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[Political and Legal Organ News] Issue 214

author:Sanmenxia Politics and Law
[Political and Legal Organ News] Issue 214

Lushi County Court

The "final book" is not the "end" and the 10-year backlog of cases must be concluded

"Thanks to the judge's persistence over the past ten years, he finally helped me get back this compensation, and I understand the difficulties during this period." Applicant Sun said with emotion. Recently, the Lushi County People's Court successfully completed the execution of an "old case" that lasted nearly ten years in the special enforcement action of "final clearing", protecting the rights and interests of the parties.

Sun and Liu have a stepmother-son relationship, and there was a dispute over trivial family matters, and in 2013, Liu tricked Sun into the alley by phone and beat Sun with a wooden stick to slightly injure him. Afterwards, Liu was sentenced to one year and five months in prison and compensated Sun more than 160,000 yuan. This case was first filed for enforcement in 2014, and it was found that the person subject to enforcement, Mr. Liu, had no property in his name for enforcement, and that Mr. Liu was serving a prison sentence, and his father was old and had no ability to repay on his behalf, so this court closed the case in accordance with the law. In 2017, the presiding judge resumed the execution of the case and deducted 12,000 yuan from the bank card inquiry under Liu's name, and then Liu changed his number, but he did not know his whereabouts, which caused the case to reach an impasse again and was forced to finalize.

Although the case has been "final" many times, the enforcement judge has not stopped paying attention to the case, and this year to carry out the special activity of "clearing the final book", the Lu court increased the search for the person subject to execution in the final case, and finally contacted Liu in June, and after the persuasion of the enforcement judge, the two parties reached a settlement, and Liu borrowed 98,000 yuan from relatives and friends to pay a one-time compensation to Sun. This 10-year-old "case" has finally been concluded.

[Political and Legal Organ News] Issue 214

Lingbao City Court

"Joint Mediation + Immediate Performance"

Put dispute resolution on the "fast track"

"Thank you to the judge for helping me recover the ......arrears that have been in arrears for ten years" On June 26, the Guxian People's Court of Lingbao Municipal People's Court, together with the Guxian Judicial Office, efficiently resolved a private lending dispute case through linkage mediation and on-site performance, effectively safeguarding the legitimate rights and interests of the parties, and achieving the substantive effect of "the case is closed".

In 2014, Su borrowed a total of more than 90,000 yuan from Yang in three installments, and after repaying 30,000 yuan, Su did not repay the loan on the grounds of difficulty in business capital turnover.

After accepting the case, the county court immediately joined hands with the county judicial office to carry out mediation work after learning that the parties had failed to mediate many times in the town judicial office, and strive to completely digest this "ten-year-old account". During the mediation, the cadres and police officers patiently explained the law to both parties and took the trouble to do the ideological work of both parties by explaining the law and reasoning. After unremitting efforts, the two parties reached an agreement: the defendant Su repaid the plaintiff Yang a total of more than 50,000 yuan in principal and interest. "It only took half a day from mediation to getting the money, and I heard that it was very troublesome to fight a lawsuit, but I didn't expect the court and the judicial office to help me solve my troubles so quickly." The party Lao Yang said excitedly after getting the money.

[Political and Legal Organ News] Issue 214

Who will bear the responsibility for accidentally injuring a friend while playing?

Playing with children is a common scene in daily life, but because children have limited ability to foresee dangers, in recent years, there have been many cases of accidental injuries due to playing together. So, who is responsible if you are injured in an accident? Recently, the Lingbao Municipal People's Court concluded a case of disputes over the right to life, the right to body, and the right to health in accordance with the law.

13-year-old Xiao Ming and 11-year-old Xiao Liang live in the same neighborhood and often play together. One day in March 2023, Xiao Ming met Xiao Liang who was playing with a stainless steel stick in the community square. Xiao Ming walked to Xiao Liang's right side and squatted down, took a stick from Xiao Liang's hand, shook the dirt a few times, then got up and bent over to stand, and accidentally stabbed Xiao Liang's right eye in the process of swinging the stick.

That night, Xiaoliang's parents took Xiaoliang to a hospital in Lingbao City for examination, and then took Xiaoliang to a hospital in Xi'an City for surgery overnight. After the treatment, the parents of both parties failed to reach an agreement on the issue of compensation, and Xiao Liang's parents sued Xiao Ming and his guardian to the Lingbao Court in the name of Xiao Liang, demanding compensation for medical expenses, nursing expenses, lost work expenses and other losses totaling 14,329.74 yuan. During the trial, the two parties disputed whether Xiaoliang's treatment exceeded the necessary limit. Xiao Ming's mother believes that the examination at Lingbao did not diagnose the injury, and the treatment in Xi'an is not necessary. Xiao Liang's parents believe that Xiao Liang was sent to Xi'an for examination and immediately underwent surgery, and it can be determined that Xiao Liang's eye injury was caused by Xiao Ming. During the trial, the two sides had big differences, and the mediation work did not achieve results.

After trial, the Lingbao Court held that if the actor infringes on the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability. Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability. In this case, Xiao Ming stabbed Xiao Liang's right eye while swinging a stick, and at the time of the accident, Xiao Liang and Xiao Ming did not fight with each other, and according to the medical records, Xiao Liang's eye injury was objective, and Xiao Ming should be liable for Xiao Liang's injury, because he was a minor, his guardian should be liable, so Xiao Ming's guardian was ordered to compensate Xiao Liang for medical expenses and other losses totaling more than 10,000 yuan.

Michi County Courthouse

Carry out the "6.26" International Anti-Drug Day theme publicity activities

In order to raise the public's awareness of the dangers of drugs and further enhance the national anti-drug awareness, on the occasion of the 37th International Anti-Drug Day, the Mianchi County Court organized cadres and police officers to carry out the "6.26" International Anti-Drug Day theme publicity activities in the county 10,000 people square.

At the event site, the cadres and police officers publicized anti-drug knowledge and related laws and regulations to the masses in the past by hanging banners, setting up exhibition boards, distributing leaflets, comic booklets, etc., and let the masses more intuitively understand the harm of drugs to individuals, families and society by explaining the law with cases, and guided the masses to enhance their awareness of drug prevention and consciously resist drugs. More than 200 brochures were distributed and more than 60 legal consultations were provided on site.

At the same time, a combination of online and offline publicity methods was adopted, and anti-drug public welfare warning films and LED screens were continuously broadcast inside and outside the court, so as to popularize drug prevention education knowledge to party members, cadres and police officers and the masses in the past, enhance the national anti-drug awareness, and create a strong atmosphere for the whole society to participate in drug control.

[Political and Legal Organ News] Issue 214

(Source: Lu's Court, Lingbao Court, Yangshao Law Soul)