A gentleman is a man, and a gentleman is humble
Feel the gentleman to do things, conscientious and diligent
The north wind is cold, the water is cold, the moon is like a hook, and the night is deep. When he came, he danced young man, returned to the sideburns, fifty years of spring and autumn hurriedly passed, and twenty years of Dan Xin explained the law. Look up at the sky, empty and sad, and then sharpen, vow to coexist with the mighty qi for a long time.
- Caption
On January 13, 2021, Comrade Liu Dong, vice president of the Administrative Trial Division of the Taiyuan Intermediate People's Court and a senior judge of the fourth level, worked until two o'clock in the morning, died of a sudden illness, and the ring of life came to an abrupt end after 50 turns...
The documents stacked high on the desk, the unfinished case descriptions on the computer screen, all solidified at this moment, leaving behind the endless mourning and nostalgia of the people around him...
He was transferred from the military to a "layman" and became an expert in handling cases
"The boy has tears, not softly, only because he has not reached the sad place", speaking of the bits and pieces of work with Judge Liu Dong, Gao Baomin, president of the Administrative Division of the Taiyuan Intermediate People's Court, did not say a word and shed tears first, and his mood could not be calmed for a long time.
"He is a comprehensive hand with very strong professional ability, an expert in administrative adjudication, and we are very relieved that some major and important cases have been handed over to him."
In the Taiyuan Intermediate People's Court quality and effectiveness assessment data system, we can retrieve that judge Liu Dong participated in the trial of 1200 related cases from 2017 to 2020, heard 445 administrative cases as the presiding judge, and participated in the trial of 400 cases per year.
"Behind the nearly 100% case closure rate is years of overtime and unremitting efforts, which fully reflects Judge Liu Dong's incomparable love for legal work and dedication and responsibility as a Taiyuan court person." Zhang Hong, who is in charge of the quality and effectiveness management of judges in the Municipal Intermediate Court, used figures to interpret his many feelings about Judge Liu Dong, who was dutiful and dutiful.
His dedicated and meticulous work style has transformed Liu Dong from a military "layman" into a trial expert with rich experience in handling cases, and the effort and sweat behind this are beyond the perception of outsiders.
In administrative trials, housing expropriation cases are the most typical civil sue cases, and they are also the cases that make judges feel the most "tricky" in all administrative trials. Turning over the cases that Judge Liu Dong has heard, housing expropriation cases have leapt to the forefront, and the focus of disputes in such cases is mostly centered on compensation for land requisition, which often puts the people's courts in a dilemma, and the courts must not only make fair judgments, but also take into account the unity of legal effects, political effects, and social effects. In order to find the best "balance point" between serving the local economy and maintaining social stability, and prompting the demolition and relocation of the demolition and relocation compensation agreement between the demolition and the demolished, Liu Dong often spends a lot of energy to study and analyze the "reconciliation point" of the case in detail, and overtime has become the norm of his work.
"For the trial of such cases, Judge Liu Dong will never rush to issue a judgment, but will do a lot of research and judgment and coordination work, and most of the cases handled by him will be withdrawn by the plaintiffs and concluded, and the legal, political and social effects will be highly unified." President Gao Baomin deeply deplored the loss of a "good judge" who was a mainstay.
I've always called him "Teacher Liu."
Unlike President Gao Baomin and Judge Liu Dong's "comrade-in-arms", Wang Ting, who has been Judge Liu Dong's clerk since 2014, regards him more as a "good teacher" and a "brother".
"I've always called him Teacher Liu." Wang Ting, who had lost her mentor and brother, choked up several times and cried uncontrollably.
"As his clerk, Mr. Liu has been cultivating my knowledge of the law and judgment of the case. Every time the case is finished, he will ask me what I think of the case, always listen to me quietly, never interrupt my immature speech, and if our judgment of the case is different or my understanding of the case is biased, he will patiently and carefully explain and analyze the case with me until I fully understand. "The attitude of being highly responsible for each case has benefited Wang Ting and other young clerks a lot.
His requirements for himself are almost 'harsh', and the requirements for the clerk are also somewhat "impersonal", even if it is a simple document, there is no room for error, and he is more like a strict division commander at work. "Teacher Liu is a very strict and responsible person for the case. When he finished writing the paperwork, he would compare it himself, and then he would ask me to do it again. Not only that, but afterwards he would review his documents to see if there were any deficiencies in his documents. Once, with a serious expression, he hurried to my office, 'Wang Ting, look at this document, one more word.' I quickly found this document, remembering that I had already proofread it at that time, and the documents served to the parties were accurate, and Teacher Liu Dong showed a happy smile, "Fortunately, you can see it, otherwise such an imprecise document will affect the credibility of the court." In fact, this document has been delivered for a month, he is still reviewing, looking for insufficient, this care makes me moved. Recalling Judge Liu Dong's earnest teaching to himself, Wang Ting's voice choked up again.
A document, a typo, a month, it is such a rigorous work attitude that the quality and efficiency of his case are always first-class. Of the 43 first-instance cases heard by Judge Liu Dong in 2020, only 5 appealed, and the rate of serving sentences was much higher than that of appeals.
