"China Judgment" promotes the work experience and practice of the Dushan Court

In March of this year, the Dushan People's Court of Wuling District, Changde City, Hunan Province, successfully mediate a case of disputes in the construction site of the park to provide a labor -liability of labor. The judge went to the construction site to interpret the law. In the end, the construction unit, insurance company and the victims reached a compensation agreement.

The successful mediation of the case is the epitome of the Deshan Court to protect the legitimate rights and interests of migrant workers, serve more than 9,700 market entities in Dushan Industrial Park, and serve the "Five Good Parks" of the Changde Economic and Technological Development Zone.

How can a "small" court help the "big" governance of the business environment in a district? In the eyes of business owners of the Changde Economic and Technological Development Zone, the Dehan Court has brought new changes to enterprises: the awareness of the rule of law has increased, the legal help channels are more convenient, and the treatment of legal issues is faster. The Dshan Court properly handled the implementation of the enterprise -related execution cases through efficient and fast trial disputes in enterprises, extending functions to solve problems for enterprises, and brought vitality and vitality to the construction of the business environment in the jurisdiction.

High -efficiency mediation dispute -related enterprise disputes

Improve the "acceleration" of the business environment

"On January 15 this year, we received a car purchase payment by the West Shuangshuang Version of Yunnan Xishuang Version. Thanks to the judges for their efforts for us." Company ") Mr. Li, the person in charge.

In July 2019, Xishuangbanna's Tourism Passenger Transport Co., Ltd. purchased 14 tourist buses from Changde. In early 2020, affected by the epidemic of new crown pneumonia, the tourism industry was severely damaged. Due to business difficulties, the company's car purchase of more than 5.396 million yuan has not been paid.

After the case was filed in the Dishan Court, a company applied for property preservation, and the defendant's bank account and houses were seized according to law. When connected to the defendant's video, the judge learned that due to the epidemic, the tourism operation was bleak, and the defendant company did not have a source of income. At the same time, the defendant's company was frozen by the court and could not apply for a loan from the bank, which was in a situation of dilemma.

The judge immediately contacted Changde's company's litigation agent. After communication, Changde's company agreed to resolve disputes through negotiated treatment, allowing the defendant to restore the operation as soon as possible and repay the debt in batches in stages. After the two parties signed a mediation agreement, the undertaking judge immediately lifted the seizure of the defendant's bank account and the house. From the file to the mediation to the thawing, the judge only took 20 days.

Since 2021, the Dehan Court has accepted 977 cases involving enterprises, with 683 mediation cases, and 70%of the mediation rate. In order to further promote the resolution of contradictions and disputes, the Dashan Court's complaints and source governance workstations were unveiled and established in the small and medium -sized industrial park of the Changde Economic and Technological Development Zone, promptly safeguarded the legitimate rights and interests of the enterprise in accordance with the law, actively promoted the mediation of case -related cases, and put the case on the production and operation activities of the enterprise. The influence of the minimum.

Adhering to the concept of goodwill

"Putting water and fish" promotes a win -win situation

On May 10 this year, the Executive Team of the Deshan Court received the banner and thanks sent by the parties to the case.

It turned out that in February 2020, a light energy equipment Co., Ltd. (hereinafter referred to as "a certain light energy company") in Hanshou County, Hunan Province (hereinafter referred to as "a certain light energy company") purchased a boost transformer at a certain electrical technology limited liability company (hereinafter referred to as "a certain electrical company") in Hunan The total value of related accessories and facilities such as the mid -cabinet is 460,000 yuan. However, a certain light company only paid 200,000 yuan, and the remaining 260,000 yuan was delayed. In September of the same year, an electrical company sued to the court.

After the case entered the execution process, the executive judge found that a light energy company belongs to the government's support for a new type of industry. Because of its large investment in the early stage and low return, it is difficult to operate. At the same time, the company has always operated with integrity and has good reputation. If the frozen account is mechanically seized, "one persistence" will cause the company's cash flow to flow normally, which will affect the normal production and operation of the company, and even "forced the road".

The worries of an enterprise are the minds of the judge. The undertaking judge adheres to the concept of goodwill and prudent implementation, and strives to find a balance point that can safeguard the interests of both parties. In the end, by adopting the amount of the accounts of the executed person's account, the "win -win" of the applicant's right to guarantee and the production and operation of the executed person has achieved the purpose of relieving difficulties for both parties.

The rule of law is the best business environment. Speed ​​speed is to "reduce the burden" for the enterprise. In March of this year, the execution team of the Dehan Court was established, and 163 cases were completed in more than 40 days. Executive judges always adhere to the concept of goodwill, while taking implementation measures in accordance with the law, pay attention to implementation strategies, focus on execution methods, and flexibly use the implementation of reconciliation, installment performance, etc. Assure.

Judges preach the law to corporate employees

"Customization" legal service

Precision escort enterprise development

How to solve the difficulty of repayment and whether there is a legal loophole in the buying and selling contract ... In response to the various legal issues encountered by the enterprise in operation, the Dehan Court actively acts to launch the "customized" legal services Resistance to risk and provide accurate judicial services for enterprise production and operation.

A New Energy Co., Ltd. (hereinafter referred to as "a certain new energy company"), which is located in the Changde Economic and Technological Development Zone, is a high -tech enterprise. Since 2020, the Dshan Court has accepted 17 cases of the company's trading contract disputes, and more than 34.243 million yuan involved in the case. In November 2020, a company in Jiangxi purchased a lithium battery produced by a new energy company and did not question the quality of the product after delivery. In December 2021, a company in Jiangxi sued a new energy company to court on the grounds of quality problems.

During the mediation process, Wang Xianmeng, the president of the Deshan Court, found that the sales contract signed by the original and the defendant did not make a clear agreement on the quality inspection of the product delivery. The case is a legal dispute caused by the irregularity of the contract.

Wang Xianmeng had communicated with the original and the defendant many times. In the end, the case was for mediation. At the same time, in response to the loopholes of the contract, the court suggested that the company optimizes the contract of buying and selling. The quality inspection of the contract delivery should be clearly stipulated: "The test found that the product does not meet the quality and technical standards of the contract. It was proposed within 15 days. After confirming that the product did not meet the agreed quality and technical standards, the supplier agreed to return and exchange within one month after arriving. It is deemed to be the quality requirements and technical standards stipulated in the contract. "By suggesting to improve the terms of the contract, the Dehan Court guides the enterprise to move the legal risk control. Promote corporate standards to regulate their own behavior and resolve contradictions and disputes from the source.

In addition, the Dshan Court also regularly carried out the "rule of law" of enterprises, organized the "sending the law into the enterprise" activities, and carried out publicity of the law. Regarding legal issues that plague the development of the enterprise, professional judges "diagnosed the pulse" and "prescribed prescriptions" for the enterprise to a certain extent enhanced the awareness of enterprises and defending rights in accordance with the law.

"Our hospital will continue to play a trial function, maintain a benign linkage with enterprises, provide high -quality judicial services for the economic development of the enterprise, and strengthen the protection of the rights and interests of small and medium -sized enterprises. At the same time, accelerate the standardization of the people's courts, and promote the transformation of the dispatch of courts towards professionalization." The dean of the Wuling District People's Court said when he talked about the next work.

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