6-hour mediation tour to resolve property disputes among more than 30 villagers
2024-09-03
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the picture shows judges xu mingqi, tian xiaoyu and jin shaoyu of the zhangjiawan people's court of the tongzhou district people's court of beijing conducting mediation work for villagers involved in relocation and inheritance disputes in the village committee office of lianggezhuang village, zhangjiawan town on august 23, 2024.
"thank you to the judge for coming to mediate and patiently explaining the law. we can move into our new home smoothly, which is inseparable from your hard work!" at the mediation site in lianggezhuang village, zhangjiawaan town, tongzhou district, beijing, an old man sincerely thanked the mediating judge.
on august 23, a team of judges from the zhangjiawan people's court of the tongzhou district people's court "delivered the law to the door" and went to lianggezhuang village to carry out a circuit mediation work on disputes involving relocation and inheritance. they resolved conflicts and disputes for the villagers on the spot and helped them move into their new homes as soon as possible, which won unanimous praise from the villagers.
"we were about to get the house title, but the person we relocated to died. can we still get the house title?"
"we just got a house after relocating not long ago, but the person who got the house passed away. we have several brothers and sisters, so who should this house belong to?"
in the sweltering heat of august, the dispute resolution liaison station in lianggezhuang village, zhangjiawan town, was crowded with villagers, who were anxiously asking the liaison officer about the issue of housing allocation after relocation. the village-level dispute resolution liaison station is an important part of the four-level dispute resolution network of the tongzhou district court, and is a "bridge of communication" between the villagers and the court. villagers would come here to seek help if they had any conflicts or disputes.
the liaison officer calmed the villagers down, learned the details from them, and actively reported to the village's district judge. it turned out that lianggezhuang village had carried out a relocation project in 2018. in the past few years, many people who were relocated and resettled died, which caused many inheritance disputes, involving the registration of the ownership of a large number of resettlement houses.
after learning about the above situation, zhangjiawan court immediately held joint consultations with relevant administrative departments, sorted out more than 30 such disputes in lianggezhuang village, and investigated the specific circumstances of each household. considering that the cases are all inheritance disputes and some cases involve many parties, in order to reduce the burden of litigation on the parties and resolve disputes efficiently and conveniently, zhangjiawan court decided to assign a team of three judges, xu mingqi, jin shaoyu, and tian xiaoyu, to go to lianggezhuang village to carry out itinerant mediation work.
due to the special relationship between the parties and the fact that the case involved many relocation compensation items and huge interests, many parties were emotional on the day of mediation. therefore, the mediation work did not go smoothly at the beginning.
"my mother was also a resettled person. she passed away. why can't i get a house?" an old lady argued loudly.
the old man at the side was not to be outdone: "why do you say that? usually our mother lives with me, i spend all the money inside and outside, i take care of her, and the homestead is registered in my name, what do you have the nerve to share?"
"so does our mother live with me for a period of time every two months? when our mother was sick, did i ever pay less than a penny? are you lying with your eyes open?" the auntie spoke even louder.
in one inheritance dispute, there were more than 20 people involved and their relatives, who surrounded the office. the children had long been resentful of the elderly over their parents' care, and after some of the people who were resettled died, they argued over whose name the resettlement housing should be allocated to.
seeing this, the presiding judge jin shaoyu wiped the sweat off his face and patiently calmed the client. he then guided the client to express his demands in an orderly manner. as the case was narrated, the whole story of the case gradually became clear.
it turns out that sun (deceased) and guo (deceased) had seven children, including guo mouyi and guo mousan. guo mouyi and yu (deceased) had three daughters, including guo mouqing. guo mouqing and her husband meng had an only daughter, meng moucheng. a homestead in lianggezhuang village was registered under the name of guo. after the relocation project was launched, there were four resettlement houses corresponding to the homestead, and a total of six people were resettled, namely sun, guo mouyi, yu, guo mouqing, meng, and meng moucheng. now that sun and yu have passed away, their heirs have major disagreements on how to determine the scope of the estate and how to divide the estate.
in view of the tense situation between the two parties, jin shaoyu decided to adopt a "back-to-back" mediation method. during the communication, he learned that except for guo san and guo yiyi, all other children had given up their inheritance. guo san believed that he had fulfilled his support obligations to sun and had the right to share the relevant shares of the resettlement housing; guo yiyi insisted that he had fulfilled his main support obligations, and that sun became a resettled person because he lived with him on the homestead involved in the case, and he did not agree to share any resettlement benefits with other brothers and sisters. in addition, guo mouqing believed that he and his daughter had been living on the homestead involved in the case, and as a resettled person and the heir of yu, he should be allocated a resettlement house.
after sorting out the two points of disagreement between the two parties in this case, jin shaoyu decided to "defeat them one by one": regarding the inheritance of sun's estate, considering that if guo mousan inherited the share of the house, it would be detrimental to the integrity of the house, and there might be more conflicts with guo mouyi in the future on issues such as how to live and use the house, he proposed a compromise plan that guo mouyi compensated guo mousan's inheritance share at a discount; regarding the inheritance of yu's estate, jin shaoyu found that guo mouyi's three daughters had no objection to the resettlement housing involved in guo mouyi's inheritance case, and guo mouqing's core demand was to fight for the rights and interests of himself and his daughter meng moucheng from the four resettlement houses, so he took a different approach and proposed a plan in which guo mouyi inherited the resettlement houses as the estates of sun and yu, and the other resettlement houses would be confirmed to be owned by guo mouqing and meng moucheng.
after hearing the new mediation plan, the emotions of both parties calmed down. jin shaoyu took advantage of the situation and further explained the law in combination with the relevant provisions of the civil code on statutory inheritance and the relocation policy of lianggezhuang village. after two hours, the two parties finally reached an agreement and the case was successfully mediated.
through six hours of circuit mediation, the three teams of judges successfully resolved more than 30 disputes involving relocation and inheritance.
"the village-level dispute resolution liaison station has opened up a new outlet for the resolution of legal and litigation disputes, fully realized the linkage between the government and the court, and promoted the extension of the rule of law to the front end of the chain of conflicts and disputes. the meticulous and patient itinerant mediation work of the judges of zhangjiawan court helped us solve a major issue and put the villagers at ease!" the zhangjiawan town government staff present praised sincerely.
what they took out were steps that warmed people’s hearts. the half-day high-intensity circuit mediation was a microcosm of the judges of tongzhou district court getting close to the people and taking root at the grassroots level.
author: wang jiayi and wu yaqi | photography: ji xinrui
source: supreme people's court
