The Li Yang case became "a landmark case of domestic violence in China".
Liu Li, after graduating from China Renmin University in 2002, went to work in the criminal trial court of Chaoyang District Court. In September 2006, she was transferred to the Olympic Village Court for civil trial. He has served as an assistant judge and judge, and is currently the vice president of our hospital.
Chaoyang District is the most populous and largest urban area in Beijing, with active economic development, highly developed commerce, intensive foreign-related factors and a large number of rural areas. The rapid development of economy and society has caused a lot of contradictions, and Chaoyang court has therefore become one of the grass-roots courts with the largest number of cases in China. The hospital accepts more than 30,000 civil cases every year.
Due to the early urbanization process, good geographical location and superior natural and humanistic environment brought by the construction of Olympic venues, the stadium area of the Olympic Village has become a zone where celebrities, foreigners and high-income people live together. Among the more than 3,000 cases accepted by the court every year, foreign-related and housing-related cases account for nearly one-third, among which there are not a few cases with a bid of tens of millions or even hundreds of millions.
As the backbone of the court, Liuli has undertaken a large number of foreign-related and complex new cases. She believes that it is the basic duty of a judge to judge a case fairly. Only by upholding justice can we convince the people of the judge. The grass-roots courts, which have relatively many new types of cases and high social concern, should not only do a solid job in every case that concerns the vital interests of the masses, but also give full play to the radiation role of individual cases and constantly convey the information of fairness and justice to the society. To this end, she asked herself to constantly improve her professional quality, sharpen her professional acumen, do things fairly and do her best.
2011/0 In June, the divorce case between Li Yang, the founder of Crazy English, and his American wife Jin Lizhen, which was heated up by the Internet and the media, was brought to Chaoyang court. As the presiding judge of the professional collegiate bench of foreign-related cases, Liu Li undertook the trial of this case without hesitation.
The identification of domestic violence has always been a legal difficulty, and judicial identification in divorce cases is even more rare. Whether a fair answer can be given in this case is a big problem for Liu Li. In addition, this case has received unprecedented attention. More than 40 domestic and foreign media, including Xinhua News Agency, CCTV and The New York Times, followed the report. The American media once doubted whether the China court could make a fair judgment, and some even persuaded Li Jin to return to the United States for litigation.
In the face of pressure and challenges, Liuli set himself two principles: First, no matter how concerned the outside world is, it cannot disturb the normal trial thinking; Second, no matter how to characterize Li Yang's behavior, we should have sufficient basis and persuasion to show the proper position of the law. She firmly believes that the power of law lies in justice, and the weight of judges also lies in justice.
During that period, in addition to domestic laws and relevant materials, the United Nations Declaration on the Elimination of Violence against Women and relevant foreign cases also became the focus of Liuli's research. Key issues such as "how to distinguish domestic violence from family disputes", "judicial determination of domestic violence" and "distribution of burden of proof" were repeatedly debated and demonstrated in her mind.
On February 3, 20 13, after more than a year, four court sessions and multiple verifications, Liu Li finally made a first-instance judgment allowing both parties to divorce, confirming that Li Yang's behavior constituted domestic violence, and demanding that Li Yang compensate Li Jin and mental damage compensation for 50,000 yuan. During the trial, according to Li Jin's application, Liuli also issued the first personal safety protection ruling in Beijing after the implementation of the Civil Procedure Law, prohibiting Li Yang from beating and threatening Li Jin.
The verdict has been widely recognized by all walks of life. "Democracy and Legal Times" said that the case "became a classic case of divorce cases involving domestic violence because the court respected facts and laws and made innovative judgments". The New Yorker, a well-known American magazine famous for its in-depth coverage, also wrote an article calling this case "a landmark domestic violence case in China", arguing that the court's decision had a far-reaching impact on China's anti-domestic violence legislation.
The law made "one room and two sales" pay the highest price.
Due to the early development of real estate in the area, there are many commercial houses and high-grade residential areas, and all kinds of problems caused by changes in property market policies and fluctuations in housing prices are concentrated in the cases accepted by the Olympic Village Court.
In April 2009, Mr. Huang signed a contract with Ms. Wang to sell a house under his name to Ms. Wang for 2 million. However, after that, house prices rose sharply. Mr. Huang, who regretted it, not only failed to perform the contract, but also transferred the house to his wife, who resold it twice and finally sold it to others at a price of 4 million, and handled the transfer.
