"Judge Li, I just got off work, and the road is very congested today. Can the trial time be postponed?" One night in late April this year, Li Yang, judge of the People's Court of Chuanying District, Jilin City, received a call from Mr. Wang who was far away in Shenzhen.
Mr. Wang is a party to a financial loan dispute. Due to the epidemic, he was unable to return to Kyrgyzstan to participate in "face-to-face" mediation. In order to facilitate the parties, the judge Li Yang, who handled the case, used the "night court" to conduct online mediation of "screen-to-screen" for both parties through mobile micro court . At 11 o'clock that night, under Li Yang's patient work, Mr. Wang and the bank finally reached an agreement.
24 hours a day, and resolve disputes anytime, anywhere, nearby. It is a microcosm of the new model of "three vertical and three horizontal" all-round and three-dimensional litigation source governance in the Shipbuilding Court. In recent years, the court has vertically integrated into the whole-region co-governance chain by strengthening the benign interaction between the government and the court, establishing a "grid + N" working mechanism, and promoting the three-level coordination of "outside the door" of community (village) grid microgovernance; relying on the "one-stop" construction, litigation and mediation docking system and mechanism, and the "inside the door" of multiple litigation source governance platforms, horizontally integrating into the joint prevention and resolution channels, weaving a "filter" of contradictions, keeping the "introduction of disputes" firmly, and timely and effectively resolve large amounts of disputes before litigation.
From January to June 2022, the Shipbuilding Court accepted 2,182 new cases, and the number of cases received decreased by 41.70% compared with the same period in 2021 and a decrease of 14.09% compared with the same period in 2020. civil and commercial cases pre-trial mediation export rate is 95.47%, and mediation success rate is 87.47%.
force forward and trace the source "outside the door" dispute is adjusted on the spot
Not long ago, due to the leaking roof of the bathroom, Mr. Li, the owner of Xingangwan Community in Chuanying District, had a big blush with Mr. Zhang on the upper floor. The two of them had a dispute and divided the responsibilities into the community's "Materials and Materials Commission" to find a grid judge to evaluate the matter.
Baiying District is the old city district of Jilin City. In recent years, owners and property companies have often come to court for inadequate services and underpayment of property fees. Among the civil cases accepted by the court, property disputes account for about one-fifth of the total. Property disputes have become a prominent issue affecting the harmony and stability of the grassroots.
"Solving disputes requires not only the end and the treatment of existing diseases, but also the front and the treatment of premature diseases." said Wang Huiming, president of the Shipbuilding Court.
In order to quickly resolve property disputes involving people's livelihood, the Shipbuilding Court, on the one hand, jointly established a property joint mediation center with Jilin Property Dispute Mediation Committee, District Housing and Urban-Rural Development Bureau, Street People's Mediation Committee, and Industry Association to jointly resolve dispute cases with prominent contradictions such as mass arrears of property fees and property companies' inaction and acts; on the other hand, it expands the radiation prevention radius at the front end of source of litigation governance, and carries out special activities of "judges entering hundreds of enterprises", establishes a "grid + source of litigation governance" working mechanism, etc., to promote judicial forces to move forward, trace the source of prominent contradictions in the field of social governance, and find ways to prevent and resolve disputes from the source.
The grassroots are a high-incidence of contradictions, and this is the focus of source governance. In recent years, while continuing to promote the creation of "no lawsuits" communities (villages), Chuanying Court has achieved comprehensive connection with 55 communities and 59 administrative villages in 11 streets and 4 townships in the district, allowing judges to enter the grid and play a role in social microgovernance. "Access" judges adopt a combination of fixed + flexible, online + offline methods to carry out legal publicity, legal consultation, circuit trials, social conflict resolution, judicial confirmation, and guidance on people's mediation to ensure the protection grid. They turn "sit in the classroom to ask questions" to "take the pulse at the grassroots level", and realize "whether conflicts arise, legal publicity and resolution work will be done wherever conflicts arise", and use the "rule of law" to open up the peripheral cycle, reduce governance costs, and improve governance efficiency.
Convenient and beneficial to the people and never close "in-door" disputes are resolved in one stop
At the end of March this year, according to the needs of epidemic prevention and control, litigation service venues were temporarily closed. In order to meet the judicial litigation service needs of the people in special periods, the Shipbuilding Court uses the "night + online" and "holiday + online" litigation service methods to carry out "cloud mediation", "cloud trial" and "cloud execution" for the parties anytime and anywhere to ensure that cases entering the "door" do not deposit and disputes do not intensify.
