Did the judge's "case handling artifact" unexpected?
Author:Tianjin Senior People's Court Time:2022.08.05
There are a lot of "case -handling artifacts" of the judge
It can be a legal book that is often released
It can be a must -have instant noodle for travel
Can be the "cool oil" of refreshing the brain
It can be a "fat sea" that can be used for mediation
But do you know? One of the judges' "case -handling artifacts" is his "car", and this car is still an electric bicycle.
Judge trial case
What does it have to do with electric bicycles?
Let's get to know it today
Judge Kang Liwei of the Three courts of Jizhou Court
(△ Kang Liwei went deep into the community and preached the "Civil Code" to the community residents)
At 2 pm, Judge Kang Liwei, a judge of the Jizhou Court, launched his own electric bicycle from the car shed and prepared to visit a family visit to a family visit.
(△ Kang Liwei rode an electric car to the parties' home)
Kang Liwei was 38 years old and came to the Jizhou Court 10 years ago as a civil judge. He is now driving a grass green electric bicycle with a very small appearance. This is his second electric bicycle:
This is my second car. The first car has been used for five or six years, and the battery is out of power. It is not easy to change the battery, so buy a new one. The battery capacity of this car is large, and the number of kilometers can be run. You can run 70 or 80 kilometers at a time.
The party's home is about 4 kilometers from the Jizhou Court
Kang Liwei and the secretary ride a bike together
It took less than 10 minutes to get to the party's home
At this time
One of the parties to the case
This old mother is waiting at the door to be waiting for Kang Liwei
(△ I heard that Kang Liwei came to the door to make a record, the old lady waited early at the door)
Treatment of this day
Is a case of family support disputes together
Derdisting property dispute cases
Kang Liwei said that this family has two sons. Before, the old father and mother took turns to live in the brothers' homes and lived in their old age. However, the old father was paralyzed in bed suddenly, and no one was willing to retain the old man, thereby causing support for support. In order to mediate, he ran four or five times to the party's house.
Under the mediation of the court, the maintenance dispute was solved by mediation. The eldest son paid his parents a certain maintenance fee, and his parents lived with the younger son.
The mediation case
How can a new case derived?
Kang Liwei said that the eldest son's family later felt that he had too much maintenance, so the brothers had a dispute over the problem of property distribution and sued the court. Because the old father as one of the parties was paralyzed in bed and could not go to the court, Kang Liwei made a special record for his old father to hear the old man's statement of property distribution.
There are contradictions and emotions in such a case of family disputes. However, it can only be explained by this law, interpretation of the law, and by telling him the distribution of these reality, the handling of interests, and the mediation can still be adjusted.
Kang Liwei is easy to say
But when communicating with the parties
But it's not so easy
One -door
The old mother of this family has poured the great water to Kang
I haven't entered the topic for half an hour
(△ Old lady poured hard to the judges)
Gao Liwei and colleagues have been patiently listening to the elderly and soothing emotions. When the transcript is returned to the court, it is almost 4 o'clock.
This kind of family case that sounds a headache does not sound fresh in the three courts. In the first seven months of this year, there were nearly 200 households in the trial. In these cases, the second place in the case of supporting the problem is the second place.
On the one hand, there are more children with old people. The children are born with spans. Different age stages and living conditions are different. Therefore, they are not the same for the elderly after the family establishment, so they compare each other. On the other hand, when the elderly are old, they pay differently to these children's different families, so they have a certain degree of contradiction in these children, including daughter -in -law and parents.
The old saying: The Qing official is difficult to break the housework. How to break these family cases? It is inseparable from the detailed work of the judge. Kang Liwei also often rides his own electric bicycle to field investigation or visit.
(△ Driving an electric car, Kang Liwei who ran on the road)
In the process of reviewing the case, we will focus on investigating and mediation of the case. Through visiting the countryside investigation, we will understand the conflict points of different cases, and the interests of the parties between the contradictions. The way to solve contradictions helps us to achieve a good effect during the case mediation process. Because through mediation, on the one hand, it means that the parties can understand the awareness of law -abiding, and on the other hand, through our mediation work, the parties can realize the efforts of our judges' work, and ensure that the case can be concluded and executed smoothly.
(△ Go deep into the parties to visit on -site, listen to the opinions of all parties, and help them maintain their affection)
(△ In the case of supporting the case together, Kang Liwei talked cordially with this mother to understand the elderly’s lawsuit)
(△ The situation of the parties in the village committee and the customs and habits of the village)
In fact, Kang Liwei is an old driver who has 12 years of driving age
I also have a car myself
But since 2012, I came to work in Jizhou Court
Just replace the car with more convenient electric bicycles
He clearly remembers
I first in the Maidaqiao court
Shortly as a civil judge
I encountered a case that excluded the hindrance to eliminate the obstacle case, which involved the delineation of the land boundary. His litigation request was to clear the things piled up by other people in his land. It was not their family that he said at all, and he prosecuted blindly.
Seeing that the difference between the two parties is relatively large
Kang Liwei immediately decided
Bring the cadres of the village to the scene for survey
It was also called the cadres of the village committee. The place involved was a slope, not any place for them, and the public area in the village, so he asked to exclude the obstacles and no basis.
After returning to court
Gang Liwei ruling according to law
Rejected the plaintiff's claim
The parties are convinced and orally
No appeal
Kang Liwei said that most of the cases in the village are small contradictions between neighbors, but if small contradictions cannot be resolved and improperly handled, they will be upgraded to large contradictions. The judge just listened to the statement on the court and was not enough to see evidence. He had to go to the village to visit the investigation.
2017
Kang Liwei was transferred to the current three courts of the Jizhou Court
The main trial here
Family disputes such as divorce, maintenance, etc.
Also called "Family Court"
The judge goes out to visit more.
Inherited the class, the category, we often go down, and sometimes the divorce class will go. For example, if the defendant does not come, we will often go down, and then understand the actual situation, the situation of separation, the fighting should be contradictory. What happened to this fact? This is also good for our referee cases.
Currently
There is a divorce case in Hang Liwei
They issued a subpoena to the defendant
But when it comes to the trial
The defendant did not appeal in court to respond
The daughter -in -law sued the man's divorce, but the man was sick, the cerebral infarction, and could not speak normally! We will go to their house next week, go to the village committee to understand his condition, behavior ability, and see if you need to take special procedures, and declare on his behavior. If there is a problem, you still You have to specify the guardian.
In order to review each case together
Kang Liwei often drives his own electric bicycle
Go to field survey and visit
Electric bicycle riding one by one
I bought another another
Under his drive
Now handling the case with him
Secretary of the Three Court of the People's Republic of China Wu Yumeng
I also bought an electric car
After cooperating with Judge Kang, the case he hosted was mainly near the urban area, and then we would ride an electric car. In fact, it is more convenient, because in this case, we can go at any time and make time with the parties. It's right.
(△ Kang Liwei on the road on the road again)
"Home and everything", Kang Liwei said, this is the goal he is pursuing.
- END -
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