At that time, driven by high housing prices, the phenomenon of "one room and two sales" was more serious. In order to strengthen the guiding role of judicial trial, Liuli took the initiative to invite the media to follow the trial of this case. She found that Mr. Huang's behavior seriously violated the basic principle of honesty and trustworthiness, and damaged Ms. Wang's legitimate rights and interests, and sentenced him to pay a penalty of 6.5438+0.8 million yuan, almost equivalent to all the proceeds from illegal resale of the house.
As soon as the verdict came out, the media generally applauded, saying that this verdict paid the highest price for "one room and two sales" and had a positive demonstration effect on guiding social integrity. Song Chaowu, a professor of civil and commercial economic law and doctoral supervisor at China University of Political Science and Law, commented, "This judgment shows us the thinking, responsibility and value orientation of judges. Our society needs such judges. "
Because the verdict is often related to the potential unspecified majority, in the process of hearing housing-related cases, Liuli also paid full attention to the exemplary role of case judgment in effectively resolving potential group disputes.
20 1 1 At the end of the year, 50 owners of a residential area in the jurisdiction sued the developer to the court because the developer did not apply for the title certificate. It is stipulated in these purchase contracts that if the developer fails to apply for permission within the time limit, the maximum penalty will be 1% of the total house price. In other words, no matter how long the default time is, developers need to pay the same liquidated damages. Faced with the developer's strong attitude of delaying the application, angry owners protested collectively and had physical conflicts, which once intensified.
Considering that there are hundreds of owners waiting to see outside the case, Liu Li conducted a public hearing on the case, and especially told the lawyer to try to get the owners to appear in court. During the trial, the owner raised his hand to speak, and Liu Li allowed it one by one. In the end, Liuli decided that the house involved had the conditions for obtaining a permit, and sentenced the developer to handle the property right certificate for the owner within a time limit and pay liquidated damages on a daily basis. After the judgment came into effect, the developer handled all the real estate licenses for more than 500 owners in the whole community. The director of Datun Judicial Institute was full of praise for this matter: "Judge Liu is too powerful. A judgment will benefit all residents and make the whole community peaceful. "
The stadium area of the Olympic Village has a large population density and a complex personnel structure. The parties who go to court proceedings are very different, not only in academic qualifications, professional background, interest demands, but also in litigation ability.
Liu Li, who comes from an ordinary family, has deep feelings for the masses. She often says that keeping a distance from the client does not mean indifference. People have feelings, no matter what kind of political party they face, they should be full of people's feelings. If you give your heart to them, they will return your true feelings. As long as you pay sincerity, sincerity, perseverance and patience, there will be no right and wrong that can't be separated, and there will be no grievances that can't be solved.
5438+065438+June 2006+10, Liu Ligang arrived at the Olympic Village Court, and he caught up with an unusual divorce case: the man's household registration was in another place and the woman's household registration was in the local area. After they got married, the woman's family looked down on the man and intervened in big and small matters. The man couldn't stand it and moved out, suing for divorce. I don't want to. The woman swallowed a lot of sleeping pills the night before the trial. Fortunately, she was found and rescued in time.
On the day of the trial, a dozen relatives of the woman came to the court early in the morning, sitting at the door crying and screaming, claiming that if the court decides to divorce, the woman will definitely not live, and also took out a thick hemp rope and said that the man would be tied to the hospital immediately. Liu Li was pregnant for more than six months at that time. When she got a call from the bailiff, she went straight to the door with a big belly without saying anything. When other colleagues were afraid of an accident and rushed downstairs, she had quietly entered the conversation room with the parties and their families.
In the process of talking with both sides separately, she found that the man was stunned after hearing the news that the woman committed suicide by taking medicine, and immediately realized that the two sides still had feelings. Then, from the perspective of cherishing feelings and changing the attitude of the other parents, he patiently persuaded and finally solved his heart. After the talk, the man went through the formalities of withdrawing the lawsuit and followed the woman's parents to the hospital. ...
20 1 1 in may, an old couple in Shanxi took their son's unit to court. Not long ago, my son just graduated from college and found a job in Beijing. One day, after work, he and his colleagues drank wine in the dormitory of the unit, then drove out, bumped into a telephone pole on the way and died on the spot. After hearing the news, the couple immediately came from their hometown and sued the court for nearly one million yuan on the grounds that the unit did not stop the employees from drinking and going out.
