Interview with Vice President Li Yunxia, Jincheng Court, Henan

(Serious trial of cases) (for the Patient Service of compensation) (sent to the grassroots) in the new Henan network Zhengzhou, April 28 (Chao Chengguizhong) Preface: The People's Court is the local people's courts of the sending agencies, exposure to rural villages and towns, it directly facing the masses, is the people's Court's forefront position It is also an important window for the people to understand the work. The court accepts the case mostly to the neighboring, the debt, the family marriage and so on each kind of simple civil dispute mainly, the mediation is solves the contradiction the best way, in order to solve the dispute completely to promote the social harmony. The Boai County People's court, as the judge of the grass-roots court, Li Yunxia, according to the characteristics of the people's Court of Justice, based on the experience of others, constantly groping and exploring the way of case mediation, and strive to improve the rate of withdrawal of cases, to achieve the quality of cases and social effects of win　　Facing the "Twelve-Five" beginning of the new era, the work of the grassroots people's court how to carry out, the network reporter recently in-depth Boai County Jin City Court, the court Vice President Li Yunxia (as pictured) conducted an interview.　　(Boai County People's Court Jincheng Center Court Vice President Li Yunxia) Reporter: Grassroots courts as a grassroots court of the sending agencies how to carry out case mediation work in the new era? Li Yunxia: As a grass-roots judge in the process of dealing with grassroots courts, we constantly innovate the handling of cases, first of all: strengthen the concept of mediation, mediation as the preferred way to resolve various civil disputes. In accordance with the procedure of the case, mediation is carried out to every aspect of the case, specific: (1) before the case of mediation, such as simple debt, personal injury, maintenance and other disputes, before accepting cases, you can directly in accordance with the telephone number provided by the plaintiff to inform the defendant and listen to their opinions to mediate, there are individual cases can mediate into, Even if cannot mediate the success also can lay the foundation for the mediation after the file. Greatly saved the litigation resources. (2) Before the court mediation, the more easily notify the defendant, before the trial can give both parties a chance to mediate, so that the judge can further understand the intentions of both sides in the next step of mediation can grasp the initiative. (3) Mediation in the trial, for each defendant to appear in court cases, the trial mediation difficulties can be adjourned further mediation in order to ease the confrontation between the two sides of the trial, coupled with the two sides have been hearing the responsibility of the basic clear, at this time, through the court of the presiding can be more likely to (4) Before sentencing mediation, not only to make a good judgment, in the failure of the two parties before the delivery of the possibility of mediation, the majority of the parties will be concerned about the pros and cons of the decision and mediation and ultimately choose conciliation.　　Mediation is a patient project to seize all the time to mediate and not give up any opportunity to mediate. Secondly, different mediation methods are adopted according to different types of cases. For those who have the elderly and the elderly, and adjacent disputes can be heard on the spot case, one is to facilitate the parties, the second can be used on the spot to audit the case of the public to form a public opinion pressure on the parties to facilitate reconciliation. Third, the promotion of legal system, through the audit of the case can make the vast number of villagers live aliveThe legal education of pouring and combining closely with practice.　　The party who is difficult to appear in the special circumstances of the working day may set up "holiday court", which can not only facilitate the litigant's action, but also make the parties moved to the Court's action, and the parties are easy to accept the judge's mediation opinion.　　Reporter: How is the grassroots court to deal with the new era of youth divorce cases? Li Yunxia: In view of the current high divorce rate, some divorce cases can be a cold treatment of the mediation method, that is, the confrontation between the two sides is not fierce, just because of life trivial angry quarrel led to a prosecution, in such cases if the two parties are still not reconciled, the court can be allowed within the time limit for the two sides to ignore, Often at this time both the original defendant and the two sides will have the possibility of reconciliation. This should be the saying that the phrase "Ning Bache a temple not to dismantle a marriage."　　Both parties have been sued and eventually reconciled. Speaking of which reminds me of two divorce cases, a similar case is indeed due to my different considerations as a judge has two distinct results, the earlier case is because of the contradiction between mother-in-law and daughter-in-law, the woman felt that there is no status in the home and the man's sympathy and understanding, the final prosecution of anger habitual mother, after several times with the plaintiff talk, The plaintiff's attitude of divorce was firm, and in the trial of the neighbors as evidence to prove that both sides are not reconciled with the possibility, I consider the plaintiff is determined to divorce, and transferred from the reconciliation has not been successful, and its decision not to be sued after the plaintiff still less than now granted divorce, as soon as possible both parties can save the litigation costs. When the plaintiff actually got the verdict of divorce, from his hesitation and disappointment, I saw that this was not what she wanted, and I realized that it was a little premature, and I hastened to reconcile them with a remedy, saying that it was only a lesson to the defendant to pass the lawsuit, If