Original title: Brothers and sisters are not in love
Judge Yang Min of the Dipu People's Court of Anji County People's Court, Zhejiang Province
It was already 8 o'clock in the evening when the case was mediated. The tense atmosphere just now gradually eased. Everyone was too busy exhorting each other to pay attention. On the way to eat, but at this moment I am more satisfied than after eating a big meal.
There are five brothers and sisters in the old Zhang family. A Liang is the fourth eldest son in the family. He has been mentally retarded since he was a child. He has been working in a company for disabled people since he became an adult and has been staying in the home of his married eldest sister for many years.
A few years ago, during the construction of new rural areas, A Liang was assigned a homestead in an excellent location due to house relocation. After mediation by the village committee, except for A Liang's eldest sister, all other brothers and sisters signed and agreed that A Liang's second brother should be his guardian and fund the construction of a house on A Liang's homestead. From now on, A Liang will live with his second brother. But within just one month, A Liang found it difficult to adapt to the new environment and returned to her eldest sister's house.
"He is not taking care of him, he is clearly usurping it!" Seeing that her second brother is enjoying the new house with peace of mind, but A Liang is still being taken care of by her, Sister A Liang's dissatisfaction intensifies day by day.
Not long after, A Liang’s eldest sister filed a criminal private prosecution on the grounds that her second brother was suspected of embezzlement. The lawsuit was withdrawn due to insufficient evidence. Then she filed a lawsuit to ask the court to re-appoint a guardian for A Liang. This time, she sued again, demanding that the mediation agreement sealed by the village committee be confirmed to be invalid and that her second brother return the homestead.
This is the third time that the Zhang siblings have gone to court. I decided to take a look at the "encroached" homestead.
This is a new independent three-story building. A Liang's bedroom is a sunny room on the second floor, with all furniture and daily necessities. During the visit, the village secretary told me the story of the old Zhang family and the process of signing the mediation agreement.
simply decides whether the mediation agreement is valid and treats the symptoms rather than the root cause. If the problem of A Liang's life and property supervision cannot be solved from the source, the outcome of this case will inevitably lead to other cases.
The family needs to sit down and resolve the matter. After many visits to persuade, everyone agreed to have another negotiation. When everyone came to the court, A Liang's eldest sister emotionally told about the hardships and grievances she had suffered over the years. A Liang's second brother accused his eldest sister of taking away all of A Liang's salary for selfish reasons.
"Sister, we do not deny that you have taken care of A Liang for many years, but your financial situation is getting worse and worse, and you still have foreign debts. How can we rest assured that you can continue to take care of us?" A Liang's third sister and fifth brother also expressed He expressed his worries, "Besides, eldest sister is getting older and older. When you yourself need someone to take care of you, who will take care of A Liang?"
Just when all parties were quarreling, I opened the large screen of the mediation room. , played a video I shot at A Liang’s workplace. Looking at A Liang's silent figure, who was working with his head down, the mediation room gradually became quiet.
"Although it is difficult for upright officials to resolve family matters, resolving family disputes is nothing more than a matter of 'emotion' and 'reason'. Everyone actively strives to take care of A Liang themselves, which is a good thing." I took advantage of the situation and started mediating work.
"I believe you can all take good care of A Liang, but now we should start from the perspective that is most beneficial to him and negotiate together the most suitable protection plan for his later life. But no matter who takes care of and supervises A Liang's property next, It is only fair that the other party’s efforts should be properly compensated.”
Perhaps it was the silent and hard-working figure of A Liang in the video that awakened the softness in everyone’s hearts. A Liang's eldest sister was relieved at first, saying that she was nearly 70 years old and was really not suitable to take care of A Liang all the time. Although she was reluctant to give up, she agreed that A Liang should live with his second brother.
"I am also willing to pay to subsidize my eldest sister's efforts over the years. From now on, we will supervise each other and take good care of A Liang." A Liang's second brother immediately expressed his position.
The family’s first reunion photo was taken in the court mediation room.
The family is the foundation of social stability. With changes in family structure and marriage concepts, the types of family disputes are becoming increasingly diverse and complex. The People's Court hears the most basic, traditional and typical cases. Family disputes are related to the vital interests of the people and have attracted much attention from society.The mediation of family disputes is not about "making peace", but on the basis of pursuing fairness and efficiency, using emotion to resolve "heart knots", using heart to turn "matter knots", using reason to clarify "legal knots", and resolving disputes in a "package" way. It is in line with the traditional Chinese culture of "putting aside lawsuits", "peace is the most important" and "everything thrives when a family is harmonious".
(Compiled by Li Yanxin and Yao Rui) (Yang Min, Li Yanxin, Yao Rui)
