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Sheng Dian Dynamic | Lawyer Liu Xishu Invited to Attend the Symposium on Litigation Service of the First Circuit Court of the Supreme People's Court

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2023.07.19

 

On the morning of July 12, in order to understand the problems existing in the work of the court, listen to the opinions and suggestions of volunteer lawyers, and strengthen the contact between the court and volunteer lawyers, the first circuit court of the Supreme People's court invited some volunteer lawyers of the third phase of volunteer service posts to hold a forum on litigation service. Lawyer Sheng Dian Liu Xishu was invited to participate and made an analysis and speech on the reasons for the long-term letters and visits of some litigation participants, reflecting the problems existing in the court, such as difficulty in filing a case, difficulty in contacting judge assistants, difficulty in enforcement, difficulty in safeguarding workers' rights, etc., and put forward some practical suggestions.

 

 

Lawyer Liu Xishu combined his many years of work experience in receiving long-term petitioners in the court and after working as a lawyer in Shenzhen Letters and Calls Bureau, Shenzhen Futian District Labor Arbitration Commission, Legal Aid Office and other departments, and summarized some litigation The reasons for the participants' long-term petitions mainly include the following situations: (1) There are indeed problems in the handling of the case entity. For example, the visitor case received by lawyer Liu Xashu while on duty in the first circuit court on June 29, 2023 should have been confirmed in accordance with administrative procedures. the plaintiff filed a civil tort lawsuit, and no problems were found in the first and second trials. he did not inform the plaintiff to safeguard his legitimate rights and interests through administrative confirmation and administrative litigation. he ruled that the plaintiff lost the lawsuit and rejected his retrial request, resulting in the plaintiff's petition for many years. In terms of (II) procedures, the court did not exhaust the means to help the visitors solve the practical difficulties; (III) the problems of other departments outside the court, such as the work style of the staff of other law enforcement departments; the reasons for (IV) the petitioners themselves: they have a little knowledge of the law and evidence, think they are reasonable, can't listen to the opinions of others, have unrealistic expectations, and believe that the superior has "honest officials" to solve their problems and achieve their goals, So long-term petition.

 

In this regard, Lawyer Liu put forward two suggestions: On the one hand, the court can further strengthen its functions at the trial level, and at the same time, it can also inform visitors that they can apply for judicial assistance in the court; on the other hand, the circuit court, as a representative of the Supreme Court, can request The lower courts strengthen the contact with the local party committee and government, promote the linkage mechanism for solving the old petitions, and effectively solve the problems of the old petitions from the source.

 

 
 
 
 
 
 

Lawyer Volunteer Service Post Introduction

 
 
 
 
 
 
 
 
 
In order to further promote the construction of a legal professional community, effectively resolve social conflicts, reduce the burden of public litigation, save judicial costs, and jointly safeguard social fairness and justice, the First Circuit Court of the Supreme People's Court has set up a "lawyer volunteer service post", which is selected by the Shenzhen Lawyers Association. Lawyer on duty.

The main responsibilities of the "lawyer volunteer service post" include: (1) on-site consultation. Provide professional consultation and explanation on the current laws and regulations and court trial procedures for the parties in need, inform the parties of the corresponding litigation rights and obligations, and (II) guidance and assistance. Guide the parties to fill in and prepare for prosecution, appeal, application for enforcement, application for retrial and other filing forms, documents and evidence materials; (III) resolve conflicts. Through the legal interpretation of the parties, persuasion and communication, humanistic care, etc., the various opinions and contradictions of the parties to the court are initially resolved; (IV) mediation and settlement. Within the framework of national laws, regulations and policies, and on the premise of fully respecting the true wishes of the parties, mediation shall be conducted on the basis of facts; (V) other work.

 
 
 

 

Since the implementation of this measure, Shengdian has successively participated in the voluntary participation of lawyers such as Lu Xin and Liu Xishu, contributing to the resolution of social contradictions.

 

 

Editor: Zhu Yiying

Editor: Jiang Li

Reviser: Huang Ting

 

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