both sides can really be reconciled to the Civil Affairs department immediately to transact marriage registration. The plaintiff seemed to have hope again. From this case, I've come to the conclusion that some divorce cases are really not urgent. Later a similar case let me more firmly believe that this point, the man inverted door to stay in the woman's home, son-in-law does not shun the mother-in-law's intention, mother-in-law and son-in-law of the contradictions constantly escalating, even noisy dozen also alarmed the police station, the woman sued for divorce, In the process of responding, the defendant has been explaining that there is not much contradiction between the original defendants, repeatedly asked to let the court give him time, he will use the actual action to impress the plaintiff and mother-in-law, just as the Spring Festival is approaching, this is a good opportunity to make them reconciled, I agreed to the defendant's request, sure enough, after the Spring Festival,　　The defendant feedback to the news that through their own efforts to obtain the mother-in-law's understanding, the family lived together and more harmonious than before, the plaintiff then withdrew the case.　　Journalist: As a female judge, how to do a good job of case trial? Li Yunxia: As a female judge at the grassroots level, we give full play to the advantages of female judges, with warmth and patience to move the parties, in the mediation of the case, the judge's tone of speech and treatment of the party's attitude is equally important, remember there is a child custody correctionDisputes, when the defendant brought two children to court, instead of asking them directly, I spoke softly to them, asking about their children's learning and how they were getting along with each other, listening to the defendants ' praise for two of children, and after a chat conversation, they eliminated the fear that the children had just come in. Then very tactfully asked the children to choose to follow the parents of the idea of life.　　The defendant was very moved by what I did, thanked me for the care of my children, and after listening to my pertinent analysis, I accepted my mediation opinion.　　Journalist: Can you tell me some of the most memorable cases that have been heard by a judge in a grassroots court? Li Yunxia: Here I mention a case of personal injury compensation, five defendants are primary school students, after school to play a game of soil at home, the results do not know who threw the dirt smashed in the plaintiff's eyes, after the diagnosis of the plaintiff injured eye iris rupture. The plaintiff sued for five defendants to jointly bear medical expenses, which is a typical joint dangerous infringement case. Before the court and trial mediation, five of the parents of the defendants are unwilling to compensate, that the tort is not their children, but no one can not prove the evidence. After the trial I did a lot of work and failed to adjust, but I did not give up the mediation, and on the day of the judgement, I, together with another judge of the court, drove to the defendant's seat to summon the plaintiff and the parents of five children, since it was 12 o'clock noon when all the busy village people were working. My colleagues and I have once again made the composition of common dangerous acts, responsibility, exemption and legal consequences of the interpretation of the five parents by our sincere and selfless work attitude moved, all said through our preaching, gave them a good lesson in the law, and finally the original defendant reached an agreement and immediately fulfilled.　　Kung Fu not negative, see them send us on the bus happy smile, I and colleagues also satisfied with the smile, although the belly of the hungry had already purr. There was a case of mediation that affected me quite a bit, the plaintiff in the case was a six-year-old Hui woman, who had been blind for more than a year, and since 2008 sued her husband and son for a separate division to get a partial equity stake in the two defendants ' business. The case went through the first instance, the second instance, the retrial, the appeal and the return, and I was already a thick eight-volume file when I received the case. Through the detailed reading of the file, found that in the past trial, the two defendants have not exposed in the court, should sue, court, etc. are entrusted to complete the lawyer, if the trial or easily condemned both sides are doomed to endless rivalry appeal, disputes will never be resolved. In addition, over the past few years, the plaintiffs have repeatedly entered the province and the city to petition, by the Congress representatives of the great concern, the case has been classified as a priority petition cases, the High Court, the Chinese Academy also sent special personnel to supervise the progress of the case, want to let the parties to the visit, and taking into account the case for the family internal contradictions caused by the dispute, that mediation is the most ideal method. However, the two defendants were always unwilling to come forward and the conciliation work could not be carried out. The director of our hospital, using one of the defendants as a special member of the CPPCC, invited the County committee andThe leaders of the CPPCC participated in the mediation of the case and made concerted efforts to persuade and pressure the defendants to communicate with the Court, and the supervisors of the higher court and the leaders also participated in the mediation of the case to increase the mediation. This time the plaintiff suddenly sick hospitalization, this is a good time to mediate, for the special relationship between the two sides, we start from the family and humanity and the judge's personal feelings to the defendant to do ideological work, through three hours of emotion, Xiao reason persuasion, Finally, the defendant was willing to return to his old and blind mother to regain filial piety. We first adopted a back-to-back approach through several mediation, the differences between the two sides gradually become smaller. March 15, 2011, we started from the morning to the hospital and the court five or six times, and constantly conveyed the exchange of views, the parties were moved by our actions finally reached an agreement, I followed the overtime to make the mediation book and 11 o'clock that night respectively to the two sides were served. The agreement agreed that the defendant shall pay the plaintiff RMB 1 million yuan in a lump sum and 3 million yuan for the overdue payment. 