the court. In the more than five years since its establishment, the Medical Investigation Commission has successfully mediated 707 cases, with a 100% performance rate of mediation agreements, and no case of mass incidents or civil conversion incidents caused by improper mediation has occurred.
Li died during his hospitalization in a hospital in Zhangdian District due to acute inflammation, his son was emotional, gathered more than 20 people to surround the hospital leadership office, the Medical Investigation Commission quickly rushed to the scene, guided the two parties to the Medical Investigation Commission to resolve the dispute, invited the Zhangdian Court judge and judicial technical appraisal personnel to jointly study the case, formulated a specific mediation plan, and then according to the judge's suggestion, Li's old partner Ma Mou as a key object to do mediation work, Ma and his family saw the judge and the mediator put themselves in the position of their own side to fight for rights and interests, He also understood the impact of the case on his own pros and cons, and finally agreed to a mediation agreement, and the medical dispute was satisfactorily resolved.
In view of the large number of credit card disputes and financial loan disputes in the jurisdiction, the Zhangdian court invited the Banking and Insurance Regulatory Bureau, bank financial institutions, arbitration departments, notary departments, etc. to hold forums, put forward judicial suggestions to higher-level banks from the aspects of card issuance procedures and business quality, and reached a working consensus with various units on financial arbitration notarized creditor's rights documents, etc., effectively promoting the non-litigation resolution of credit card and other disputes through arbitration, notarization, etc. Since the beginning of this year, the number of credit card dispute cases has dropped by 50.36% year-on-year.
The Zhangdian court gave full play to the guiding role of the "10,000-person litigation rate" indicator, attributing the subjects of first-instance civil and commercial cases that have been filed to each township street or village community according to their household registration or domicile, comparing it with the population in the place of attribution, and obtaining the "10,000-person litigation rate" indicator, and regularly submitting the indicator data to the Political and Legal Committee of the District Party Committee, as an important basis for the assessment of the comprehensive management of the safety construction, and effectively mobilizing the enthusiasm for the governance of grass-roots litigation sources.
Lightning News reporter Ning Jia Zibo reported