Politics and Law British List || Lu Yanbei: Loyal practical practitioners of the reform of electronic litigation

【Editor's Note】

In the peaceful age, the political and legal team was a team that faced the "wind" and "fire". It was a team of heroes and a team full of righteousness, vitality, and spirit. In order to fully demonstrate the spirit of struggle for entrepreneurship and hard work of Shenzhen Municipal Party Committee Political and Legal Committee, and to create a good spirit of the political and legal teams, since the publicity activities of the "Politics and Law British List" in 2016, a total of 211 outstanding political and legal police officers have been launched for six consecutive years. Advanced deeds report.

2022 is the beginning of consolidating the results of the education and rectification of the national and legal team education. In order to deepen the positive incentives, they continue to sing the praise of the Political and French models. This year, focusing on the theme of the "New Era of the Twenty Gongs". The column of the group of the British British, focusing on political and legal police, telling political and legal stories, transmitting positive energy of political and legal, and further conveying the good voices of political and legal voices to the whole society, promoting positive energy of political and legal energy, and creating a good social style that advocates English models, learn English models, and loves English models.

"I love the profession of judge. Since I chose to be a judge, I chose to dedicate and hardships." "Although I face incomplete cases every day, whenever I see a successful conclusion of the case, I will be hot, and my heart is full of my heart. Pride. "" Judicial services must have both justice and human temperature, so that the people can have more sense of gain and security. "... the Shenzhen Intermediate People's Court of the Tribunal of the Tribunal Agent Judge Chief of Judgment (Fourth -level senior judge) Lu Yanbei talked about the insights of the judge's profession. He was endless, with light in his eyes, enthusiasm and gentle, simple and firm.

Lu Yanbei is a native of Linxiang County, Hunan Province. After graduating from university in 2004, he was admitted to the Shenzhen Intermediate People's Court after graduating from university. He has always adhered to the first line of trial implementation in the past years. Work. In the past 13 years as a judge, she has not had a super trial of more than 2,000 cases in the execution of more than 2,000 cases, and has no effective complaints on the execution of more than 4,000 cases. In each trivial and complicated contradictions and disputes, she uses professional legal knowledge and simple humanistic feelings to make the parties feel the justice and warmth of justice.

Listen to the voice of the parties patiently, and answer questions with love

"Patient answering the client's phone, and trying to do a good job of interpretation and answering questions." This is Lu Yanbei's work habit of eighteen years. For the party's phone call, she should take over. While grasping the initiative of the judge, she should not be faced with the parties with the most frank attitude and the most sincere language. The doubts of the parties.

One day in May last year, Lu Yanbei was about to open the trial, and suddenly the phone rang. As soon as she picked up the microphone, she heard a scold, saying, "The trial of my husband's case was well tried. Why did you change it? Must be clear and change the judgment. " According to the party’s "complaint", she quickly found a specific case. It turned out to be a civil loan dispute. The original trial was called the plaintiff. She successively borrowed multiple money from the defendant many years ago. The final debit principal and interest rate are judged.

During the second trial, Lu Yanbei noticed that a borrowing parties said that the plaintiff's credit card was borrowed. Although the two parties incorporated the amount into the general debit, according to the spirit of the judicial interpretation and the minutes of the nine people's meeting, the contract established was the contract for establishing the payment was the contract was the contract. It is invalid, and the first instance supports 24%of the annual interest rate. It is said that the credit card we swiped is not money? The interest of our banks is higher than you judge. We have expected to get the money in Huizhou for a lifetime. Is this reasonable? "

Lu Yanbei patiently told the parties that as long as the case characteristics were explained, the judge had memories of the case, because each case was handled by it carefully. It has not been recovered for many years, and it took a day to account for a few times to calculate the amount and directly change the judgment. The purpose is to let them apply for execution with the judgment as soon as possible, and explain the preparation materials for the application for implementation.

"If you don't think you know, you can come to the court to understand it at one time, or write it as a written opinion to the assistant mailbox. This. After listening to the party's wife, the party was doubtful, and then did not call to question the second trial judgment, and Lu Yanbei did not receive the corresponding written materials.

