The Yangxin County Court allows ordinary people to really be affordable in mediation

Binzhou Daily/Binzhou Net News In recent years, the Yangxin County Court has taken the "effective referee's automatic performance rate" as the starting point, adhered to the work idea of ​​"integration of enforcement", promoted the debugging punishment clause, and used the language that the masses could understand. The work allows the people to really be affordable from the mediation. In the first half of 2022, the automatic performance rate of the Civil and Commercial Effects of the Yangxin Court reached 76.94%, ranking first in the city.

"Integrated and enforcement", rely on the first step

In response to realistic issues such as "you judge you, I execute me" and "trial", "I don't care about it", the Yangxin County Court regards the effective performance of the referee as an important assessment indicator. Integration "work concept.

Shandong Engineering Co., Ltd. subcontracts the "Box Steel Steel Pile Branch" to Tianjin Construction Engineering Co., Ltd. The Shandong Company said that the Tianjin Company was not standardized during the construction process, causing some local sedimentation to be too large and a large area of ​​nearby houses. After the Yangxin County Court accepted, the Tianjin Company's counterclaimation of Shandong requested the payment of engineering funds, which involved about 1.16 million yuan.

In order to achieve the best mediation effect, Yangxin County hosted judges to invite executives, appraisers, and notarized personnel to participate in the mediation work. The notary personnel explained the notarization of the evidence, and the appraisal personnel appraised the identification of the amount and correlation of the amount of losses and associations. Shiming, the project appraisal is difficult, the cost is high, and the duration is long. The executives explain to the Tianjin company. The two parties have their own disputes. The property preservation of each other will inevitably affect the operation of both parties ... After fully communicating, the two parties have expressed their respective concessions. The Co., Ltd. pays 800,000 yuan in project funds of Tianjin Construction Engineering Co., Ltd., and has completed the court.

Recently, the Yangxin County Court also conducted a case -by -case investigation on the small standard cases entering the enforcement procedure, and resolutely eliminated the error concept Resolve contradictions and disputes on this link and procedure to prevent contradictions from interlacing up and down.

Increase the punishment clause of breach of contract and promote over -payment on the spot

The Yangxin County Court normalized the system of mediation default and punishment system. After the parties voluntarily reached a settlement agreement, the judge fully fulfilled the obligation of the review and reminded, and increased the penalty of punishment for breach of contract in routine conventions.

On April 12, 2022, the plaintiff Chen and the defendant Li had a dispute over the construction of the construction site and claimed to the court. The plaintiff stated that the defendant had pulled all the woods of the construction site. It was said that it did not pull all the woods of the construction site. The plaintiff's performance of the contract did not meet the agreement, so they could not pay. The two parties held their own words on the performance of the contract.

The judge of the Yangxin County Court analyzed from the evidence of both parties and explained the law. The case was successfully mediate and reached a mediation agreement in the case. If the defendant does not perform in full on time, it shall pay a default clause of 20,000 yuan in liquidated damages and shall issue a mediation letter by the court. After the second phase expired, the defendant delivered the payment to the plaintiff as scheduled, and the two sides were "two clear".

"The court hosted a mediation, and the two parties should come up with sincerity and perform as soon as possible. The mediation agreement cannot be an excuse for delaying performance. After a period of comparison, the mediation agreement of the default punishment clause is about 86%. The mediation agreement of the clause is 17 percentage points higher. "Zhang Chengfeng, president of Yangxin County Court Store Court, said.

Today, the provisions of the default punishment of default have become the "new normal" of the Yangxin County Court's mediation process. While ensuring the legitimate rights and interests of the plaintiff and the concept of integrity of the tree, it also effectively reduces the number of derivative cases that the mediation enters the execution procedure.

The judge takes the initiative to strive to be more cost -effective

The mediation is to balance and repair social relations with justice. The judge must take the initiative to take the initiative to help the parties choose the best way to solve the solution, so that the fairness is achieved in the best way and the fastest speed.

The plaintiff Cou filed a lawsuit to the court because the defendant Yang Xinmou owned him in owed his loan, asking the defendant company to return the principal of 510,000 yuan and 410,000 yuan in interest, a total of 920,000 yuan, and applied for the court to be within the limit of 920,000 yuan. The coal ash was used to seize the raw material for the defendant's company to produce block materials.

Yangxin's building materials company is a small and micro enterprise. The previous person in charge died suddenly. The debt owed was not yet settled, but the order was stable and the development expectations were good. After the April epidemic, the company had just resumed work and re -production. Coal ash was a necessary raw material for production blocks. Once seized, it would be stopped again.

Shi Guoliang, the deputy president of the store court, actively coordinated the plaintiff on the one hand, and changed the sealing coal ash to some machinery and equipment. It allowed the defendant to use it. Work: "Let the enterprise live, there is a possibility of repayment."

In the end, the plaintiff and the defendant reached an consensus during the trial stage: the plaintiff gave up 120,000 yuan interest, and a building material company in Yangxin returned a principal and interest of 800,000 yuan in three phases. Essence

After the signing of the mediation agreement, the person in charge of Yangxin's building materials company, Chang Shu, relieved, thanked the court and judges for their efforts for small and medium -sized enterprises. Today, the first phase of the payment has been fulfilled as agreed.

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