"After the heavy rain, the lawsuit broke out. ”
The two were originally relatives in the same village, and the contracted land was adjacent to each other, separated by slopes more than 3 meters high.
One day in March 2022, when Yang used an excavator to level the land below his house, he accidentally dug up part of the land of Wang's house above. After learning about it, Wang applied for mediation by a grassroots organization but failed. After a year and a half, after half a month of rain, Wang found that the ridge of the adjacent land had partially collapsed, and the local village committee mediated to no avail, so Wang sued the court.
He dug my ground with an excavator without asking me, and the ridges were all dug down. If it rains heavily, it will probably collapse completely, and I want him to restore my original ridge or compensate me 1A loss of 50,000 yuan! Wang was angry.
After this happened, the other party's family asked the village committee to solve the problem, and at that time, I agreed to give her part of the land area according to the straightened boundary. As for saying that the slope at the junction collapsed by 50 meters, it is an exaggeration, and the actual collapse area is less than 2 square meters. So I shouldn't be responsible for the cost of the loss. Yang argued.
In the lawsuit, the two parties insisted on their own words, and the court of first instance went to the scene for investigation and mediation many times, but failed to reach an agreement, and rejected Wang's claim based on facts and evidence, and Wang appealed to the Qujing Intermediate People's Court.
*Conciliation. Convenient for the people.
Because Wang and Yang are both in remote mountainous areas, ** lawyer is in Kunming, and they are located in three places, considering the cost of transportation and time, after consulting the consent of the parties, the judge took *** inquiry. During the questioning, both parties have already stated their arguments, the facts of the case are clear, and a judgment could have been made in accordance with the law, but a judgment cannot solve the fundamental problems of both parties.
Or return to repair the ridge and maintain a harmonious neighborhood relationship, from the two sides in the same village or relatives as the starting point, the undertaking judge through legal reasoning and patient guidance, find a balance of interests acceptable to both parties, and finally reach a mediation agreement: Yang will rebuild the ridge with hollow bricks in accordance with the boundary agreed by both parties.
Combination of mediation and execution. On-site fulfillment.
After the two parties receive the ** mediation document, within the agreed performance period, the presiding judge invites the personnel of the grassroots mediation organization, the people's mediator, the staff of the village committee, and the court of first instance to work together to promote enforcement. It was thought that the two sides would naturally confirm the boundary and the performance was completed, but who knew that there were waves again, and the two sides had a big disagreement on a clear boundary line, and the implementation of the mediation agreement reached an impasse.
The group did the work of both sides separately, but it still didn't work, seeing the sun set and the smoke rising, and then it was late when it was dark, it would be delayed again. At this time, things took a turn for the better, the male elders of one party came to the scene to persuade both parties, and the multi-party linkage mediation personnel returned to the edge of the ridge to reason and reason again, and finally one party was willing to solve the problem based on reality, and one party was willing to make concessions and actively cooperate with the implementation, which contributed to the implementation on the spot.
Early the next morning, under the witness of the parties, court staff and grassroots mediators, Yang purchased hollow bricks, sand and gravel and other building materials, and repaired the solid ridge with hollow bricks within one day. This ridge separates the boundaries and contradictions, and repairs the harmony between the neighbors.
Resolve disputes in a variety of ways. Promote harmony.
Thank you for coming all the way to deal with our business. ”
Come back, come back, come home for dinner. After the matter was dealt with, Yang and Wang both expressed their gratitude in their own ways. At this point, a "troublesome matter" that plagued both sides of the neighborhood was finally satisfactorily resolved.
In recent years, the court system of Qujing City has always adhered to the principle of diversified conflict resolution, implemented the "Fengqiao experience", increased the intensity of pre-litigation mediation, litigation mediation, and mediation, and united multiple departments to mediate, through mediation + law popularization, the implementation of law popularization and strong foundation to the vivid cases around them, and give full play to the effect of hearing a case of education. Through the integration of law, reason, and feelings, we should divide and stop disputes, put the people in our hearts, put the solution of problems in the forefront, take the actual needs of the people as the first priority, handle every little thing well, and let the judicial trial truly conform to the people's feelings, conform to the people's hearts, and promote more harmonious neighborhood relations.