I do practical things for the masses | Ping An Court: The first one!"Pre -Response" opens a new model of diversified solution
Author:Qinghai Provincial Higher Peop Time:2022.08.09
In order to implement the work requirements of the "unrestrained mechanism of non -litigation disputes", solve the diversified resolution of contradictions and disputes, and further promote the establishment of the "Court of Practical Demonstration Court for the Mass". Recently, the Ping An Court made full use of the online functions such as the people's court mediation platform, successfully resolved a contract dispute between buying and selling contracts, and issued the first civil mediation letter of the "Pre -Prosecutor".
The case reviewed Ding Mou and Ma Moumou on June 9, 2022, and signed the "Second -hand Car Sales Contract" in the second -hand car trading market in the Xiaoxia second -hand car trading market. One of them, the agreed vehicle price is 64,800 yuan, and Ding will pay 60,000 yuan at a one -time payment. After the contract is established, Ding will pay Ma Moumou 59,000 yuan to Ma on June 9th. Limited, Ding can only transfer to Ma Moumou through two WeChat signals, and because both WeChat has reached the transfer limit, the final down payment amount is changed to 59,000 yuan. On the day of the transfer, Ma Moumou also delivered the vehicle to Ding Mou as agreed. However, when Ding Mou and Ma Moumou went through the transfer formalities, Ma Moumou repeatedly delayed it. In order to safeguard his legitimate rights and interests, Ding Mou complained to the court.
After the court's mediation received the litigation materials, the police officer filed the case of the case, based on the case conditions, basic facts, and evidence materials, and the case was briefly located and diverted to the fast -tailoring team for handling. The undertaking judge believes that the legal facts of the case are clear and the dispute between the two parties is not large. Then he contacts the original and defendant by phone to patiently explain relevant legal provisions and the advantages of fast and convenient mediation before the lawsuit. Solving disputes through the method of mediation before the complaint. After obtaining the consent of both parties, the judge quickly launched the pre -claim mediation procedure and organized the two parties to mediate. Under the host of the undertaking judge, the two parties finally reached an agreement and signed a mediation agreement on the spot. After the judge was reviewed, the civil mediation document of the "pre -complaint" case was issued to both parties in accordance with the law, and it was clearly stated that the parties should consciously fulfill their obligations in accordance with the regulations of the mediation. Legal basis for execution.
The "Pre -Law Regulation" and "Pre -Law Development" are the new case number began on January 1, 2022 of the Supreme People's Court. According to the notice issued by the Supreme People's Court in September 2021, the people's court applied for a judicial confirmation and issuing mediation cases after the pre -mediation of the people's court. Starting on January 1, 2022, after the mediation of the predecessor, the case of judicial confirmation and issuing a mediation letter can be compiled separately and the case number of "pre -litigation" and "pre -litigation adjustment". The word "Chu Chu" case number.
The referee documents issued by the "Pre -Law Development" and "Pre -Law Development" also have legal effects. For those who have the content of perception of obligations, one party fails to perform after the deadline, and the other party can apply directly to the people's court for enforcement. At the same time, the application of judicial confirmation and issuing mediation documents has a lower cost, more efficient, and more convenient advantage compared to litigation procedures.
In the future, the Ping An Court will continue to optimize judicial services, explore new ideas of dispute resolution, and based on understanding the judicial needs of the parties, give full play to the positive role of the pre -compliment to mediate the work mechanism and quickly resolve contradictions and disputes to provide the people with high quality and efficient efficiency Convenient judicial services.
Supply: Ping An Court
Edit: Luo Chujiang
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