On the morning of August 14th, the Gaochun District Court in Nanjing, Jiangsu Province held the unveiling ceremony of the Town Street Circuit Court. Representatives of eight towns, including Gucheng Street and Gubai Street, received the silver plaque of the Circuit Court from the main leaders of the Political and Legal Committee of Gaochun District Committee and the District Court. This is another important measure for Gaochun District to build a "litigation-free village (community)" to create a working platform according to the framework of "one town (street), one court, one village (community) and one school and one station" to promote the sinking of judicial resources.
The reporter of Legal Daily learned that the Gaochun District Court has continuously strengthened the ideological understanding of "putting the non-litigation dispute resolution mechanism ahead" by building a network of "hierarchical and multi-linkage", and will create a "litigation-free village (community)" as an important starting point for deepening the governance of the source of litigation. The district party committee and the district government "two offices" specially issued implementation opinions, which greatly promoted the grassroots litigation dispute resolution work.
From January to June, 2019, the hospital ushered in the "inflection point" for the first time when the number of litigation cases continued to grow for many years. Among them, the number of civil and commercial cases decreased by 6.56% year-on-year, and the rate of judgment of interest in the first instance reached 93.87% in the same period, which realized the double improvement of trial quality and judicial credibility.
Upgrading litigation service mechanism and vigorously improving judicial satisfaction
In recent years, property disputes, private lending, family disputes and traffic accident liability disputes have flooded into the courts, adding fuel to the situation of "litigation explosion", and many disputes can easily lead to group contradictions, and related issues have attracted more and more attention from the judicial circles. In Gaochun District Court, the number of civil disputes has increased by 45.86% in the past four years. The traditional contradictions such as rural land contracting, neighborhood and marriage, and new types of disputes such as urban property disputes, house demolition, wages and services, and real estate are all high.
"After combing, it is found that there are 60 villages (communities) with a litigation rate higher than 100% in 145 villages (communities) in the whole district." Zhou Shouzhong, Party Secretary and President of Gaochun District Court, said that if we can achieve the goal of "minor disputes don’t leave the village (community) and major disputes don’t leave the township", we can achieve the goal of "no litigation" in a certain sense, which will help the grassroots to practice the "Fengqiao experience" in the new era.
"Internally, we have increased the diversion of pre-litigation cases, intensified mediation efforts, and actively sought the support of various departments, especially villages and communities with frequent contradictions and disputes, sorted out contradictions and disputes, and played a dynamic role in actively resolving contradictions before litigation." Zhou Shouzhong said.
Therefore, with the help of technologies such as face recognition, fingerprint scanning, voice recognition, artificial intelligence backfilling, and other convenience measures such as online payment, document copying system, electronic library, and automatic filling machine, the hospital upgraded and built a modern litigation service center with "one-stop service, one network for all", which fully integrated functions such as pre-litigation diversion, case registration, litigation service, case quick adjudication, litigation mediation and docking, complaint-related letters and visits, and judicial assistance.
"The online filing rate has reached 90.27%, of which the success rate of filing has reached 92.86%, and the problem of filing complaints has basically disappeared." Fu Ming, the person in charge of the filing court of the hospital, introduced that the satisfaction of judicial services has been greatly improved through the implementation of "no-face-to-face" online filing for six types of subjects, including law firms, legal service offices, legal aid centers, financial institutions, and property companies, as well as the implementation of "Gaochun court delivery" and supporting electronic delivery means such as "smart delivery", telephone, SMS and WeChat delivery.
"From January to July this year, 1,532 cases of disputes were diverted before litigation, of which 1,326 were settled through mediation." Fu Ming said that the four types of cases that are most easily settled by mediation are mainly property disputes, service contracts, private lending, marriage and family, accounting for 55%. Many of the disputes have clear rights and obligations between the two parties and clear facts, and the target amount is small. As long as you do a good job, you can completely eliminate them at the grassroots level.
Integrating all kinds of resources at the grass-roots level and establishing 7511 mechanism
It is understood that the Gaochun District Court has devoted its efforts to improving the concept of "litigation-free village residence" and formulated a more detailed implementation plan of "litigation-free village (community)" with the support of the Gaochun District Committee and the Political and Legal Committee of the District Committee.