"Teacher Liu's death is a major blow to me, and it is also a great loss. I have lost my mentor, and Mr. Liu's serious, responsible and rigorous attitude towards the case will always inspire me to continue to move forward. ”
The two parties "red" their faces and "smiled" their faces
"Administrative litigation should not only stop at adjudicating cases by case, but also learn more about the relevant laws and regulations, and more importantly, understand more about the original intention of the state in formulating the laws." Recalling the words he often hung on his lips, Chen Cong, who was in the same collegial panel as Judge Liu Dong, had more admiration for the elderly "predecessor".
Also highly agreeing with Judge Liu Dong's case-handling concept of "not just staying on paper" is Jia Lun, director of the Compensation Office of the Taiyuan Intermediate People's Court. "Together, we often argue about different views on a case, and even get red in the face." After years of knowing each other and cherishing each other, Jia Lun and Liu Dong have long gone beyond the simple colleague relationship, and there is also an eternal friendship that is closely related to each other.
In the trial of a compensation case, the collegial panel had a different view from the court of first instance on whether the trial limit was exceeded, "The court of first instance believed that the trial limit was exceeded, and our collegial panel believed that there was no exceeding the trial limit. When encountering difficulties, Jia Lun always had to "discuss" with Liu Dong. "This depends on the fundamental meaning of the relevant laws issued by the Supreme People's Court to exceed the trial limit, and in 2018, the Supreme People's Court issued new regulations on exceeding the trial limit, the fundamental purpose of which is to eliminate the occurrence of phenomena such as cases exceeding the trial limit and litigation-related petitions, and truly take the people as the center and put the interests of the people in the first place." By reviewing the relevant laws and regulations and reviewing the relevant Guiding Cases, Jia Lun finally adopted Judge Liu Dong's opinion.
"Judges should always highlight the blending of reason and the blending of emotions and law in the trial of cases, and they should have the same heart and sincerity with the people, pay attention to the interpretation of the law, so that the people can feel the temperature of the law while feeling the fairness and justice of the law." Liu Dong said this and did the same. In the cases he handled, he could always see the two parties "red" their faces and "smiling" their faces.
In the second-instance trial case in which the appellant Li Mouming appealed against the administrative judgment made by the court of first instance because of the land administration case, the same analysis and judgment, the same rigor and meticulousness, and the same final starting point of safeguarding the legitimate rights and interests of the people, Liu Dong resolutely made: revoked the first-instance judgment; ordered the revocation of the "Decision on the Handling of Li Mouming's Request for Confirmation of the Land Area of His Contracted Land" made by the people's government of a town in Taiyuan City, which was revoked by the appellee, the "Decision on the Handling of Li Mouming's Request for Confirmation of the Land Area of His Contracted Land" The people's government of a town in Taiyuan City, the appellee, shall make a new final judgment on the administrative act within six months from the effective date of this judgment. The "unexpected" judgment result touched the party Li Mouming, and later presented a pennant to Judge Liu Dong to express his sense of reverence for the law and his admiration for the judge.
He was a good judge and a good dad
"I didn't expect Judge Liu to be so patient and kind to the parties." Although his days with Judge Liu Dong were short, his warm and kind personality deeply infected Ban Ke, a clerk who had handled several cases with him.
In one trial, the parties were emotional because they did not accept the administrative punishment, and the trial had to be interrupted twice, and even then Liu Dong did not express a trace of dissatisfaction, but patiently calmed the emotions of the parties, and the trial was finally successfully completed. "It was difficult for me to understand that such a serious disruption of the order of the trial was enough to punish the parties accordingly, but Teacher Liu was so patient and appeased." "It is difficult to make rational behavior under emotional agitation, so that the parties have a space for catharsis, and only when the emotions are stable can rationality be restored, which can be more conducive to the adjudication of the case." A remark made Ban Ke admire Liu Dong's style of handling things to the extreme, which is still unforgettable.
"Alas, everyone help me see what kind of small animals are suitable for girls to keep..." Teacher Liu has "big things" to do today.
"How does Teacher Liu, who has always been work-centered, care about small animals?" The young clerks quipped to Judge Liu, who was now smiling. It turned out that Teacher Liu's "little cotton jacket" had recently become obsessed with small animals, although it was the idea that her daughter inadvertently revealed, but it took root in this father's heart, until now there are small fish, hamsters, and puppies everywhere in the family, and all of this has become his last gift to his daughter...
In front of the portrait of Judge Liu Dong, the daughter from time to time to place the sacrifice, the silent crying can no longer recall the voice of the father, the heavens and people are separated, the sadness of the loss of relatives shrouds this small figure, which cannot be dispersed for a long time...
After the news of Judge Liu Dong's death in the line of duty spread, the Administrative Reconsideration Office of the Shanxi Provincial People's Government sent a telegram of condolences to Mourn Comrade Liu Dong and express condolences to Comrade Liu Dong's family. Comrade Liu Dong's former friends, parties to the case, lawyers and other insiders all deplored and left messages to express their deep sorrow and regret for the death of Comrade Liu Dong!
Even if it's a shimmer,
It can also illuminate the way forward.
The most brilliant fireworks,
It is a sacrifice for life!
The soul of the hero returns,
Startled and turned back.
The grass is fangfei in the spring wind,
That's your spark of re-blooming!
Zhang Xiaohua
Author Affilications:Taiyuan Intermediate People's Court