In order to fully implement the work deployment of the Party Group of the Shanghai No. 1 Intermediate People's Court on the management of litigation sources, further promote the normalized operation of the circuit trial site, and earnestly implement the characteristic work of the "Spring Rain Protecting Seedlings" party building brand I do practical things for the masses, the Comprehensive Trial Division for Juvenile and Family Cases of the Shanghai No. 1 Intermediate People's Court (hereinafter referred to as the Juvenile Family Court), with the coordination and cooperation of the case filing court, recently went to the Songjiang Circuit Trial Point of the Shanghai No. 1 Intermediate People's Court in Guangfulin Street, Songjiang District, to openly hear a gift contract dispute case.
The case involved the hot issue of parents paying for the purchase of a house for their children during marriage, which is of great concern to the society. During the marriage between Chen and Yang, Chen's parents contributed 2 million yuan to buy a house for the two. Later, Chen and Yang had a divorce lawsuit, and in this case, the court found that Chen's parents' capital contribution was a gift to the two. Now Chen's parents claim that the gift is conditional on living together, and because the two are divorced, they request that the gift be revoked and that Chen and Yang jointly return the gift.
The first-instance judgment rejected Chen's parents' claims. Dissatisfied, the two appealed to the Shanghai No. 1 Intermediate People's Court.
There are huge disagreements and knots in the heart. In the pre-trial preparation stage, the collegial panel of the second instance solicited the mediation intentions of both parties. Chen's parents were willing to mediate, but claimed that the donated money was the savings of the two for pension and medical treatment, and insisted on returning no less than 1 million yuan. Yang claimed that he had made concessions in the divorce proceedings and that there was no room for compromise in this case. Both sides have their own opinions, and mediation has stalled.
Active justice and tracing the roots. After studying and judging, the collegial panel held that the source of the lawsuit in this case was the divorce dispute between Chen and Yang, and only by treating it at the source could the gap be eliminated and the knot could be solved. After careful analysis, the collegial panel found that Chen and Yang did not resolve the issue of exercising the right to visitation of their children in the divorce proceedings, but both of them expressed their willingness to resolve it through the court. At the same time, because Chen did not pay Yang the discount of the house involved in the case according to the divorce judgment, Yang has applied to the court for compulsory enforcement, but there are still more than 40 yuan of discount and interest that have not been implemented. After discussion, the collegial panel decided to establish a trial idea of resolving the three disputes in a package with the settlement of visitation rights disputes and enforcement disputes as the starting point.
Circuit trial, on-the-spot settlement. Considering that the parties all reside in Songjiang District, in order to facilitate the litigation of the masses, the collegial panel decided to openly hear the case at the circuit trial site set up by the Shanghai No. 1 Intermediate People's Court in Songjiang District. In the course of the trial, the parties were willing to mediate, and the collegial panel adjourned the court, taking the protection of the legitimate rights and interests of the elderly and the promotion of the healthy growth of minors as the starting point, respectively, to analyze the pros and cons of the three parties, explain the law and reason, and patiently guide, and with the cooperation and joint efforts of the members of the collegial panel, the parties reached a package of solutions
Chen and Yang signed a mediation agreement on the child's visitation rights and applied to the Songjiang District People's Court to confirm the validity of the agreement;
Mr. Yang withdrew the application for enforcement and gave up his request for Mr. Chen to pay the remaining discount and interest of more than 40 yuan;
Based on the resolution of the above two issues, Chen's parents withdrew the appeal in court.
So far, the three disputes caused by the divorce of Chen and Yang have been substantively resolved in this case, and the parties shook hands and made peace, turning the three disputes into one case, achieving the goal of closing the case, settling the matter, and making people, and achieving good legal and social effects.
More than 20 people, including representatives of the Guangfulin Street Women's Federation and grassroots women's cadres, representatives of grassroots judicial line cadres, and representatives of mediators of the mediation room of the "three linkages" in the police station, participated in the trial and observed. After the trial, Fang Fang, the presiding judge of this case and the president of the Juvenile Family Court, together with the members of the collegial panel and the observers, held an exchange meeting on the use of cases to explain the law on the spot, explaining in detail the determination of the nature of parents' contributions to their children's house purchases, the legal circumstances of the revocation of gift contracts, the exercise of visitation rights and other legal hot issues, and gave professional answers to other legal questions raised by the participants, in order to achieve the effect of hearing a case, educating a group, improving a group, and governing a party.
The judiciary is one step ahead, and the trial is more warm. Relying on the characteristic party building brand of "Spring Rain Seedling Protection", the Juvenile Family Court adheres to the principle of leading team building with party building, promoting trials with team building, implementing the concept of justice for the people, anchoring substantive dispute resolution, roving trials, front-end mediation, and linkage up and down, insisting on taking multiple measures at the same time, developing the "Fengqiao experience" in the new era, strengthening the prevention of the source of contradictions and disputes, controlling the gates, participating in the governance of the source of enforcement, doing in-depth and practical governance of the source of complaints, and helping to improve the level of modernization of social governance.
*: Shanghai No. 1 Middle Court***
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