Shenzhen Bao'an, the ancient Lingnan town that has gone through thousands of years, has always been favored by the opportunities of the times. Major national strategies such as the Guangdong-Hong Kong-Macao Greater Bay Area, Qianhai "Expansion Area" and the pilot demonstration of the integrated high-quality development of the Pearl River Estuary in the Greater Bay Area have been implemented one after another, and Bao'an has been "circled" layer by layer.
Today's Bao'an, like a huge magnetic field, has attracted a large number of people, logistics, capital and information to flow rapidly. In this context, a smooth traffic network and a safe and worry-free travel environment are essential, and it is also urgent to reduce road traffic accident disputes (hereinafter referred to as "road traffic disputes"). As the forefront of the courts' participation in grassroots social governance, the people's courtrooms have an unshirkable responsibility to provide high-quality and efficient judicial protection.
In 2020, the People's Court of Bao'an District, Shenzhen, Guangdong Province, based on the characteristics and functional positioning of the jurisdiction, decided that the Xinqiao People's Court would concentrate on handling road traffic dispute cases. The Xinqiao Court, which took over the important task, based on reality, boldly explored and innovated, and gradually built a new mechanism for harmonious and efficient handling of road traffic disputes with "linkage", "mediation" and "prevention" as the core. In 2024, the Supreme People's Court will release the typical cases of "Building a Fengqiao-style People's Court and Implementing the Statutory Functions of Guiding Mediation" in four batches, and the case of Xinqiao Court will become the only two selected cases in Guangdong Province.
Multi-party linkage to improve quality and efficiency
"I can accept paying it off in a month. But what if he doesn't perform as agreed after signing the mediation agreement? "I'm afraid you'll make a new request later?"
In the Office of the Integrated Mediation Mechanism for Road Traffic (hereinafter referred to as the "Road Mediation Office"), the parties to a non-motor vehicle traffic accident liability dispute reached a preliminary settlement plan through mediation, but they were not at ease with the other party's commitment.
Seeing that the atmosphere that had just eased up was tense again, the mediator informed them that they could use judicial confirmation to protect their legitimate rights and interests. This proposal was accepted by both parties, and the mediator then assisted them in applying to the Pont Sinbashi Court for online judicial confirmation. The court completed the online review on the same day and issued a judicial confirmation ruling.
"I really didn't expect to settle the matter without going to court, thank you." After receiving the compensation on time, Zhang Mouli, a party to this dispute, made a special call to thank the mediator.
The birth of the road adjustment room originated from the communication and coordination of multiple departments.
In order to achieve "settlement of claims for minor matters, mediation of major matters, and linkage resolution of complex matters", Xinqiao Court signed a memorandum of cooperation with the public security, judicial administrative departments and insurance dispute mediation institutions to clarify the responsibilities of relevant departments in resolving road traffic disputes and unify the legal application standards of road traffic disputes.
Since then, Bao'an District road traffic disputes have begun to implement a hierarchical and progressive mediation model. When the traffic police determine the responsibility at the scene of the accident, they will give priority to guiding the insurance claim procedure to negotiate and settle it; If the negotiation fails, the public security traffic police department shall organize and carry out tripartite mediation; If mediation fails, the Bureau of Justice shall dispatch a people's mediator to organize mediation again. After the mediation agreement is reached, the parties can apply for judicial confirmation online. If a settlement cannot be reached, it will be immediately transferred to the case filing procedure to ensure that pre-litigation mediation and case filing in accordance with the law are seamlessly connected.
The judge of the Xinqiao Court of the Bao'an Court and the specially invited mediator organized the parties to mediate in the road mediation room.
The road adjustment room also came into being, with one in the Bao'an District Traffic Police Accident Squadron and the Xinqiao Court, as a working platform for the usual linkage and docking, to realize the rapid flow, seamless connection and efficient processing of case information between relevant departments, and to provide parties with services such as responsibility determination, pre-litigation identification, mediation and consultation.
Under this mechanism, the resolution of road traffic disputes in Bao'an District has been accelerated and increased. The data shows that since 2020, after the whole chain of mediation and hierarchical filtration, the disputes that finally enter the court account for only 1.2% of the total number of traffic accidents in the jurisdiction.
Categorical mediation is the right medicine
"After logging in to the handheld court, please carefully review the mediation agreement, and after confirming that it is correct, follow the prompts to sign and confirm......" In the road adjustment room of the Xinqiao Court, another dispute over compensation for operating vehicles caused by traffic accidents was successfully resolved.
