Editor's note
Prosecution, service, hearing, and judgment
Navigate the tight legal process
They uphold the impartiality of the referees
Be the one who settles the score
But the world is inextricably linked
How can a few legal texts be able to cover it?
Conflict of interest Emotional entanglement
Historical issues policy restrictions
They want to be the "golden key" to solve the puzzle
Listening, visiting, reassuring, mediating
Uncover the truth little by little
Step by step, into the hearts of the masses
Ask the ideal original intention over and over again
There is hard work and melancholy, joy and encouragement
How can a single piece of paper be written?
From now on, the Beijing Law Network will be launched
A series of judges' stories and people's livelihood stories
Uncover the story behind the verdict
Say what the judge really has to say
Let's take a look today
Political Department of Fangshan Court
Wu Minghui narrated
"There's an Echo on the Other End of the Phone"
A dispute over a water leak in a house
Upstairs, the owner's phone has not been answered
Appears in a "lost" state
Exhausted all means of delivery and still found nothing
How can I get that call to go through again
The presiding judge Lu Shaohan kept searching
finally
He found a clue in the purchase contract 15 years ago
That's the clue
The long-dormant phone call finally got an answer
Calls that go unanswered
"I've made dozens of calls, and still no one answers!" After receiving the case, Lu Shaohan and his assistant began to call the defendant Ms. Zhang in turn.
In order to avoid the expansion of the loss and the injured party can repair it in time, Lu Shaohan immediately inspected the scene, fixed the evidence, checked the cause of the water leakage, and looked for Ms. Zhang's contact information.
"Is the waterproofing all done now?" At Mr. Zhu's house in a community in Doudian, Fangshan District, Beijing, Lu Shaohan took photos and records while inquiring about the repair of the house.
The property personnel who accompanied the on-site inspection said that because the owners of the upstairs did not recognize the loss and the amount of compensation, and the cost of waterproofing was not negotiated, they did not do it for a long time.
"It's raining heavily outside, and it's raining lightly in my house......" Under Mr. Zhu's guidance, the warping and cracking of many roofs, window frames and other decorations in the house are still clearly visible. According to Mr. Zhu, during several heavy rains last summer, the upstairs neighbor's house leaked seriously, because it was not detected in time and no one treated it, resulting in a large amount of water accumulation in the house, causing the upstairs water to leak to his own home.
"What's going on upstairs, has there been no one at home for a long time?" Coming to the door of 601 upstairs, Lu Shaohan was shocked by the multiple reminders of different styles on the door of Ms. Zhang's house. When he was in doubt, the property staff took out the key and opened the door, and a damp air that did not emanate came to his face.
The size of the house was covered with old sheets, and it was clear that the house had not been inhabited for a long time. Buckets of rain were still placed all over the house, and the floor was bulging to varying degrees.
After some introduction by the property staff, Lu Shaohan learned that because 601 had been uninhabited for a long time, the owner left the key in the property for backup to deal with housing emergencies. But because the owner of the downstairs claimed compensation for the loss, when the property management company contacted her, Ms. Zhang played "missing".
In the following month or so, Lu Shaohan and his assistant exhausted all kinds of ways to "find" Ms. Zhang.
From Ms. Zhang's current residential address to her registered address, the mail delivery ended in "unsuccessful delivery"; The contact information obtained from the property was to all the numbers registered by the telecom operator, but the number that went unanswered was reached.
Address 15 years ago
With the reminder notices on the door of Ms. Zhang's house, the indictment and the summons for the court opened, how to make this call go through again, Lu Shaohan thought about it repeatedly.
"Let's go check the property information."
In order to confirm the property rights of the house, Lu Shaohan and his assistant went to the Fangshan District Real Estate Center to retrieve the real estate registration information of this set of 601, and were eager to find the same person or other contact information.
But the result was not as smooth as expected, all the information of the house purchased from the developer in 2009, except for the phone number of the intermediary purchaser, there was no relevant information about the same person and emergency contact, and the two mobile phone numbers left at that time were also empty.
Lu Shaohan flipped through dozens of pages of real estate information, slowed down and focused on reading where there was a signature.
"No. XX, XX Street, Fengtai District, Beijing......" A brief address and an 8-digit landline number, Lu Shaohan quickly circled it with a pencil, which was the mailing address left by Ms. Zhang when she bought the house. There is no specific room number, is it the community or the workplace where you lived at the time? All kinds of speculations in my mind came to me for a while.
Lu Shaohan picked up his mobile phone and searched for this address from the map - Beijing Municipal M Bureau, now this unit has moved to the sub-center of Beijing, and after many years of changes, I wonder if I can still find Ms. Zhang herself?
Subsequently, Lu Shaohan found the official phone number of the agency through the 114 platform.
"I don't know the person you are talking about, the phone number you are talking about seems to be the number segment of our unit, but no one is using ......" "She was born in 1961 and is 63 years old this year, could she be your retired cadre?" Regarding the only clue left on the purchase contract 15 years ago, Lu Shaohan didn't want to give up, and repeatedly confirmed Ms. Zhang's information like a cloud, and asked for a call from the retirement office. After contact, it was finally confirmed that Ms. Zhang was a retired cadre of the unit.
Lu Shaohan briefly explained the facts of the case, hoping that the retirement office could help him contact Ms. Zhang, and if the court announcement was served and the trial was conducted in absentia, it would be deemed that she had waived her litigation rights. In order to prove his identity, Lu Shaohan left his contact information and certificate information.
The staff of the retirement office said that they could try to contact Ms. Zhang and ask the court to wait for news.
A few days later, after the retirement office contacted and verified her identity through other veteran cadres, Ms. Zhang finally "appeared". The staff provided her with the court's information and telephone number, and conveyed to her that the judge had gone to great lengths to find her in order to ensure her right to procedur.
Where did Lu Shaohan wait for Ms. Zhang's callback, and quickly dialed the phone number that was about to burst, and after a few waiting tones, there was finally a reply on the other end of the phone.
Online court hearings to resolve disputes
"If there is a dispute to be resolved, not answering the phone is to avoid the problem......" After the phone was connected, Lu Shaohan criticized the defendant Ms. Zhang.
It turned out that Ms. Zhang had been taking care of her mother in her 90s in Hong Kong, and her phone was usually silent and not used often, and she never answered or called back strange calls.
Lu Shaohan made it clear that not managing the house and not asking questions is not responsible for his own property rights and interests, and may also infringe on the rights and interests of others.
Considering that Ms. Zhang had to take care of her old mother, Lu Shaohan decided to hold an online court session and mediate after understanding her willingness to mediate.
"In the past, it was 10,000 yuan in the property mediation, but the flooding upstairs has not been resolved, so now the compensation I claim is 20,000 yuan." At the end of the online trial, Mr. Zhu's claim was very clear.
"Yes, I agree to compensation." At the end of the online trial, Ms. Zhang said that she could pay on WeChat.
In court, the two parties added WeChat to each other, and the compensation of 20,000 yuan was received immediately. The adjacent dispute caused by the water leakage of the house was successfully resolved.
At the same time, Lu Shaohan did not forget to suggest that when the house is uninhabited for a long time, she can entrust the house to relatives and friends to take care of, or entrust the house to rent out and manage, even if there is another leakage, it can be found and dealt with in time.
"Thank you, Judge Lu, I really didn't expect this troublesome thing. I will take your suggestions into account and actively manage and maintain the house." Ms. Zhang expressed her gratitude online.
Contributed by: Fangshan Court
Editor: Wu Minghui and Liu Yuhang
Review: Zhang Lei