In the meantime, the hospital explored relevant implementation experience with the joint community of Gubai Street as a pilot. "The court has set up a circuit court in our community and established a resident judge. When encountering difficult problems involving legal disputes, the judge can intervene between the two parties to explain." Liu Dongping, secretary of the General Party Branch of the United Community, told reporters.
There is a natural village in the jurisdiction to be demolished, and there is a case that the father and daughter are clamoring for a lawsuit, and the two sisters are fighting for the house and the compensation for land acquisition. "The judges of the Circuit Court visited the community, linked with community cadres, patiently publicized policies and laws at home, and resolved their doubts. There was no lawsuit or petition during the demolition process." Liu Dongping said.
It is understood that in the Gubai Street Circuit Court, the "7511" mechanism has also been explored in light of local conditions, that is, relying on seven teams, including grid workers, rural sages, village cadres, people’s mediators, resident judges, resident police officers and legal advisers, a five-layer contradiction and dispute mediation platform has been built to mediate contradictions and disputes, including grid workers, natural village cadres, rural sages, administrative village cadres and judicial people’s mediators.
"In the past, judges had to serve in the village, but people were not right, and there were people with the same name and surname." Zhou Zhongqiang, a judge of the Lacquer Bridge Court in the United Community, said that there are now grid workers "opening the way" in front, which reduces a lot of troubles, and ordinary people are also easy to talk and communicate, saving a lot of time for mediation and investigation.
"Based on the pilot experience and the litigation rate data of villages (communities) in the past two years, we set the standard for establishing non-litigation at 100/10000. We hope that after two years of establishment, more than 80% of villages (communities) in the whole region will meet the standard." Zhou Shouzhong believes that to achieve this goal, the courts need to adopt various ways to continuously extend the coverage of litigation services and enhance the people’s recognition of mediation.
Play a series of combination boxing services to resolve disputes
It is understood that the Gaochun District Court issued the Implementation Opinions on the establishment of a "litigation-free village (community)" in the Gaochun District Party Committee Office and the government office in accordance with the "Implementation Plan" for the establishment of a comprehensive platform for non-litigation dispute resolution by the Jiangsu Provincial Department of Justice, and jointly formulated relevant working rules with the Gaochun District Judicial Bureau.
Among them, the court set up circuit courts in sub-centers of non-litigation services in towns (streets), circuit trial service points in judicial administrative service stations in villages (communities), and equipped with self-service litigation service terminals. "Gradually realize the filing of litigation service clusters with remote circuit courts and circuit trial points as fulcrums." Fu Ming, the person in charge of the filing court of the hospital, said that in order to sink judicial resources and popularize public judicial services, it is stipulated that trial service points can be fixed to contact judges in towns (streets) and villages (communities), and the judges will be included in the grid for the investigation and resolution of contradictions and disputes.
"There are constraints such as the scarcity of post judges and the unbalanced demand for resolving disputes with the masses. We will start to improve the application of information platform in grassroots circuit courts." Zhou Shouzhong said, in practice, it has also been put forward that the judges in the docking village (community) trial service point should achieve "four musts", that is, the village (community) must arrive when there is an important need for deliberation, when there is an emergency, when there is a big dispute settlement, and when there is a need for training and guidance for people’s mediation organizations.
The Political and Legal Committee of Gaochun District Committee also incorporated the activity of "litigation-free village (community)" into the annual assessment of peace and rule of law construction. A series of combination punches have ushered in an "inflection point" in the case growth of Gaochun District Court for many years. The number of mediation cases before litigation has risen sharply, and the number of traditional civil and commercial cases such as property service disputes, family disputes and private lending disputes has decreased significantly.
Gaochun District Court has also actively set up an integrated work pattern of "civil speedy adjudication+people’s mediation", and "filtered by layers" the cases that are still brought to court after all levels of work, and adopted the method of "screening the sieve" to classify construction contract disputes, equity disputes and other types of cases as complicated cases, while other simple cases are diverted to various speedy adjudication teams. In the first half of 2019, the hospital solved 82.76% of the cases with less than 30% of the resources. The average trial days of quick adjudication cases were less than 20 days, and the rate of first-instance judgment was 97.34%. (Reporter Ding Guofeng)