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A 5-year-old girl fell and injured herself in a kindergarten, and the Sihong Court filed a case for trial

A 5-year-old girl fell and injured herself in a kindergarten, and the Sihong Court filed a case for trial
A 5-year-old girl fell and injured herself in a kindergarten, and the Sihong Court filed a case for trial

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来源 | 泗洪法院编辑 | 张新月 审核 | 张希刚

School safety is related to the healthy growth of every child, and is a common concern of parents, schools and society. Recently, through patient and meticulous mediation, the Sihong Court successfully mediated a case of accidental injury to a child between classes. 5-year-old girl Xiaoduo went to school in the kindergarten class, and when she was in the outdoor activity class in the kindergarten, she fell to the ground from the amusement equipment, resulting in a fracture of the left lateral malleolus of the humerus, a fracture of the left ulna (coronal process), and a nasal fracture, and the child was operated on and hospitalized in hospitals in Sihong, Nanjing and other places for 5 days, spending a total of more than 14,000 yuan in medical expenses. Xiao Duo's parents and the kindergarten on medical expenses, hospital meal subsidies, nutrition, nursing fees, transportation expenses and other compensation negotiations failed, so Xiao Duo's parents came to the Sihong County Social Governance Service Center to reflect the demands, after analysis and screening, the center entrusted the Sihong County People's Court to resolve the dispute. For the contradictions and disputes accepted, the Sihong Court strengthened the in-depth use of the "integrated court", improved the three-step work method of "pre-litigation + litigation + post-litigation", effectively promoted the resolution of contradictions and disputes at the source, on the spot, and substantively, and improved the effectiveness of grassroots social governance. In the front-end resolution stage of the dispute, the Sihong Court arranged a mediation team composed of a post judge, a judge's assistant and a senior mediator to sit in the center around the clock, answer the public's legal consultation questions on the spot, and mediate and resolve conflicts and disputes in a timely manner. The case was first guided to the mediator for mediation. The mediator conducted several rounds of mediation with the parties, and after the mediation failed, the case was filed by the court.

A 5-year-old girl fell and injured herself in a kindergarten, and the Sihong Court filed a case for trial

After taking over the case, Judge Zhang Jie believed that the case could not be compensated with a simple judgment, because the case involved the learning and growth of children, the future education methods of parents and schools, and even affected the value orientation of society within a certain range. Therefore, the judge organized the judicial office, mediators and community cadres to carry out joint resolution, and went deep into the "integrated court" of the community where the parties to the case were located to carry out a circuit trial, and invited some students' parents, school representatives, and community members to observe the trial. During the trial, the judge focused on reconciling the antagonistic emotions between parents and the school. For Xiaoduo's parents, the judge patiently listened to their reasonable demands, put themselves in their shoes and guided them to vent their negative emotions, and after they gradually calmed down, they "untied the knot of the law and the knot of their hearts". For schools, judges explain reasoning and legal reasoning for them, and guide them to empathize and resonate emotionally. With the patient mediation of the team members, the parties finally reached an agreement and completed the implementation on time. In order to avoid the occurrence of similar cases and further do a good job in the "second half of the article" of judicial services, the Sihong Court actively carried out post-litigation follow-up visits. First of all, the Sihong Court conducted a return visit with the leaders of the school, and put forward opinions and suggestions on the supervision of campus activity venues and the investigation of daily safety hazards. Second, the Sihong court reminded the parents involved in the case to educate and guide the children to abide by the safety system and avoid getting hurt or harming others due to misconduct. The mediation not only successfully resolved the conflicts and disputes between the parties, but also effectively promoted the improvement and promotion of campus safety management. The "Convergence Court" is one of the "codes" for dispute resolution in the Sihong Court. Since the beginning of this year, the Sihong Court has taken the initiative to integrate into the construction of the county social governance center, entrusted a large number of disputes with clear contradictions and simple demands through the platform, and used the three-step work method of "pre-litigation + litigation + post-litigation" to resolve contradictions and disputes at the grassroots level to the greatest extent and consolidate the foundation of social stability.

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