Make difficult cases no longer difficult because of suggestions

2023-02-08

With the efforts of the judge, the parties to a traffic accident liability dispute reached a settlement agreement. The People's Court of Zhangqiu District, Jinan City, Shandong Province, firmly grasped the key points of the case, held the "nose of the ox", implemented the "policy based on the points", concentrated its efforts to break through the "blocking points", overcome the "difficulties", focused on the "hot spots", spread the "hot spots", and pushed the difficult cases to achieve the effect of "turning the corner". "The implementation of policies based on suggestions is an innovative measure explored and established by our court in the practice of solving the difficult problems of implementation. We should further deepen reform and innovation, and strive to transform the spirit of the 20th CPC National Congress into a vivid judicial practice that focuses on the overall situation in politics, strives for advancement in work, and advances in development," said Tian Yueyang, president of the Zhangqiu District Court. ■ Breaking through the "blocking points": the "two books" system promoted reconciliation In May 2022, Liu Mou sued the driver and the insurance company to the Zhangqiu District Court for a traffic accident dispute. On the day of submitting the complaint materials, he received a text message from the court, which details the way to solve the problem through mediation. After obtaining the consent of the defendant, the judge took the initiative to "attack", fully understood the ideas of both parties, and carried out the work of interpretation and clarification. It took less than five hours to complete the work of "filing, mediation and settlement", and quickly resolved the dispute. For a long time, the long period of handling cases and the inability of the parties to realize their rights and interests in the shortest time have been a "blocking point" in front of the executive judge. In order to effectively break through the "blocking points", the Zhangqiu District Court "suits the case to the case", insists on the "double extension" of the trial work forward and backward, focuses on filing, after judgment, and before execution, implements the "two book" system of the Pre litigation Mediation Notice and the Supervision and Implementation Notice, and takes the initiative to resolve conflicts and disputes in the first instance, so that the rights and interests of winning the case can be realized before execution. The pre litigation mediation notification system, that is, in the case filing stage, the "mediation+service" double line process is carried out simultaneously, and the parties are actively guided to flexibly carry out the first mediation online and offline; Supervise and urge the implementation of the notification system, that is, remind the effective cases after the judgment, "one case one delivery", clarify the effective time, note the implementation path, emphasize the adverse consequences, and urge the parties with obligations to timely implement the effective documents. "Reconciliation is the way to resolve disputes with the least impact on social conflicts. We have implemented the concept of reconciliation throughout the handling of cases and played an important role in solving the difficulties of implementation and achieving the conclusion of cases!" said Dang Weidong, director of the Executive Bureau of the Zhangqiu District Court. For the cases that have been executed and filed, the enforcement police of the Zhangqiu District Court carry forward the spirit of never giving up, build the pre-enforcement reconciliation work platform with high standards, promote the formation of a segmented and intensive implementation mode of "enforcement reconciliation+quick enforcement", and improve the quality and efficiency of enforcement. In terms of mechanism construction, an implementation reconciliation team led by post judges and equipped with judge assistants and clerks should be established to carry out the implementation reconciliation work in a standardized and efficient manner, and complete the preliminary screening of implementation cases and the registration of implementation clues. For simple execution cases such as small amount of subject matter and those with litigation preservation, the execution command center will focus on quick inspection, quick control and quick execution. Since the implementation of this system, the court has achieved the first execution in 2022, with the actual rate of enforcement and the final rate ranking first in the city's courts. ■ conquer“

Edit:Ying Ying    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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