If the judicial temperature also has a temperature, how much should it be?

Temperature is our intuitive feeling of the hot and cold objects. If the judicial temperature also has a temperature, how much should it be?

On December 21 last year, the image promotional film "Temperature" released by the Sichuan Provincial Higher People's Court has resonated with the public in society.

On September 27, 2022, the first "Extraordinary Ten Years of Viewing the Court" series of live broadcast "Socialist core values ​​into judicial referee" with the Sichuan Provincial Higher People's Court, Chengdu Intermediate People's Court, and cover news in the "Extraordinary Ten Years of Socialism" The launch, live broadcast invited Fang Ruirui, the leader of the trial and guidance team of the Sichuan High Court of High Court, and Niu Yuzhou, deputy president of the Chengdu Central Court, to jointly focus on the Sichuan Court to advance the core values ​​of socialism into the judicial referee. Cases, explore the practicality and necessity of cultivating and practicing the core values ​​of socialism in the work of the people's court, and feel the strength and temperature of the judicialness together.

Core values ​​judge

Adopted son also has the right to "children"

During the live broadcast, Niu Yuzhou introduced such a case:

Wang was a retired employee of Dongfeng Coal Mine in Dayi County during his lifetime. Xiao Zheng is the lover of Wang's daughter. The two met in 2000 and established a love relationship. Unfortunately, Wang's daughter died early due to illness and left an elderly and unattended old couple.

On July 2, 2003, under the witness of the local village committee and neighbors, Xiao Zheng and Wang and Wang signed the "Fuzi Agreement". Since then, Xiao Zheng has also moved his household registration into Wang's residence. The three lived together to live together, and they were commensurate with "father and son" and "mother and son". In 2004, "Mother" Liu died unfortunately. Wang's parents, spouse, and only daughter have died.

On the night of September 13, 2017, when Wang went out of a bicycle, he collided with a sedan, and he died in the next day by rescue. The traffic police brigade of the Dayi County Public Security Bureau was determined that the car was responsible for all the accident, and Wang had no responsibility. The accident vehicle inspected the strong insurance and the third party liability insurance at the insurance company. The insurance limit was 500,000 yuan (including the non -proceeds), and the accident occurred during the insurance period. After dealing with Wang's funeral, Xiao Zheng sued the driver and insurance company to court.

The focus of the case is how to allocate compensation after accidental death? As we all know, there are spouses, parents, and children in the first place in the first place. "Children" bags do not include daughter and boyfriend and adopted son? That is, can non -close relatives become the right holder of compensation for death compensation?

The court believes that the indirect evidence in this case has formed a chain of evidence, proving that Xiao Zheng has reached the main support obligation. Xiao Zheng applied for three witnesses to testify in court, all the witnesses who signed the "Fuzi Agreement" that year, and a neighbor with Xiao Zheng and the deceased Wang, who can objectively and truly prove that Xiao Zheng and Wang's family life before his life The basic situation, and the local village committee also issued a written proof of the same content as the witness testimony. The undertaking judge also learned that a neighbor Wang was a witness to Xiao Zheng signed the "Fuzi Agreement". He introduced that Xiao Zheng is honest and has not worked in workers for many years, and has been living with Wang.

In the end, the Dayi Court made the first trial judgment: the insurance company compensated Xiao Zheng of more than 310,000 yuan. After the first trial was sentenced, the insurance company was not convinced of the first instance and filed an appeal. The Chengdu Intermediate People's Court made a second trial judgment based on the fact that the facts were found: the appeal was rejected and the original judgment was maintained.

"Residents have always been the hotspot and difficulty of social concern. With the development of society, the relationship between legal personal rights and obligations based on blood and marriage may no longer cover the increasingly complex social reality. The person listed as the main body of death compensation is conducive to promoting the core values ​​of socialism, and the social traditional morality that meets the public order and the elderly and the weak. "In the live broadcast, Fang Ruirui said.

