On November 30, the People's Court of Baqiao District, Xi'an City, and the Fangxi Street Police Station of the Baqiao Branch of the Public Security Bureau successfully mediated a shop lease dispute through joint efforts. This dispute is the first successful case of resolving the conflict at the source since the operation of the "police-law joint investigation" mechanism in Baqiao District.
In April 2023, Ms. Xu reached a lease agreement with an agricultural and sideline food company in Shaanxi, and the two parties orally agreed on the delivery time, and Ms. Xu paid a deposit of 10,000 yuan to the company.
After the delivery time expired, Ms. Xu went to the location of the leased shop several times to check, and found that the shop had not completed the construction and was in a state of suspension, so she communicated with a company, believing that the other party failed to deliver the shop at the agreed time, which was a breach of contract, so she asked for a refund of the deposit.
A company argued that Ms. Xu broke the contract and refused to rent the shop after paying the deposit, and the deposit was not refundable because of the breach of contract. The two sides insisted on their own words, and after many negotiations to no avail, Ms. Xu chose to call the police to deal with it.
On November 30, 2023, after receiving the police from the Fangxi Street Police Station of the Baqiao Branch of the Public Security Bureau, police officer Daniel Zhang and Zhang Tianyang, a specially invited mediator of the Pre-litigation Mediation Center of the Baqiao Court, learned about the situation in a timely manner and decided to organize both parties to come to the police station for mediation.
During the mediation process, Lin, the legal representative of a company, said that the main reason for not refunding the refund was that he had not received due respect in the previous communication with Ms. Xu. After understanding the crux of the conflict, the mediator reconciled the two parties in response to the situation, and the police officer Daniel Zhang persuaded from the perspective of reason and law in a timely manner, and finally Ms. Xu admitted that she did have a bad attitude at that time and took the initiative to apologize to Lin.
After the antagonism between the two parties was eased, the mediator struck while the iron was hot, patiently explained to them the legal provisions and application of the deposit, explained in detail the legal responsibilities that need to be borne for breach of contract, and put forward opinions on the resolution of the dispute and provided a settlement plan.
The mediator and the police took into account that a certain company rented out a large number of shops and involved a large number of parties, and the result of the handling directly affected the attitude of other tenants towards the resolution of the incident. Strive to find a balance between the interests of both parties, and persuade both parties to be honest and trustworthy and make money in harmony by explaining similar cases. After more than two hours of hard work, Ms. Xu finally apologized to Lin, who expressed his willingness to accept and promised to return the deposit. The two parties put aside their prejudices, opened their hearts, shook hands and made peace, and agreed that Ms. Xu would go to a company to handle the refund procedures in the afternoon of the same day. Both parties were very satisfied with the result and thanked the mediator and the police repeatedly.
Relying on the "police law joint investigation.""mechanism, Baqiao Court, public security, and specially invited mediators worked closely together to successfully resolve the contradiction at the source and effectively solve the problem for the masses. The successful mediation of this dispute has made a good start and laid the foundation for the next step. The person in charge of the Baqiao District Court said that in the next step, the Baqiao Court will continue to take responsibility for the management of the source of complaints, actively integrate into the regional social governance pattern, and promote the "cloud adjustment of Baqiao"20 The project has been deepened and solid, and it has made due contributions to the construction of Ping'an Baqiao.
China**Shaanxi Reporter Station Qin Feng|Dang Penggang).
*: China**Net.