Text/our reporter Zhang Jun
Source: "Democracy and Legal System" Weekly 2022 Issue 17
Only justice is left to fill the universe
- In memory of Xin Shenqian, an outstanding judge in the country and deputy director of the Fourth Civil Division of Xingtai Intermediate People's Court of Hebei Province
"It is the basic duty of a civil judge to settle disputes and settle disputes. A world without litigation is what people's judges hope for." This is Xin Shenqian's original intention and the belief of his 16-year career as a judge. He often said: "As long as you take the people's affairs as your own business in the trial of civil cases, you will never do a bad job."
Xin Shenqian is the deputy chief judge of the Fourth Civil Division of the Intermediate People's Court of Xingtai City, Hebei Province and a fourth-level senior judge. . He mediates and hears cases with publicity, meticulousness, sincerity, carefulness and enthusiasm, analyzes the law and reason, moves people emotionally, understands the law, and explains it with reason. He not only maintains judicial justice, obtains social harmony, but also wins. gained the trust of the people.
Clarify the rights of the people and uphold justice for society
In 2000, Xin Shenqian, who had been training in the army for 13 years, transferred to the Judicial Police Detachment of Xingtai Intermediate People's Court and became a judicial policeman. At this time, he did not want to be a bailiff all his life and began to take the self-study examination for undergraduate law. In 2005, when Zai Shenqian was 36 years old, he not only passed the undergraduate law course in the self-study examination, but also passed the judicial examination . For a retired soldier who is not a legal major to pass the national judicial examination, he has to pay more than ordinary people.
After obtaining judicial qualifications, Xin Shenqian was transferred to the Fourth Civil Court to engage in trial work. The Fourth Civil Tribunal mainly hears cases that are closely related to people's lives, such as marriage and family, labor disputes, land contracting, and property disputes. In the past 16 years, in Xin Shenqian's words: "I have become familiar with the local people's customs, learned the people's language, and walked into the people's lives, and my feelings for the people have become deeper."
Opening the files that Xin Shenqian has handled, there are several This case has to attract attention.
In 2014, a state-owned enterprise failed to pay social insurance to the female worker Zhang. As a result, she was unable to complete the retirement procedures and receive a pension when she reached the age of 50, and her life was about to fall into trouble. Desperate, Zhang took the company to court. Although the judicial interpretations at that time had principled provisions on such cases, there was no precedent for how to deal with them specifically. Zhang's husband said helplessly: "We are in a lawsuit with a big company, and many acquaintances have advised us not to sue even if our arms can't twist our thighs." But the stubborn Zhang said to her husband: "But I just don't accept it. Let the court provide us with justice!" During the trial, Xinshenqian, the presiding judge, tried to mediate many times to no avail, and the company refused to reissue Zhang's social insurance. After discussions with the collegial panel, Xin Shenqian ruled that the company should pay Zhang’s pension every year. This is the first case in Xingtai where a person was judged to compensate for failure to repay social security, setting a precedent for the trial of similar cases. After the verdict, Zhang sent a banner with the words "Be fair and honest and make decisions for the people" to the Fourth Civil Court to express his sincere gratitude.
Ordinary people often say: "The officials are clearer than the people." This sentence is understood by Xin Shenqian to mean that they expect the judges to clarify the merits and provide justice for them. Xin Shenqian said that court trials must be serious and truthful, so as to determine right from wrong and uphold justice for the parties concerned. Since then, Shinshinken has tried numerous labor dispute cases and protected the rights and interests of disadvantaged workers.
After many years of hearing civil cases, Xin Shenqian deeply understands that the value orientation of judges will have a profound impact on social fashion. If the judge's value orientation is correct, it will have positive energy for social customs. On the contrary, it will attract criticism from the people.
In 2018, Xinshenqian tried a personal rights dispute case. The plaintiff, Yao, and three others drove Li's truck to the side of the road, and then falsely claimed that the gravel rolled up by the truck had broken the windshield of his car, and then beat and robbed Li. While driving a truck to escape the scene, Li hit Yao and seriously injured him. Yao requested compensation from Li and the insurance company on the grounds of a traffic accident. If Yao's request is supported, it will inevitably encourage his arrogance and cause adverse social effects. Nobuyoshi believed that the case was not a traffic accident and that Li should be found to have acted in self-defense. The final judgment rejected Yao's lawsuit.As soon as the judgment was issued, it was unanimously praised by the local people. It fully reflected the People's Court's determination and stance in safeguarding social morality and legal bottom lines, achieved good legal and social effects, and demonstrated the dignity of the law.