The reason why the court supports the judgment that compensation for the death of the elderly to Xiao Zheng makes people feel warm, the key is that the judicial protection of the most simple and sincere exchanges between people. In this case, we not only see Xiao Zheng's integrity and kindness, but also the temperature and strength of the judicial judicialness.

Stay on the basis of new

Responsible for the diversified judicial needs of the masses

On January 19, 2021, the Supreme People's Court issued the "Guidance Opinions on the In -In -depth Promoting the Integration of Socialism's Core Values ​​into the Realing Demonstration of the Referee", which clearly stipulated that six types of cases should strengthen the use of socialist core values.

These six types of cases include:

First, cases involving national interests, major public interests, and widespread concern in society;

The second is cases involving epidemic prevention and control, rescue and disaster relief, heroes protection, seeing righteousness, legitimate defense, emergency risk aversion, helping others, etc., which may cause social moral evaluation, such as the "Wolf Yaoshan Five Heroes" reputation disputes, Dong Cunrui, and Dong Cunrui, Huang Jiguang Hero Heroes Martyrs' Honorary Rights Dispute Public Welfare Litigation;

The third is the protection of disadvantaged groups such as the elderly, women, children, and disabled people, as well as special groups of special groups. The parties of the lawsuit have large controversy and may cause widespread society;

Fourth, it involves public order, customs, customs, equality of rights, ethnic religion, etc., and cases that are controversial in all parties in the lawsuit and may cause widespread society;

Fifth, it involves new situations and new issues. It is necessary to conduct in -depth interpretations of legal provisions and judicial policies to lead the social style and establish a value -oriented case;

Other cases that should strengthen the use of socialist core values.

Based on the actual work of the Sichuan court, on the basis of extensive solicitation of opinions, the "Implementation Rules for Further Promoting the Integration of Socialism's Core Values ​​into the Realm of the Referees of Socialism" was issued. The Sichuan High Court organized the top ten court trial selection activities in the province's courts for seven consecutive years to incorporate the "promotion of the core values ​​of socialism" into the requirements of the participating trial case; carefully organized and carried out the ten good referee documents of the province's courts for four consecutive years, and clearly re -selected the application and application The core values ​​of socialism conduct a good document of referee documents; establish a perfect evaluation mechanism from top to bottom to stimulate the enthusiasm of judges' use of socialist core values ​​into judicial referees.

In terms of innovation and development of the core values ​​of socialism into the integration of judicial referees, the province's tertiary courts have their own innovative highlights.

For example, 4,829 cases of the two -level courts in Chengdu, and 1604 cases were promoted to promote the judgment of the party to actively perform 885 referee obligations; Create the volunteer service project of "Fa -French Kirin · Guardian Sunset", and cooperate with the city to care about the next generation of work committees, carry out full -coverage of domestic and secondary schools in primary and secondary schools, respecting the elderly and old -fashioned activities, and effectively promoting the core values ​​of socialism; The order of order formula is sent into enterprises, serving the agricultural science and technology park, brewing base, and conducting a special tour of the rule of law on the "prevention of campus bullying", and promoting the construction of Ping An campus.

Last year, the "green peppercorns" tried by the Sichuan Court has aroused widespread attention and discussion in the whole society, and wrote the work report of the Supreme People's Court in 2022. The case gives full play to the value -oriented role of judicial referee. Through the "small cases" around the masses, the "big truth" that reflects the core values ​​of socialism, provides correct guidance for the behavior of the masses, further promote the spirit of the rule of law, cultivate the rule of law belief in the rule of law , Spread the good morality.

The Sichuan Court will continue to deepen value leadership, further promote the integration of the core values ​​of socialism into the referee's text and interpretation of the law, and at the same time rigidly promotes the questioning work after the judgment, and strives to make the parties to both parties in the case "consume", so that the people can truly feel fairness and justice and just feel fair and justice. Around you, feel the power and temperature of justice.

Source: People's Court News Media Headquarters

Reporter: Jiang Zhengyong

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