10 days of payment period, I remind and urge the defendant every day, the sixth day after the agreement, the defendant will be paid into the court designated account to fulfill. But how to make the plaintiff recipients a new problem, due to the special circumstances, the plaintiff no longer trust all the relatives, this paragraph must be handed over to the plaintiff himself, but the plaintiff now a blind two can not leave the hospital bed three without a bank account and no identity card, 1 million of the money to cash is obviously unrealistic, Transferring the money into the passbook and handing it over to the plaintiff is the best way to protect the plaintiff's rights. The creation of a personal bank account for the plaintiff was a matter of urgency, and the plaintiff was then transferred to the municipal Hospital for treatment, think of the plaintiff's fervent hope for this paragraph, in order to be able to deliver the paragraph to the plaintiff, I began to rush to the hospital, police stations, banks, units can not adjust the vehicle, I do not delay the time on many times back and forth counties and cities by bus and taxi , using two days to finally open a successful personal account for the plaintiff. In order to seriously consider, I deliberately to the hospital to inform the plaintiff recipients, commissioned to open the account and so on every aspect of the entire video saved. We were legendary in the hospital, and the doctors and other patients were very appreciative of our behavior. When I put the 1 million-dollar passbook in the hands of the plaintiff lying in the hospital bed, the old lady has a rare smile on her face: "I believe the Communists, I believe the judges, thank you for my blind wife to make the decision, a few years of lawsuit finally has the result ...".　　Through this case I deeply feel: in our civil mediation work, the truth plus understanding, love and patience is the magic weapon of success, the judge's no regrets paid in the end can change the satisfaction and smile of the parties.　　Reporter: In the face of various complex situation in the new era, as a grassroots judge how to deal with? Li Yunxia: Carrying out the work of the People's Court in the new era our fundamental guiding ideology is to carry out the party's 17 spirit, adhere to the "three representatives", adhere to the scientific concept of development, adhere to people-oriented. The work of the People's Court in the new period must revolve around promoting three key tasks and building a harmonious society. PeopleCivil courts must be repaired both inside and outside to give full play to the functions of resolving disputes, dissolving contradictions, serving the economy and participating in comprehensive management, so as to ensure social stability. As a member of the People's Court, we should take the rule of law, enforce the law for the people, fair and just, serve the overall situation, the leadership of the party as their own guiding ideology, improve their political acuity, understand the overall situation of current affairs, understand that the general work mentality of our court is guided by Deng Xiaoping theory and the important thought of "three We should carry out the scientific concept of development, adhere to the guiding ideology of "The cause of the party, the supremacy of the people, the supremacy of constitutional law", and work on the work theme of "serving the whole situation for the people's justice".　　And will be "just, clean, for the people" the judicial core values as their own practice in the cause of the ideal conviction and value pursuit. In the actual work, a fair referee, the law, love, and reason together, as far as possible to make legal, reasonable, consistent judgment, so that fairness and justice in each case are fully reflected. Second, to patiently mediate, mediation also need to learn to think about the feelings of the parties, put themselves into consideration, open the party's heart knot, really do the case, the people and. Three to be diligent and pragmatic, in practice, many people are under the helpless only to resort to the law, the case to the court after the hope can quickly knot fast, judge only to speed up their work progress, improve working efficiency, anxious the party's urgent, solve the party's confusion, can better safeguard the interests of the parties. Grass-roots courts are the most close to the common people of a legal window, the reception of the masses, legal advice, filing, dispel doubts is to be faced with the work every day, as a judge of the court to learn to truly emotionally close to the masses, fully respect the views and rights of the masses,　　Establish the relationship between the court and the masses of the bridge between the People's Court and the masses of distance, so that the people's Court to win the most extensive trust of the masses, so that the judicial referee to maximize the understanding and support of the masses. Reporter notes: Throughout the interview, the shy, every year, the deputy president of the excellent advanced workers have been saying that his daily trial work in the fraternity court is not a matter of fact, in the Pok Oi court there are many judges like her, I am just a very ordinary member. I am proud to be a court judge, also cherish as a grass-roots people judge this honor, in the future work to constantly improve themselves, always keep clean heart, standardize their daily behavior, conscientiously abide by the basic standards of conduct and judgement of the people's judges, to achieve judicial justice, to maintain honest, Efforts to achieve social equity and justice.