"President, there is a conflict and dispute in the village, and now it is a big deal, and I have to ask you for help. "Secretary Zhao, I'm going to **, I'll go to the village to mediate." "As soon as I went to work in the afternoon, Zhang Wenfei, vice president of the Nanhua Court in Gaotai County, received a request for help from Zhao Dong, secretary of the Party branch of Chenghao Village, Nanhua Town.
It was half past five in the afternoon after Zhang Wenfei finished the trial, so he drove to Chenghao Village, Nanhua Town, to mediate the conflict, and did not end this busy day until more than ten o'clock in the evening. Such a state is also the normal state of Zhang Wenfei's work.
In February this year, Zhang Wenfei was transferred from the First Civil Division of the Gaotai County People's Court to the Nanhua Court.
In 2023, 270 cases of Zhang Wenfei's personal litigation cases will be accepted, and 269 cases will be closed, with a completion rate of 996%；46 enforcement cases were accepted and 46 cases were closed, with a completion rate of 100%. None of the cases that have been tried and concluded have exceeded the trial time limit, none of them have petitioned for pestering, and none of them have been reversed and remanded by the higher courtsBehind such a large number of litigation cases and enforcement cases is his unknown hardships and dedication, responsibility and responsibility.
There are tricks in handling cases, and there are few appeals to resolve at the source
In handling cases, Zhang Wenfei has always adhered to the case-handling concept of "being able to mediate without litigation and not adjudicating", and has run mediation through the whole process of case handling, and even if the mediation is unsuccessful, he will also do a good job of explaining to the parties.
In February this year, Zhang Wenfei, who had just taken office, received a land lease dispute case between the villagers of Lihao Village, Nanhua Town, and the tenant Xia Moumou, the dispute involved as many as 64 farmers, and the dispute spanned as long as 3 years, involving thousands of acres of land, and the contradictions between the parties were very acute. Zhang Wenfei said, "Spring ploughing is imminent, and I was really anxious when I received this case at that time, and I also made difficulties, how to solve it?"How to judge?A series of difficulties lie ahead. After consideration, Zhang Wenfei decided to launch the "one court, three offices +" multiple dispute resolution mechanism, and in more than three months, Zhang Wenfei went to the fields and farmers, tirelessly doing ideological work for both parties, and finally, the case was mediated and closed.
This case has plagued our village for more than 3 years, and the village committee has mediated many times without mediation. Chen Desheng, secretary of the party branch of Lihao Village, Nanhua Town, said.
Careful mediation must not handle cases for the sake of handling cases
There is no trivial matter in a court case, and every case is always about the situation. In the eyes of our judges, trivial matters are all major matters in the hearts of the parties, and it takes a certain amount of time to digest and bridge. In order to properly resolve every contradiction and dispute, Zhang Wenfei asked the court's case-handling team to pay more attention to details.
In April this year, Li and Chen of Xu Sanwan Village, Xinba Town, sued the court for issues such as the additional facilities and other related expenses on the land during the land lease period, demanding the termination of the "Land Lease Contract" signed by the two parties. Considering that the two parties had a large dispute over the historical legacy of the land and the contradictions were prominent, Zhang Wenfei decided to conduct an on-the-spot investigation and learned that during the litigation, the plaintiff Li had planted nearly 5 acres of corn crops first, and had a fierce conflict with the defendant Chen during the planting process, and the police station in the town had dispatched the police twice to deal with it. Taking this as a starting point, Zhang Wenfei immediately organized both parties to go to the village committee where they were located, and analyzed the law from the background of the contract signing, the root cause of the problems in the process of performing the contract, and the causes of the contradictions, and at the same time put forward a plan to solve the problem and specific and feasible suggestions. After mediation, the parties made concessions to each other, and finally reached a mediation agreement and agreed to terminate the contract.
Most of the cases accepted are cases with small amounts, trivial and complicated but closely related to the lives of the people, and President Zhang often says to us, 'Small cases are not underestimated, small cases are not trivial', and he always takes these cases seriously, treats each case as a major matter to solve the livelihood of the people, protects the legitimate rights and interests of the masses in small cases, and demonstrates judicial fairness and justice in the details. Yang Jiao, a clerk at the South China Court, said.
Do practical things with a "warm heart".
The interests of the masses are no trivial matter", Zhang Wenfei always uses emotion to every party in handling cases. In March this year, Wang, a villager from Dongshang Village, Xinba Town, reported to the village committee that his youngest son did not support him, and that he and his eldest son had caused a conflict to the point of irreconcilability, and asked the Nanhua Court and the town and village to help him solve the problem. Considering Wang's advanced age and the long way to the court, Zhang Wenfei and his staff drove to Wang's village committee for mediation.
After learning more about the situation, Zhang Wenfei took the protection of family affection and the maintenance of family harmony as the starting point, closely focused on "feelings", "reason" and "law", starting from the aspects of parental kindness, right and wrong, legal responsibility, etc., and analyzed the law in simple terms, and persuaded through vivid and vivid metaphors such as cases and analogies, as well as simple and pragmatic language. In the end, the family finally untied the knot and abandoned the previous suspicions, and Wang's youngest son paid alimony on the spot and signed a written maintenance agreement, which was judicially confirmed on the spot. "Judge Zhang, your words are very humane, and every sentence can speak to people's hearts, thank you for solving my pension problem for me. Afterwards, Wang took Zhang Wenfei's hand and said gratefully.
Wearing a robe and holding a gavel, I represent the law and the people, not myself. Zhang Wenfei said that as a judge, he will always bear in mind the responsibility of "justice for the people", continue to forge ahead with the attitude of "catching up with the exam again", and strive to make the people feel fairness and justice in every judicial case.
(Reporter: Xia Bin).