Wenzhou Court explores the establishment of a new mechanism for elder-suitable litigation services
Tailor-made "Umbrellas" for the elderly
● Establish a differentiated identification system to evaluate and classify the senior citizens' litigation ability, and provide senior citizens with customized litigation services with priority, preference and preferential treatment throughout the process
● Create a rule mechanism to listen to the true voices of the elderly, prevent their willingness from being represented, strengthen the interpretation of the elderly, and "focus" on risks to fully protect the legitimate rights and interests of the elderly
● Integrate departmental resources, multi-party linkage, form a joint force, and strive to build a new judicial environment for respecting, filial, and assisting the elderly in which the whole society participates
□ Our reporter Chen Dongsheng
Good rain knows the season, when spring is here.
Like the spring rain, a judicial reform for more than 1.6 million elderly people in the city is quietly unfolding in Wenzhou City, Zhejiang Province.
Facing the dual challenges of the advent of an aging society and the judicial reform in the digital age, since last year, under the guidance of the Wenzhou Intermediate Court, the courts of Wenzhou Pingyang, Lucheng and other places have actively explored the establishment of a new mechanism for elder-suitable litigation services, mediation, filing, Trial, execution, and other links provide judicial guarantees for the elderly to facilitate and equal participation in litigation activities.
"We are exploring the establishment of a new mechanism for suitability litigation services, mainly focusing on the three dimensions of litigation procedure protection, entity rights protection and social forces coordination." Liu Wancheng, President of the People's Court of Lucheng District, Wenzhou City, accepted the "Rules of Law Daily" on March 31 The reporter said in an interview that, specifically, the first is to establish a differentiated identification system to assess and classify the senior citizens’ litigation ability, and to provide senior citizens with customized litigation services with priority, preference and preferential treatment throughout the entire process; the second is to create a rule mechanism to listen The real voice of the elderly, to prevent the willingness to be represented, strengthen the interpretation of the elderly, “focus” on risks, and fully protect the legitimate rights and interests of the elderly; the third is to integrate departmental resources, multi-party linkages, form a joint force, and strive to build A new judicial environment in which the whole society participates in respecting the elderly, filial piety, providing for the elderly, and helping the elderly.
Small changes and great people's livelihood
Judicial reform solves legal problems
According to statistics, as of the end of 2019, there were 254 million people over 60 years old in my country, accounting for 18.1% of the total population, and the problem of aging society has received increasing attention.
In recent years, there have been frequent litigation disputes among the elderly. Whether it is family conflicts caused by father and son discord, misfortune infringements in public places, or new financial wealth management and pension income traps, it indicates that lawsuits for the elderly are becoming current. Another "high incidence" of judicial litigation.
Taking Wenzhou Lucheng Court as a sample, in 2020, the court accepted 3504 litigation disputes involving the elderly, accounting for about 7.5% of the total litigation cases.
Among them, there were 2492 cases involving elderly people aged 60 to 69, accounting for 71%, becoming the main force of the elderly litigation group, 732 cases involving elderly people aged 70 to 79, accounting for 21% of cases involving elderly people, and 280 cases involving elderly persons over 80. Accounted for 8%.
The oldest person involved in the litigation dispute is 98 years old.
"Our country's protection of the rights and interests of minors, women and children is relatively comprehensive. There are special chapters and special provisions on judicial protection in each special legislation, but special judicial protection for the elderly is relatively lacking, such as December 29, 2018 In the revised "Law on the Protection of the Rights and Interests of the Elderly of the People's Republic of China", the only items directly related to judicial preferential treatment are the mitigation and exemption of litigation fees and the provision of legal aid." Liu Wancheng said, "The amendment to the Criminal Law of the People's Republic of China (8) stipulates “The death penalty is not applicable to persons who have reached the age of 75 at the time of trial, except for those who cause death by special cruel means” and “If a person who has reached the age of 75 deliberately commits a crime, he may be given a lighter or mitigated punishment; for a negligent crime, he shall be punished. Lighter or mitigated punishment. In addition, other laws treat the elderly in the same way as other adults."
How to fully protect the legitimate rights and interests of the elderly and promote the comprehensive, coordinated and sustainable development of the cause of the elderly is a major issue currently facing.
In view of this, when Liu Wancheng was the president of the Pingyang County Court, he launched the nation’s first age-appropriate litigation service mechanism in 2020, established the nation’s first “elderly adapted litigation service station”, and launched six new types of suitability litigation services for family cases. Take the family trial as the starting point, and gradually build a new mechanism for elder-friendly litigation services.
In January 2021, after Liu Wancheng was transferred to the dean of the Lucheng District Court, he brought the Pingyang approach to Lucheng and further promoted the innovation of the mechanism based on the actual situation of Lucheng District as the main urban area of Wenzhou.
The Lucheng Court quickly discussed and adopted the "Guidelines for Promoting the Age-appropriate Litigation Service Mechanism", expanding the age-appropriate litigation service to all litigation areas such as criminal, civil, and administrative, and realizing the full process of pre-litigation, in-litigation, and post-litigation. cover.
