Behind every case is a period of life, every sound of the gavel bears witness to fairness and justice, and the hard work of every court officer is for the people's full sense of judicial gain. A trial, an execution, an interview, a document, a meeting, a survey... what the court police officers see, hear, feel and understand are all compiled into a collection of five flavors of life, various situations in the world, and contain work experience and handling of affairs. Philosophical Judicial Notes. The "My Handwriting My Heart" column of the Fujian High Court's new media invites Fujian court police officers to use down-to-earth and smoky words to review their mental journeys, record daily cases, share "secrets" and "treasures", tell good judicial stories, and convey the rule of law. positive energy.
is here to share with you the time fragments and exclusive memories of Fujianese people. Welcome to collide ideas, discuss and exchange ideas with us!
today shares the case-handling story of Lan Liqun, a member of the Party Committee and Vice President of Luoyuan Court.
"A Mediation that spans a life"
When is the most fulfilling time to be a judge? Maybe everyone has his or her own answer. For me, I previously thought it was the rise and fall of the gavel of criminal trials to punish evil and promote good. But now, my answer is that when I see the parties involved burying the hatchet and shaking hands and rejoicing, that is when the case is truly settled. And this transformation results from a life-spanning mediation.
I have been engaged in criminal trial work for more than 20 years, and I am accustomed to the clear-cut, black-and-white, crisp criminal case-solving style. After the implementation of the case-handling responsibility system of the president of the court, I became a member of the civil trial team and began to handle various civil disputes that were troubled by parents' personal differences. Sometimes I am still a little uncomfortable with my mother-in-law and the noisy case trial process. No, this is another strange case.
A lawsuit without a winner
In 2021, a man, Li Ping, confirmed his relationship with his colleague Xu Li. In July 2022, due to various factors such as family and work, the two agreed to temporarily separate. Xu Li said that if Li Ping can pass the establishment examination and be admitted by the unit as a formal employee, she will consider reuniting. Unfortunately, Li Ping was not admitted by the recruitment unit. Li Ping was deeply in love with Xu Li and approached Xu Li many times. Xu Li was hesitant at first, but eventually rejected Li Ping's request to get back together. In February 2023, Li Ping learned from his colleagues that Xu Li had blocked him and publicly announced that she had a new boyfriend, and then went to Xu Li's residence late at night. After calling Xu Li to seek a meeting and being refused, Li Ping finally chose to commit suicide by jumping off the fire emergency exit of Xu Li's residence. He later died after resuscitation failed.
In July 2023, Li Ping's parents took Xu Li to court on the grounds of infringement of the right to life, requesting that Xu Li be ordered to compensate a total of 350,000 yuan for various losses.
As soon as I received the file, the clerk told me the story behind the case: "This case caused a lot of commotion in our local area at the beginning of the year. I heard that Li Ping's parents went to Xu Li's workplace and made trouble at home several times, and also on the Internet He said a lot of unpleasant things. The leaders of Xu Li's work unit came forward to mediate many times but failed, and her life was greatly affected." The local county is not big, and the slightest disturbance can set off a storm in the city, and such a suicide case due to love does not matter the circumstances of the case. No matter what, Xu Li, who is one of the parties involved, cannot avoid being caught in the whirlpool of public opinion. After a preliminary understanding of the case and reviewing similar cases, I realized that "in order to truly resolve this dispute, mediation may be a better choice."
A tense court trial
The idea of trying to promote mediation was decided, but in the face of How to reconcile the two sides who have deep grievances? I was at a loss and out of curiosity to further explore the case, I decided to contact the defendant alone to test the depth of his feelings for his ex-boyfriend and try to unlock the key to mediation.
"This matter has nothing to do with me. After I answered his call requesting to meet, I just felt that it was inappropriate to meet late at night and refused his request. Moreover, he was in a stable mood at the time and told me that it was okay and didn't say anything else. ...I feel that I have done nothing wrong and I should not compensate and do not agree to mediation." Unexpectedly, the communication with the defendant Xu Li was not smooth at all. Throughout the conversation, she was always on guard, unwilling to open up to us, and very resistant to compensation.
The plaintiff insisted on demanding compensation of 350,000 yuan without giving up a cent.
In this case, I decided to hold a court session first and let the two sides collide head-on in the court to hear who is more reasonable.
"She has been mentally and financially controlling my son during their relationship. She often talks ill of my mother in WeChat chats with my son, and encourages my son to leave us if he gets married. It was she who caused my son to commit suicide. …” During the trial, the plaintiff was very emotional and repeatedly mentioned some chat records that had little relevance to the trial of the case, and added his own speculations and reasoning. But I did not stop it. If the plaintiff's long-suppressed emotions could be expressed through the trial, it might be more conducive to promoting the mediation of the case.
However, during the trial, the defendant Xu Li did not appear in court, but instead entrusted an attorney with full authority.
"From the available evidence, there is no causal relationship between the death of the defendant and the plaintiff's son, and there is no fault..." The defendant's attorney stated one by one starting from the constituent elements of the infringement. "As a person with full capacity for civil conduct, the death of the plaintiff's son is regrettable, but it does not mean that the defendant will bear legal responsibility..."
After the trial, I could feel the plaintiff's pain of losing his only child. I originally thought that she would "act up" during the trial, but her performance was better than I expected. I promptly affirmed the plaintiff's restrained attitude during the trial. Not long after the trial ended, the plaintiff’s attorney expressed to us a willingness to mediate to reduce the compensation amount to 100,000 yuan.