Class case comparison discovery core characteristics, the rider determines to break through the traditional labor relationship

In the normal work, Lu Yanbei is used to using the China Magistrates Document Network and Fa Cai to carry out case retrieval, and provides reference cases and referee ideas for the handling of new cases through big data. When dealing with a group of labor disputes involving riders, Lu Yanbei learned that there were similar cases in the process of first instance. This kind of network employment was a new type of employment form that attached to the sharing economy and the platform economy, which belonged to a new type of labor dispute.

The company provided a labor service contract signed by the company showing that the two parties agreed that it was not a labor relationship and the riders gave up all the rights proposition based on labor relations. Lu Yanbei did not judge according to the effectiveness provided by the company's favorable cases. Instead, he used the French -letter platform case to search to find the substantial legal relationship between the two parties. She has been retrieved through keywords, key methods, and focus on the focus of disputes. No case in the Supreme Court has been found, the Guangdong High Court effective judgment, and the effective judgment of the Shenzhen Intermediate Court, and no guiding referee standards are formed. "According to the characteristics of the Internet era, the rider has data dependence on the employer. The employer uses big data to send orders, and use data information as a medium to manage and supervise it. Through comprehensive comparison of batch cases, Lu Yanbei extracted similar cases and reflected the same points and differences in the form of charts. The results of the visual retrieval found the core characteristics of the case and broke through the identification of the attributes in the traditional labor relationship.

Lu Yanbei quickly concluded the series of cases and determined the referee standards to ensure the legitimate rights and interests of the riders in time. After the verdict, she explained the case retrieval to the agent of the agent. Although the agent was a little disappointed with the result of the judgment, she did not mention the application for retrial. The appellant said happily: "The law is not able to avoid it, and the court is still a place where fairness and justice."

Actively participate in rapid reforms and use science and technology to change the lawsuit mode

The mobile micro Court was led by the Supreme People's Court and allowed the public to "move a lawsuit" WeChat mini -programs. It is an important carrier for artificial intelligence auxiliary trials. As the leading department of the Shenzhen Court's electronic litigation reform, the Speed ​​Tribunal has led the team to continuously explore and innovate since 2020, comprehensively improve digital intelligent assistance applications, gradually improve the mobile case handling system, and truly realize the full -type and full process of paperless paperless. Turn to handle cases. In all aspects of the case of the case, the exchanges of evidence, the opening of the trial, and the mediation, she actively uses the micro Court to open the court to allow the parties to remotely fight lawsuits, which greatly improves the efficiency of trial.

In late February 2020, Lu Yanbei received a group of cases of recovery of labor compensation. The appellant was a company that had stopped operating. The appellant returned to his hometown and scattered in different provinces in Hubei, Henan, Shaanxi and other provinces. Among them, of which A representative of an employee heard that the company was in a hurry to go through the cancellation procedures and apply for the court to verify the property clues to preserve property. She immediately contacted the shareholders to patiently clarify the relevant regulations of the company's law and informed the company that it would not affect the employee's legal responsibility as a creditor's legal liability for shareholders, and soon the shareholders responded to the unified mediation.

Because most employees were influenced by the epidemic, they could not return to Shenzhen. Lu Yanbei guided the company and all employees to register the micro courts to organize the rapid reach of reconciliation plans in multiple videos. After completing the delivery to both parties, the masses "do not have to run at a time."

The use of the micro Court has made the parties possible to "not come to the court to open the court", and the reform of the recording and video recording method has made the parties "say in the court to say" became a fact. In May 2020, Lu Yanbei led the collegiate panel to test the reform work of the trial and trial recording method. Code, etc., eliminate the parties 'doubts about "paperless records", and more importantly, to fully protect the parties' debate. In order to summarize and publicize the experience of rapid e -lawsuit reform, she has repeatedly taught the use of courses of micro -courts to the police of the city's courts. Dynamic adoption.

【Honors】

2011年度被评为先进个人、立个人三等功；2013年度被评为业务能手；2016年度记繁简分流改革个人三等功；2017年度记清案工作三等功；2017年度、2018年度、 In 2019, 2020, and 2021, they have been rated as advanced individuals in the hospital. They have been comprehensive three -class merits since 2018. The collegiate panels led by the 2016 and 2017 Qing cases are awarded; 2020 have made third -class merits. He was rated as an outstanding Communist Party member of the Shenzhen Municipal Intermediate People's Court; in 2021, he was rated as the advanced model of Shenzhen courts.

Article Source: Shenzhen Political and Law

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