Small service big change
Tailor-made to provide convenience for litigation
"I am an elderly phone, I just use it for making calls. I don't have other functions. I can't use the Internet." Xiao Wang, a volunteer from the Lucheng District Court Litigation Service Center, is instructing Mrs. Chen to register and log in to the small program "Zhejiang Mobile Micro Court" When I went to court, I encountered such a new problem.
In the face of new changes in online and offline litigation procedures, does intelligent reform bring convenient services to the elderly or does it become an insurmountable digital divide?
The answer in Pingyang, Lucheng, Wenzhou and other places is to assess and classify the litigation ability of the elderly according to factors such as age, education level, physical intelligence, and mental health of the elderly.
Elderly people who are physically and mentally healthy, have strong listening, speaking, reading, and writing skills, can participate in the traditional litigation process, and are proficient in using smart devices, are marked as level one; those who have traditional litigation capabilities but have difficulty in using smart devices are marked as level two , The elderly with traditional litigation ability barriers are marked as level three.
The above information collection form is circulated with the case for internal use, so that it is convenient to grasp the physical and mental state of the elderly in different links, but not external.
"I had a stroke in 2012 and another stroke three years later. I was not good at speaking at first, and now it is more difficult to communicate with others. For all questions, except for the simple ones, I applied to answer one by one in written form, asking the court for forgiveness and permission. "This is the application form that the 65-year-old Lin gave to the court before the court session.
Sun Xiaolin, the person in charge of the First Civil Division of Lucheng Court and the post judge, faced this old man who was vague but clearly expressed. For the first time, he tried to use the answer-and-answer trial mode. The whole process was a transcript and question-and-answer method for this special case involving the elderly. The trial was opened.
Taking this as a reference, the Lucheng Court provides tailor-made litigation services based on the individual differences of the elderly, making the judicial temperature visible and tangible.
For example, elderly people with limited mobility can apply for video interviews or circuit courts and other litigation modes; for those who cannot speak Mandarin fluently, they can apply for the corresponding dialect-based litigation mode; those who do not use intelligent platforms such as "Zhejiang Mobile Micro Court" For the elderly, offline litigation mode can be adopted...
Liu Wancheng said: “The principle is that the optimization of traditional services and the convenience of smart services go hand in hand. Don’t force the elderly to adapt to smart litigation. Instead, try to make litigation services suitable for the elderly so that they can feel comfortable, dignified and decent in litigation activities. ."
The reporter of Rule of Law Daily noticed that after the Pingyang and Lucheng courts, many places in Zhejiang Province, such as Hangzhou Tonglu Court, Ningbo Zhenhai Court, Lishui Suichang Court, and Songyang Court, have all shown their magical powers across the sea. New measures for old-style services: set up a "priority window for the elderly" in the lobby of the litigation service center, equipped with convenient facilities such as reading glasses, wheelchairs, and first aid kits, printed large-print litigation guides, and provided “one-to-one” litigation services and guidance The elderly use smart products, open psychological counseling rooms, provide psychological counseling and other services, try to open a green channel for the elderly to litigate, and provide convenient services.
Small measures have big results
Objective and rational guarantee the fairness of the referee
"Hello Judge, I don’t have a good memory, and my ears are a little back. Can I ask my neighbor to accompany me in the pre-trial meeting tomorrow?" Because of the question of whether the deposit is fully refunded, Uncle Zhang and his tenants A civil dispute arose. He did not graduate from elementary school, his children were working in other places, and there were no other relatives around him, so he applied to the court for neighbours to accompany the litigation.
After getting the court's affirmative reply, Uncle Zhang's heart was finally let go.
Accompanying litigation is often used in judicial practice, but there is no specific system construction.
The age-appropriate litigation mechanism launched by the Lucheng Court clearly stated for the first time that it implements an accompanying litigation system. According to the senior's litigation ability level and the situation of the case, relatives, friends or the community (village) where the elderly resides can be appointed by relevant persons to serve as the elderly's accompanying persons And participate in the litigation process, responsible for information transmission, explanations and other matters, to avoid the embarrassing situation of the elderly when they are in court.
In the Eastern Suburbs Court of Lucheng District, Uncle Zhang smiled and said to the reporter of "Rules of Law Daily": "I have lived for 70 years. I went to court for the first time. My neighbor is a middle school teacher. He will come with me today. I can rest assured. ."
Sun Xiaolin explained that the accompanying litigation is different from the litigation agency system. It is not limited to the status restrictions such as close relatives and staff, nor does it require the accompanying person to have the qualifications of a lawyer or legal worker. The accompanying person can accompany the party to participate in or assist in procedural matters. , But does not have the right to determine the substance.
"Accompanying does not mean taking care of it." Liu Wancheng said, "The physical fitness, understanding ability, and reaction ability of the elderly are often unable to adapt to the fast-moving economy and society. Many things are often done by their children, and their personal will is often easily downplayed by their children. Wait for the will of close relatives to replace it."
