Click on the Beijing Internet Court above for more exciting content
Prosecution, filing, and judgment are generally necessary processes for case handling. However, when the number of disputes between the same plaintiff and the defendant exceeds 500, and both parties insist on their own opinions, how can the disputes be resolved as soon as possible and reduce the burden of litigation by the parties?
Model litigation as a guide
Judge, the defendant embezzled our **, this case is only the first one, and there are more than 500 ** behind that have not defended their rights! We're going to fight the lawsuit to the end!
Request that the plaintiff's lawsuit be dismissed, and if you want to sue, you can sue!
There are more than 500 disputes behind a single case? If the plaintiffs file and sue one by one, it will not be conducive to the efficient handling of batch cases, not to mention the time and energy spent.
After a study and judgment, the presiding judge decided to use the model lawsuit for a speedy trial. The exemplary litigation mechanism refers to the preliminary trial and adjudication of a representative case, and the formation of a model judgment to provide a reference for the adjudication of facts and the application of law for other cases, which is suitable for this situation where the number of infringing works is large and the facts of the cases are similar.
Immediately after the verdict was handed down, the judge contacted both parties.
This is a model judgment in this case, you see, the remaining more than 500 disputes, can be followed by this standard, no need to go through the process one by one, can save a lot of things.
If the rest of the cases refer to this judgment, there is really no need to spend any more, and we will consider reconciliation.
Okay, a "package" solution can save a lot of things, and we want to get compensation as soon as possible.
With this exemplary judgment, the judge explained the law to the original defendant, clarified the litigation risks, and analyzed the costs of rights protection. In the end, through multiple rounds of mediation, the original defendant reached a "package" mediation around all the infringing works, and the defendant compensated 1.5 million yuan for more than 500 infringing works.
Resolve disputes in batches
In the face of similar batch cases, the Beijing Internet Court first selects typical and representative cases, and conducts scheduling, service, mediation, and refined trial to form typical cases that can be referenced. Referring to the adjudication results of typical cases, the parties can "have a clear mind" of the facts of the case, the application of law, and the adjudication results of other similar disputes. After the exemplary judgment is rendered, judges continue to organize and carry out a "package" of mediation work through multiple mediation, post-judgment Q&A, etc., to more time-saving, convenient and efficient resolution of batch disputes.
Relying on the model of "exemplary judgment + multiple mediation", in the past two years, the Beijing Internet Court has guided more than 40 parties to conduct exemplary litigation, issued more than 20 exemplary mediation documents and judgments, and resolved more than 5,000 potential disputes, truly realizing "one case for trial, one for governance".
The judge's heart
Judge Sun Lei, who presided over the case
"Model Litigation + Multiple Mediation" is a "tailor-made" dispute resolution measure by the Beijing Internet Court to help the parties actually resolve disputes and reduce the burden of litigation according to the characteristics of a batch of cases. During the handling of this case, my team mediator and I carried out legal interpretation and mediation work many times, and finally facilitated the "package" resolution of more than 500 disputes. In the future, we will continue to adhere to the judicial concept of "as I am suing", and continue to accelerate the Internet on the road of "fairness and efficiency" of justice for the people!
Contributed by: Elegant.
Editors: Ren Huiying, Liu Wanyue.
Long press to identify*** Pay attention to the Beijing Internet Court.