Previously, Deng drove a small car and had a scraping accident with a taxi driven by Zhao, and the transportation department determined that Deng should be fully responsible. The accident caused Zhao's vehicle to be damaged and suspended for 5 days.
However, in the face of Zhao's claim for the loss of suspension of operation, Deng and an insurance company refused to compensate. Helpless, Zhao had no choice but to sue the court. After the case was filed, it entered the pre-litigation mediation stage and was assigned to Li Xiaohua, a specially invited mediator from the Shenzhen Insurance Consumer Rights Service Center.
"The loss of suspension is an indirect loss and is not within the scope of the insurance company's claim...... Under Li Xiaohua's patient answer, Deng accepted the objective fact that he should compensate for the loss of outage, and the two parties reached a settlement opinion, and Zhao gave up the lawsuit.
There are three specially invited mediators like Li Xiaohua in the Xinqiao court.
In order to resolve road traffic disputes more efficiently, the Xinqiao Court invited the judicial administration, traffic police departments and insurance dispute mediation agencies and other institutions and departments in the jurisdiction to settle in the road mediation room and form a professional mediation team with judges and judges' assistants.
In addition, the Xinqiao Court also implements a classified mediation model, that is, disputes involving insurance claims are handled by the mediator of the insurance industry, the emotional parties are guided by the mediator specially invited by the Psychological Association, and the rest of the disputes are mediated by the people's mediator. At the same time, judges are specially responsible for guiding pre-litigation mediation and pre-litigation appraisal, and continuously improve the ability level of the mediation team.
"Nowadays, most of the cases accepted by the court are complex road traffic disputes involving personal injury and suspension losses, and these mediators are like 'specialist doctors', 'checking the pulse' in their own 'professional outpatient clinics', so that one by one 'stubborn diseases' can be solved by prescribing the right medicine. As a result, the success rate of mediation has increased considerably. Zhou Bin, president of the Xinqiao Court, said.
It is understood that the settlement of road traffic dispute cases intervened by specially invited mediators will take less than a week to reach a settlement at the earliest, and most of the whole process will be carried out online, which not only reduces the burden of litigation of the parties, but also greatly saves judicial costs.
Make great efforts to prevent it at the source
"Court is now open!"
On the eve of "May Day", as the judge of the Xinqiao Court sounded the gavel, the trial of a motor vehicle traffic accident liability dispute case was held in the Grand Theater of Xinqiao Culture and Art Center in Xinqiao Street, and more than 50 community residents attended the scene.
On the day of the event, the judge conducted a trial of the facts of the case around the focus of the dispute between the two parties, organized the parties and their lawyers to present evidence and cross-examine the evidence, and on the basis of ascertaining the facts of the case, explained the relevant legal provisions in detail, and cleared the doubts of both parties. In the end, under the auspices of the judge, the parties settled in court and reached a mediation agreement.
After the trial, the Xinqiao court police and volunteers from the neighborhood office also distributed legal popularization publicity materials to the observers, and carried out one-on-one and face-to-face legal consultation services.
"It's worth it this time, not only did I learn some legal knowledge of traffic accident compensation, but I really felt the fairness and justice around me." Uncle Li, who participated in the whole event, sighed.
In April 2024, the Xinqiao Court of Bao'an Court will carry out circuit court activities at the Grand Theater of Xinqiao Culture and Art Center in Xinqiao Street.
In recent years, the Xinqiao Court has continued to carry out popular science activities on traffic safety laws and regulations in the community, and has continuously improved the public's awareness of the rule of law through roving trials, lectures on the rule of law, and law popularization booths.
In addition, the Xinqiao Court also gave full play to the role of judicial suggestions in the management of the source of litigation, and provided accurate suggestions to relevant departments and industry organizations in a timely manner in response to the irregular behaviors of judicial appraisal institutions and the frequent occurrence of disputes over the loss of online car-hailing services found in the handling of cases, and actively tracked the implementation of the recommendations to avoid disputes from the source.
In the future, the Xinqiao Court will continue to focus on the construction of characteristic courts and professional trials, promote the construction of Fengqiao-style people's courts, explore more beneficial experiences in multiple dispute resolution of road traffic disputes, and strive to provide more convenient and efficient channels for the people to resolve road traffic disputes, so as to draw more good "maple" scenes in the field of road traffic dispute resolution.
Bao'an Daily All-Media Reporter Zhang Jianfeng Correspondent Gu Yayan Chen Jiating / Text Huang Zhenzhen / Picture
Edited by Chen Dong