In view of this, the elderly-friendly litigation service of the Lucheng Court pays full attention to the true meaning of the elderly. For example, in the trial of elderly cases, it uses popular language instead of French, appropriately adjusts the trial rhythm, and asks the elderly parties whether they can hear clearly. Understand and fully protect their right to speak.
In view of the situation where the willingness of some elderly people is easily influenced by others or even simply replaced, the Lucheng Court has specially set up inquiry and verification procedures in each litigation link.
When the elderly and their agents participate in litigation at the same time, they will ask the elderly for their opinions during conversations, mediations, and court trials, and check the relevant agency procedures and evidence.
Elderly persons who have not been present or in court shall be contacted by telephone or on-site visits to confirm their true wishes and amplify the authenticity of the judicial voice.
On March 31, in the Hu Jiaying studio of Lucheng Court, the reporter of "Rules of Law Daily" saw Judge Hu Jiaying on a gift contract dispute case, and repeatedly asked an old man: "Master, after you transfer the real estate under your name to your grandson, in the future, The decision on the property is in the hands of your grandson..." Let the other party fully understand the possible risks and legal consequences of their punishment.
The "Civil Code of the People's Republic of China" stipulates a cooling-off period for divorce disputes. In fact, it takes more time to enter the hearts of the people, especially for the elderly and slow-thinking elderly. It is more necessary to provide a buffer zone. .
In view of this, the Lucheng Court’s age-appropriate litigation service innovation has established a buffer period system. After both parties agree to determine the mediation period, members of the grassroots organization can be invited to participate in the resolution of disputes. The buffer period is no more than two months.
"My dad is confused. He insisted on leaving the property to the little nanny. We are really worried that the nanny took the money and left. We are children, what should we do then?" A few days ago, the citizen Mr. Wu reluctantly Sister Ma, the mediator of the Spear Tuning Center, Wuma Street, asked for help.
Uncle Wu categorically said to Sister Ma: "My sons and daughters don't come to see me all the year round. Only this nanny treats me sincerely. I have the final say on my property. Even if I lose money in the future, I won't let my son support me in retirement. Send it to the end."
The public says the public is reasonable, the mother-in-law says the mother is reasonable, who is right?
Sister Ma, the special mediator, had to ask the Social Observer Group for help.
The social observation group jointly formed by the Lucheng Court and the local neighborhoods played a role at this time. Through multiple investigations and repeated mediation, the enthusiastic uncle and aunt formed an investigation report, which provided a factual basis for the court's decision and finally prompted the matter to be properly resolved.
Small cooperation and big power
Delivering the law to your door shows the warmth of justice
"The 300,000 yuan is my pension money. I can't get it back now, and I don't know where to solve it? What should I do?" Aunt Zhang frowned and asked the judge who sent the law home.
In March of Yangchun, the Lucheng Court used the weekend to send the law to the community.
The square in Guigan Community was crowded with elderly people. They all told about their parents' shortcomings, hoping that the judges could help them solve their problems.
Ke Jianhua, a representative of the National People’s Congress and director of the Guigan Community Neighborhood Committee, told the reporter of the Rule of Law Daily: “Guigan community is a concentrated residential area for the elderly. 80% of the residents are elderly people over 60 years old. The community provides public supporting services such as caring canteens. But the elderly also often encounter all kinds of troubles and there is no way to ask for help. Now the judge has sent the law into the community, which has helped us a lot."
The "judicial umbrella" specially designed by the Lucheng Court for the elderly is not only limited to the courts, but also diversified its judicial reach, allowing the judges to go out, broadening the social service functions of the judges, extending judicial care from the court to the outside of the court, and making it common for the elderly The prevention and resolution of disputes and contradictions is in its infancy.
The reporter of "Rules of Law Daily" learned that at present, the age-appropriate litigation service of the Lucheng Court is further gathering multiple forces, integrating social resources, illuminating the sunset, and allowing the elderly to feel the temperature of justice.
For example, by cooperating with the procuratorial, public security, civil affairs, women's federation, health and health and other departments, explore the establishment of a lawyers protection group for the elderly, and carry out legal publicity and relief work.
Improve the linkage resolution system for conflicts and disputes involving the elderly, provide temporary relief such as shelters and emergency medical treatment, and help the elderly involved in disputes obtain timely high-quality legal services.
Professor Yu Jianxing, President of Zhejiang Gongshang University and Dean of the School of Public Administration of Zhejiang University, commented that the aging of society meets the wave of intelligence, which is a new problem encountered in digital reform.
The Wenzhou court carried forward the spirit of Wenzhou people who dare to be the first and especially innovative, and explored new methods and new mechanisms for elder-suitable litigation services, from entity to procedure, from pre-litigation to post-litigation, supporting the elderly in all aspects in the whole process The "judicial umbrella" effectively protects the legitimate rights and interests of the elderly and makes judicial activities full of humanistic care. Its practice is worthy of summary and promotion.