But the defendant’s attorney secretly told me that Xu Li was only willing to compensate for 5,000 yuan. Based on my last contact with the defendant, I did not immediately contact the defendant for mediation work. Instead, I changed my mind and worked through her lawyer.
"The deceased has passed away, but the living will continue to face their future lives. I hope that both parties can consider further mediation after the court to settle this case." I expressed my attitude. For this kind of dispute in which the parties are particularly confrontational and the conflicts are particularly sharp, we cannot act too hastily. We need to appropriately "cold handle" it and give the defendant a certain amount of time to calmly consider it.
"50,000 yuan, she is willing to compensate up to 50,000 yuan." On the first day after the National Day holiday, I received a call back from the defendant's attorney. The lawyer told me that this was the maximum result she could strive for.
"The difference between the two parties is only 50,000 yuan, so there should still be drama. It's time to strike while the iron is hot and let the two parties meet!" I asked the clerk to arrange a time immediately and notify both parties to come to court for another mediation.
A heart-to-heart meeting
Although I have made some preparations, I am still not very sure about the mediation of this case. Is the plaintiff willing to give in further? "If the plaintiff doesn't agree to give in, you can..." The old president of the court was also giving me advice.
Considering that the plaintiff’s hatred for the defendant is undying, I sought the opinions of his attorney and decided to adopt the “back-to-back” mediation method first. Before contacting both parties, I first summoned the attorneys of both parties and solicited their opinions and found that they were both very willing to facilitate mediation. This is a great opportunity. I placed the plaintiff in another mediation room to rest for a while, and started communicating with the defendant first.
During the communication process, I carefully observed the defendant's demeanor and movements, and noticed that her eyes showed some expectation and desire from last time's indifference and indifference, so I asked the clerk to bring a glass of water. It must be that my last contact had an effect. The defendant has obviously relaxed his guard against us and is more willing to communicate with us.
"I understand your difficulties very well, and I also know that you have suffered a lot of groundless criticism recently. I think you don't want to see Li Ping's death. But the plaintiff is an only son and has worked hard to raise him. But because of his relationship with you, You can imagine the pain of the old man who lost his only child and committed suicide by jumping off a building due to a dispute. How will they live their lives in the future?"
"Can you consider increasing the compensation fee appropriately based on the wonderful experience that you and Li Ping had in the past? As a psychological comfort to the elderly?"
"I heard that your life has been affected to a certain extent recently, and you were forced to quit your job and make a living elsewhere.If the mediation is successful today, we will also work hard to do the work of the plaintiff and no longer interfere with your life, so that you can continue to live a good life. "
...
In the mediation room, I sat next to the defendant, put myself in her shoes, and had an hour-long heart-to-heart communication with her.
Faced with the plaintiff who was still suffering from the pain of losing her son, I felt patient Listening is the best medicine to heal wounds. Knowing how to listen during mediation is often more important than being able to speak. During the communication process, the plaintiff poured out the pain of losing her child to me. Seeing that she was in a very emotional state, I patted her gently. He patted her shoulder, held her hand, and calmed her down. With a serious look on his face, the plaintiff pleaded with me and said to me: "Judge, I want to see the defendant and ask questions in person. "Seeing that her mood has gradually eased, I decided to let them mediate "face to face".
"Why are you so cruel? After Li Ping's death, I didn't see you come to see us. It's been so long. Have I ever come to your workplace to cause trouble? It is precisely because you are young and have a long way to go, and we don’t want to make excessive demands on you. We just want to see your attitude! "
"Auntie, I want to see you, but I'm afraid... During this period, I am in the same pain as you. Li Ping is gone, and I will never be able to overcome this hurdle in my heart..." As soon as the defendant opened his mouth, tears burst out of his eyes, and his suppressed emotions were released. It turned out that she was not indifferent, but she did not dare and did not want to face this. A past that made her sad.
During this meeting, both parties released their long-suppressed emotions. They spoke their inner words face to face, and the two hearts that were alienated by this tragedy gradually came closer, and mediation saw hope.
" The deceased cannot survive, but your life must go on. I don’t think he would like to see you go to court..." Seeing this, I used love as a thread and took the hands of both parties and held them together.
In the end , both parties put aside their grudges. The two-month-long mediation work finally came to a successful conclusion after four hours of "tug-of-war". The judge's assistant and the clerk and I all forgot about the hunger of missing lunch. , relieved, inexplicably happy, and felt that this overtime was worth it!
Although this case has been settled, it has given me a new understanding of the career of a judge. Many people, like me, rush to the court, mediate At the table, on the execution road... What makes them "green hair and gray hair in a moment" and "no regrets as their clothes get wider"? I think it is the respect for the profession of judges, the love for the people, and the commitment to fairness and justice. Pursuit. If judgment is a scale that "no rules can make a circle", then mediation is a thermometer that "knows whether it is warm or cold like a fish drinking water." Every judge should treat every case seriously with the consciousness of "I am suing." Adhering to the attitude of "small cases are not small, small cases are not small", we think about what the people think and worry about the people's urgent needs, handle cases with heart and resolve them with emotion. Those cases that seem "hot" and difficult to solve are all solved possibility, the problems will eventually be solved one by one.
(the names of the characters in this case are pseudonyms)
[Source: Fujian High Court]
Statement: The copyright of this article belongs to the original author. If there is an error in the source or your legal rights are infringed, , you can contact us by email and we will handle it in time. Email address: jpbl@jp.jiupainews.com
-
-
-
-
-
-
-
-
-
-