Using the achievements of smart court construction, it is not only a judicial convenience measure, but also a vivid practice of the construction of a "one-stop" dispute resolution system for ship camp courts.
In recent years, the Shipbuilding Court has adhered to the concept of resolving disputes in litigation services, and has promoted the upgrading of litigation services through the optimization and upgrading of litigation services. They have built a litigation service center that integrates three functions: filing services, litigation and mediation docking, and judicial aid, and improved the working mechanism of linkage and rapid response of the whole court, and formed a litigation service system integrating "department and network inspection" such as counseling, registration and filing, diversified mediation, quick trial, delivery and preservation, petition reception, and appraisal, so that parties can obtain a good judicial experience of "one-time number pickup, one-window acceptance, one-stop service, and one-time handling" in the litigation service center.
To enrich the carrying capacity of "one-stop" dispute resolution, in response to the fact that the proportion of housing transaction disputes, labor remuneration disputes, road traffic disputes, and financial disputes in the first instance civil and commercial cases has been increasing in recent years, the Shipbuilding Court has actively integrated resources such as people's mediation, administrative mediation, and industry mediation to expand the "circle of friends" for multi-dispute resolution, and built five major mediation platforms for labor, property, medical care, private economy, and financial disputes, creating a "menu" expert mediation service model for the people. When encountering industry disputes, the parties "order" from the expert database, and can independently choose a mediator to mediate, achieving good results of professional dispute resolution and industry dispute experts.
From January to June 2022, 4,181 conflicts and disputes were mediated through the mediation platform, 3,443 were successfully mediated, with a resolution rate of 82.35%, and the average mediation time was only 3.32 days.
case "batch processing" for slimming, and the trial was accelerated. In order to recover more than 20 million yuan in contract payment, Mr. Liu and others negotiated with a company many times over the past 10 years without success. In May this year, 18 parties involved in the contract dispute handed a complaint to the Shipyard Court.
The court quick trial team believes that the plaintiff has a large number of people, but the litigation subject is the same type, which meets the representative litigation conditions in the "Guidelines for the Trial of Representatives for Mass Disputes" of the Jilin Provincial Higher People's Court. Subsequently, under the guidance of the judge, 18 plaintiffs launched 2 litigation representatives, , to participate in the litigation.
Before the trial, the judge of the collegial panel actively communicated with the plaintiff and defendant, and found that both parties had the intention to resolve the matter. After explaining the law and clarifying the rights and obligations of both parties, the judge finally prompted the two parties to reach an mediation agreement. The next day, the defendant paid all the contract payments.
10 disputes, 18 cases, and the case was settled in 3 days. With such high quality and efficiency, "representative litigation + quick mediation" played an important role.
In recent years, in order to save judicial resources and reduce the litigation costs of the parties, the Shipbuilding Court has improved the "division and adjudication" mechanism, refined the litigation and mediation docking mechanism, and relied on the quick trial team to achieve seamless connection between the divergence of traditional and simple cases, pre-trial mediation, and quick trial. In practice, for simple civil cases that are not very controversial, full-time mediation judge assistants will be selected to be transferred as soon as possible. For cases that are prone to intensify conflicts and are more urgent, a "green channel" for litigation will be opened to make quick trials to resolve disputes in a timely manner and avoid intensification of conflicts. For mass dispute cases, the representative litigation system is used to "merge similar items" to "slim down" the case, and implement " batch processing " to truly allow dispute resolution to enter the "fast lane".
From January to June 2022, the quick trial team accepted 1,093 cases, closing rate 98.72%, and 801 cases were settled and withdrawn; 1,955 pre-trial mediation cases, 1,710 disputes were successfully blocked from the litigation procedure after mediation, with a mediation success rate of 87.47%. The role of diversified dispute resolution and trial work to promote and improve each other and jointly emerges.
Prevention first, non-litigation support first, and final judgment, adhere to and develop the "Fengqiao Experience" in the new era. In the continuous promotion of the "full-chain" dispute resolution system of co-governance, joint litigation and non-litigation, and quick industry trial and judgment, the Shipbuilding Court has embarked on a new path of adding harmony to the top and down-to-earth.
Image and text source: Chuanying District People's Court
