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In modern life, burials that have not completely disappeared will inevitably lead to neighborhood disputes, even if the party that has been encroached upon the land should reasonably express its demands, and the right to private relief cannot be abused.
In February 2023, a dispute over burials occurred in Zhongsha Town, Xiangxiang City, and Tic-tac-toe Town, Shuangfeng County. Recently, the Yutang People's Court of the Xiangxiang Municipal People's Court and the Administrative Division of the Xiangtan Intermediate People's Court have been linked up and down, integrating the legal brigade of the Xiangxiang Municipal Public Security Bureau, the Zhongsha Police Station, the Zhongsha Township ** Judicial Office, the village committee and other favorable resources, and organizing the parties to mediate twice around the Spring Festival in 2024. After the unremitting efforts of the court, on February 26, 2024, Zuo Mou1 and Zuo Mou2 reached a settlement on the matter of the grave and fulfilled part of the agreement on the spot.
Basic facts of the case
In October 2022, Zuo XX1's mother died, and after Zuo XX1 chose a site to bury my mother in accordance with rural customs, Zuo XX2, who was in other places, returned to his hometown before the Spring Festival in 2023, believing that the place where Zuo XX1 was buried belonged to his own land and that his rights had been violated, so he negotiated with him, but Zuo XX1 said that it was not. Seeing that the negotiation failed, Zuo Mou2 dug up a small piece of Zuo Mou1's mother's grave by himself in February 2023, and dug the grave** posted it in the villagers' WeChat group on the same day, and was later transferred to Douyin by others to publish it, and the number of views and clicks increased instantly, which attracted widespread social attention.
Zuo Mou2 insisted: "The villagers in the village have proved that this land is mine, even if it is a wasteland, it is also the wasteland of Xiangxiang, not Shuangfeng, and those who should move the grave must move the grave."
Zuo Mou1 was very angry: "Digging people's ancestral graves is like killing parents, Zuo Mou2 did such a hurtful thing, causing huge physical and mental harm to my family." Must be paid! ”
After the incident, the local village committee, police station, judicial office, comprehensive management office and other departments of Zhongsha Town and Tic-tac-toe Town organized mediation between the two sides many times to negotiate whether Zuo Mou 2 would dig the grave and Zuo Mou 1 should move the grave, and suggested that each take a step back, but to no avail. The Xiangxiang Municipal Public Security Bureau took Zuo's violators into administrative detention, but Zuo was not satisfied, and Zuo 1 filed an administrative lawsuit, and both parties petitioned. In September 2023, Zuo XX2 sued the court to remove obstacles; In December 2023, Zuo Mou1 also sued Zuo Mou1 to demand an apology and compensate for its economic losses. One dispute led to 2 civil cases and 2 administrative cases, increasing disputes and intensifying contradictions.
Joint mediation between the two levels of courts
On January 26, 2024, the judge of the Administrative Division of the Xiangtan Intermediate People's Court braved the heavy snow to go to the scene to investigate, and invited the parties and several departments to participate in the joint mediation in the Yutang Court. After grasping the psychological dynamics of the plaintiff and the defendant in the trial case, the judge of the Yutang Court promptly communicated with the judges of the Xiangtan Intermediate People's Court about the practical obstacles to the plan of not moving graves, and the judges of the Xiangtan Intermediate Court adjusted the negotiation plan in a timely manner according to the actual situation, but the mediation failed on the same day.
The judge carefully mediated and persuaded.
On February 26, 2024, it was freezing weather again, and the Yutang Court and the judges of the Xiangtan Intermediate Court who went to the countryside again organized mediation between Zuo 1 and Zuo 2. Different from the last unhappy parting, under the education of the judge, both parties have a deeper understanding of the dispute, and finally reached an agreement, and fulfilled the agreement on the spot such as apologizing and paying part of the compensation.
The parties sign a mediation agreement.
In the face of the praise of Zuo and the people present, the judge of the Yutang Court said conclusively: "There is nothing that cannot be melted by ice and snow, what is lacking is warmth; There is no dispute that cannot be mediated, what is lacking is warmth. The judges of the Xiangtan Intermediate Court nodded frequently.
In the new year, in order to resolve conflicts and disputes, and do a good job in accepting cases, the Yutang Court will further adopt a warm way of handling cases, integrate multiple forces, increase mediation, make the judiciary more warm, and further enhance the people's satisfaction with the work of the court.
Contributed by Wu Ziwei.
Editor: Shen Xiangxiang.
Second trial: Luo Yongjun.
Final review: Jiang Congren.