The law is within the law and outside the law but only seeks to convince others; the strong and the weak only seek fairness
When trying cases, Xin Shenqian is good at comprehensively sorting out the facts of the case and clarifying responsibilities, sincerely guiding the parties to reasonably determine their psychological expectations, and mediating disputes in a timely and effective manner.
“To build a harmonious labor relationship, we must not only protect the legitimate rights and interests of workers in accordance with the law, but also balance the interests of both employers and employees, which puts forward higher requirements for labor dispute trials.” Xin Shenqian believes that “the reasons behind confirming labor relations cases Work-related injury compensation cases are often hidden. It often takes two or three years from the arbitration and litigation to confirm the labor relationship to the final identification and compensation of work-related injuries. While enduring the pain and torture, the parties have to fight for their rights. "In order to Xin Shenqian will not make workers injured at work bleed or shed tears, so that the injured can receive timely assistance. During the confirmation stage of labor relations, Xin Shenqian always tries his best to mediate. As long as there is 1% hope of mediation, Xin Shenqian will do his best. Thanks to our efforts, one-fifth of these cases have been settled through mediation, allowing workers injured at work to receive compensation as soon as possible.
Li broke his leg on the construction site of a construction company. Since both parties did not have a written labor contract, after paying part of the medical expenses, the construction company stopped asking about Li's injury and did not recognize his relationship with Li. Labor relations. In desperation, Li sued the court through labor arbitration and requested confirmation of the labor relationship. Xin Shenqian learned that Li was an old man and a young man. After being injured, he owed a lot of debt for medical treatment, and his life was very difficult. After reviewing the evidence, Xin Shenqian believed that Li was indeed injured at work. After the trial, Xin Shenqian and the manager of the defendant construction company presented the facts and reasoned, explained Li's dilemma, and gave up his idea of delaying the lawsuit. Later, due to the construction company's financial constraints, Xin Shenqian suggested performing the compensation agreement in installments, which was unanimously accepted by both parties. In the end, it not only solved Li's urgent need, but also protected the normal development of the company.
Xinshenqian is also actively involved in diversified dispute resolution and case source management. It has established a long-term working mechanism for jointly resolving labor disputes with the Xingtai Federation of Trade Unions and Labor Arbitration Committee, and carries out work on a regular basis. Xin Shenqian continuously collected and sorted out typical cases and summarized trial experience. Based on the first draft he drafted, in August 2019, the Xingtai Intermediate People's Court and the Xingtai Human Resources and Social Security Bureau jointly issued the "On the Trial of Labor Dispute Cases" "Minutes of the Meeting on Certain Issues" has standardized the adjudication standards for difficult labor disputes within the jurisdiction. The quality of case trials has been greatly improved, and the number of cases accepted has also shown a downward trend.
Mediate disputes and promote harmony. Extrajudicial sentiments warm people's hearts.
When you are a judge, you cannot be afraid of troubles and conflicts. By mediating a case, life will have one less knotty knot, society will have more stability, and life will have peace.
Before each case is tried, Xin Shenqian carefully reads the papers and clarifies his thoughts. adjacent relations and land disputes. The parties involved often fight for every inch of land. Once a grudge is formed, it often becomes a feud for generations. When handling such cases, he personally went to the site to inspect and measure, and obtained first-hand information on and . Whether it was an adjacent dispute or a land contract case, he always walked around the scene, watching, asking, and taking notes.
Xin Shenqian has been engaged in the trial of marriage and family, labor disputes, land contracting, private lending, property services and other cases. Although these cases are trivial in the eyes of some people, they are closely related to the lives of the people and are handled Failure to do so can easily intensify conflicts, even lead to petitions or criminal cases, affecting the peaceful life of the people.
Xin Shenqian places mediation in an important position and never misses any opportunity for mediation. In view of the characteristics of family cases, he summarized effective mediation methods such as "back-to-back mediation method" and "family and friend assisted mediation method". At the end of each trial, he always chats with the parties or observers to see if he can find a breakthrough in mediation.
