Avoiding the 'empty judgment' of incidental civil litigation

2024-08-27

Judge, you have worked hard to visit and understand the situation on site, and have organized so many mediation sessions. Otherwise, the families of the victims may not have received compensation. Recently, the relatives of the victim Zeng, who was involved in a fatal case caused by neighborhood disputes, received a notarized certificate and expressed their gratitude to the judge who handled the case at the First Intermediate People's Court of Chongqing City. Originally, although the defendant Deng had the willingness to voluntarily compensate, he was unable to do so due to his poor family background. In order to effectively resolve the issue of compensation and avoid a "blank judgment" in the case, the collegiate bench, while accurately sentencing and making fair judgments, mediated to reach an agreement between the two parties. The court coordinated with the notary office to go to the detention center for notarization, ensuring that the victim's relatives could directly receive the compensation for the defendant's house demolition from the local government with the notarized certificate, providing a certain degree of spiritual comfort to the victim's relatives. Since 2023, Chongqing No.1 Intermediate People's Court has focused on the protection of the rights and interests of victims and their close relatives in major criminal cases such as death and disability. It has actively coordinated with the procuratorial organs and other departments to jointly formulate relevant protection opinions, innovatively constructed a mechanism and system for protecting the rights and interests of victims in major criminal cases such as death and disability, and carried out more than 70 special works on related rights and interests protection, effectively resolving secondary risks. It is reported that the mechanism system for protecting the rights and interests of victims in major criminal cases such as death and disability mainly includes measures such as informing and listening to opinions, extending the scope of legal aid, constructing accompanying civil litigation guidelines and mediation mechanisms, facilitating judicial assistance channels, psychological intervention and trauma relief, post judgment Q&A, and conflict resolution. Within three days after the case is accepted, the court staff will inform the victim and their close relatives in writing of the right to apply for assistance and rescue, accompanied by a framework guide for civil litigation evidence, a detailed list of statutory compensation, and information such as the "simplified channel" for legal aid and the "expedited channel" for judicial aid. This will effectively solve the problem of the content and process of "verbal notification", facilitate the channels for victims and their close relatives to express their opinions and demands, and guide them to protect their rights efficiently and rationally. At the same time, the court has set up a specialized trial team for relevant cases, with a dedicated person responsible for protecting the rights and interests of the victims, constantly paying attention to the needs of the psychological crisis intervention mechanism for the close relatives of the victims, discussing and discussing ways and methods to substantially resolve disputes, and carrying out work on a case by case basis. At the same time, the First Intermediate People's Court of Chongqing and the procuratorial organ jointly built a "2+N" multi-party joint mediation platform for legal and procuratorial work. Taking the pre court meeting as the carrier, the Court and the procuratorial organ jointly carried out mediation work in litigation with incidental civil compensation, strengthened cooperation with notary, real estate registration and other departments, supported the defendant to actively compensate, and avoided the incidental civil judgment becoming "a dead letter". (New Society)

Edit:Lubaikang    Responsible editor:Chenze

Source:rmfyb.chinacourt.org

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