"They are old, and we will eventually be old, but the lawsuit happened unexpectedly..." This is the prologue of the micro-video "There are old people in court" shot and produced by the People's Court of Lucheng District, Wenzhou City, Zhejiang Province. After the launch of the "Double Ninth Festival" in 2022, it triggered heated debate. According to the data of the National Bureau of Statistics, at present, China's population over 60 years old accounts for 19.8% of the national population, and will enter a moderately aging society. In March 2021, Lucheng Court took the lead in launching the age-appropriate litigation mechanism in the country. It has applied the mechanism to deal with 7664 cases involving the elderly and 8719 people in total, which has reduced the number of complaint letters and visits of the elderly by more than 50%, laying the foundation for creating "Wenzhou characteristics". Liu Wancheng, president of Lucheng Court, recently introduced to the reporter of the Rule of Law Daily that deepening the litigation mechanism of supporting the elderly and the weak in an all-round way is the answer of the people's court in response to the needs of the times, ensuring that the elderly enjoy universal and equal judicial services, and making fairness and justice more accessible. Enlarge the authentic judicial voice "Thanks to the timely correction of the court, otherwise my father is really a hundred words hard to argue and innocent in debt." Wenzhou citizen Zhang repeatedly thanked. This is a civil loan dispute involving the determination of the joint debt of husband and wife. When the court organized the mediation between the two parties, the defendant Lao Zhang did not appear in court, and Lao Zhang's wife, Xu, as Lao Zhang's "litigation agent", came forward to confirm that he and Lao Zhang jointly compensated the plaintiff for a loan of 1.02 million yuan and interest. "12 years ago, my father was in a poor state of mind after a stroke. He has been ill in bed, and his family has not been able to go out. How could he borrow so much money?" Faced with the debt that fell from the sky, Xiao Zhang was at a loss and had to appeal to the Lucheng Court for a retrial. "On the issue of joint debt between husband and wife, there is a conflict between Xu's own interests and Lao Zhang's agent's interests. He reached a mediation agreement with Fang and added Lao Zhang to the debt, which is likely to damage Lao Zhang's property rights and litigation rights." The handling judge Dai Junxian conducted an investigation according to his authority for this purpose, and found that Xu cheated Lao Zhang to sign a marital property agreement in 2019, registering the change of property under Lao Zhang's name in his own name, Later, with the house property as collateral, he borrowed 1.02 million yuan from Fangmou in succession and squandered all of it. After identification, Lao Zhang was a person with limited civil capacity at that time. "This further confirmed that Xu was suspected of damaging Zhang's legitimate rights and interests." The Lucheng court immediately decided to start the retrial procedure. Due to the weakening of the universality of the group's litigation ability and physiological function of the elderly, some elderly people are unable or unwilling to appear in court in person or entrust litigation agents to participate in the litigation. While the litigation agency system helps the elderly to protect their rights and interests, the resulting agency infringement is not uncommon. It is particularly important to strengthen the real will and agency compliance review. "The construction of the age-appropriate litigation mechanism must focus on the core of allowing the judiciary to 'discover the truth'," Liu Wancheng said. Based on this, Lucheng Court innovatively set up "buffer period", introduced "social observation group" and "people's panel", strengthened the investigation of judges' powers, and set up inquiry and check procedures in all aspects of the litigation, accurately identify the litigation capacity of the elderly, and fully confirm the truth of the elderly
Edit：Li Ling Responsible editor：Chen Jie
Source：Legal Daily
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