A young couple, Zhang and Li, had a dispute over the signature of a real estate property. Zhang injured Li. The conflict intensified and the first instance ruled that the couple should divorce. After the second trial, Xin Shenqian chatted with the woman Zhang’s father for a few words. From Zhang’s father’s words, “Who wants their children to go out of one house and into another?”, he heard the hope of mediation. After learning that Zhang's uncle had made peace many times, Xin Shenqian took the initiative to get in touch with Zhang's uncle and work together on both sides. More than ten days later, the couple reconciled and took their children to the court to receive a mediation letter.
During the 2020 Spring Festival, faced with the sudden outbreak of the new coronavirus pneumonia, Xin Shenqian devoted himself to epidemic prevention and control work since the second day of the first lunar month. He measured the body temperature of residents in Beidawang Community, publicized epidemic prevention knowledge, and protected the health and safety of the people with practical actions. During the anti-epidemic period, he did not forget his job and people were not allowed to go out. He used phone calls, WeChat and other methods to "online" trial cases, and dismissed 5 cases, stabilizing the emotions of the parties involved and resolving conflicts in a timely manner. On April 8, he accidentally fell on his way to work, causing a fracture of his radius and inconvenience in movement. The clerk suggested canceling the two court hearings on April 9, but he felt that "the epidemic prevention situation has improved, and the parties are looking forward to an early hearing, so it is not appropriate to cancel the trial." He ignored the pain and with the help of the clerk the next morning, he Wear robes and attend court on time.
"Be compassionate and ruthless but seek justice, and in large and small cases, seek perfection." This is Xin Shenqian's pursuit of perfection in cases.
"Don't let people praise the good colors, just leave the pure energy to fill the world."
Xin Shenqian has been engaged in civil trials for 16 years. In the past five years, he has applied ordinary procedures to conclude 593 civil cases. In the past three years, the case closure rate has been above 99%. All trial indicators rank among the best in Xingtai Intermediate People's Court. In 2018, Xinshenqian was awarded the second-class personal merit award and was awarded the honorary title of "Thousand Good Party Secretary" by the Organization Department of the Hebei Provincial Party Committee; in 2019, he was awarded the "Outstanding Judge of the Province"; in 2020, he was awarded the Provincial Court Competition Award He is one of the "Top Ten Individuals" among civil servants who satisfy the people of our country; at the same time, he was awarded the honorary title of "National Outstanding Judge" by the Supreme People's Court of our country.
Talking about these honors, Xin Shenqian said humbly that these achievements cannot be achieved without the help of the old president and judge. From the revision of legal documents word for word, to the application of theoretical knowledge, to how to see the scene and control the trial in judicial practice, with the step-by-step help of his seniors, Xin Shenqian gradually grew into the backbone of the court.
Open court hearings, open trial procedures, and open judgment documents comply with the new expectations and requirements of litigants for judicial work in the Internet era. They are also new measures taken by the people's courts to serve the people's justice and put forward higher requirements for judges. Shin Shenqian took the initiative to adapt to this new change and used the live broadcast of court trials as a whetstone and touchstone to improve his abilities. Carefully plan before the trial, thoroughly understand the case, accurately summarize the key points, reasonably divide the work among the collegial panel members, pay attention to personal image during the trial, and reasonably guide the parties to speak to ensure the effect of the live broadcast.
Xin Shenqian believes that being a judge requires the spirit of craftsmanship. In order to make a document perfect, he always proofreads it repeatedly; for a point of view, he consults countless information; in order to express it accurately, he often thinks over and over again for a sentence. The judgments he wrote have been rated as "Excellent Judgments" by the Xingtai Intermediate Court many times. In the annual year-end assessment, the case process rate, online rate of judgment documents, filing rate, and simultaneous generation rate of electronic files are all 100%. Since the normalization of epidemic prevention and control, he has taken the proficiency in using Internet court hearings to facilitate mass litigation as his new topic, and he has studied it carefully to become proficient in it.
Xin Shenqian often borrows the poem of the poet Wang Mian of the Yuan Dynasty to encourage himself: "Don't let people praise the good color, only leave the pure energy to fill the universe." Not forgetting his original intention, adhering to his faith, and protecting justice, he will continue to move forward firmly!
Editor: Di Lei Lu Jiaqi