As soon as the court heard the case, Liu Cai knew that the old man had carried his son's body across the door of his son's unit many times before, and called dozens of fellow villagers to block at the door of the unit, which caused the unit to fail to work normally. Later, the unit paid a large sum of appeasement money, but the two old people still insisted that the judge uphold justice. They are all farmers, without lawyers, their complaints are very irregular, and they don't understand the litigation procedures at all. At the first trial, they just sat on the ground in the middle of the court and cried, saying, "If you don't win the lawsuit, you will die in the court."
Although they also criticized their behavior of disturbing the court order, Liu Li always felt that there was always a reason for the two old people to do so. At noon the next day, she specially interviewed two old people. At the sight of the judge, the old couple burst into tears. The old father took out his son's badge as a volunteer for the Beijing Olympic Games and talked intermittently about how excellent his son was. Seeing the young and delicate face on the badge, Liu Li, who is also a mother, instantly felt the pain of the old couple. All afternoon, she listened patiently, and when the old couple wiped their tears and walked out of the court, it was already dark.
Since then, Liu Li's phone has become the hotline of the old couple, often consulting this and that, and calling if she is unhappy. Liu Li always explains and enlightens patiently. Zhang Yu, the clerk, calculated that there were no fewer than 40 such calls.
Liu Li also took the initiative to contact the Judicial Bureau, helped them hire a legal aid lawyer, and retrieved the case file of the accident handling to learn more about the accident. Before showing the documents to the old couple, she wrote in her notebook: "The photos of the scene should be covered."
In the end, according to the facts and laws, Liu Li rejected all the claims of the two. The old couple accepted the verdict calmly. They said that they also thought of this result, because there was no place to say it before, and now they have said everything they want to say. It's time to go home and live a good life. Before leaving, they bowed to Liu and said that they had met a good judge in Beijing.
How does the "injured road" become a "safe road"
The Olympic Village Stadium covers many key roads such as Beijing-Tibet Expressway, North Fourth Ring Road and North Fifth Ring Road. Not only traffic accidents occur frequently, but also many serious and vicious cases such as traffic accidents, deaths and serious injuries have occurred. Such cases are mainly concentrated in the hands of Liuli. In the past six years, she has tried nearly 400 cases of road traffic accidents, involving nearly 80 deaths, of which only 5 cases were appealed, and none of them was changed. The first-instance judgment rate reached 93.4%, and about 70% of the cases were judged and the parties were able to take the initiative to perform.
This kind of case is characterized by many responsible subjects and high compensation requirements. At the same time, the scene of the accident was tragic, and the injured party and their families were excited. It is very difficult to deal with it, and it is also a great challenge to the judge's psychological endurance. Liuli thinks that such cases are directly related to people's lives, health and property interests. Many incidents are tragedies of loss of life and family breakdown, and we must do our best to solve these incidents quickly. At the same time, the injured party has a heavy economic burden and great emotional fluctuation, so it must try its best to give timely judicial assistance and necessary psychological counseling.
On June 4th, 2008, Xiaolan, a high school student aged 16, came home from school and was knocked down by a fast-moving truck on Laiguangying North Road, and her legs were amputated. Unable to accept this reality, Xiaolan's parents repeatedly went to the traffic team to pull slogans and put up posters. In the end, Xiaolan's parents sued the perpetrators to the court because the amount of compensation could not be consistent.
In order to speed up the process of handling the case, Liuli took the file from the traffic team in advance, carefully studied the case and arranged the trial as soon as possible. Although fully prepared, in the trial, in the face of unfortunate family, Liu Li still pressed a big stone in her heart. In order to let Xiaolan get the follow-up treatment fee as soon as possible, she quickly issued a judgment and actively urged the insurance company and the accident party to fulfill their compensation obligations after the judgment.
The case is closed, but Liu Li still can't let go. During the trial of this case, another vicious case came to her desk. An adult man was hit by his arm and the accident happened on the same road. Liu can't sit still. What kind of road is it She must have a look.
Subsequently, Liu observed and recorded this section for five times, and made a comprehensive and detailed analysis of the risks existing in this section. She found that although Laiguangying North Road was not completely completed, the traffic volume was already very large, and the lack of traffic signs and marking control led to the mixed traffic of people and vehicles, which directly led to the accident. She quickly sent judicial advice on road improvement to the Public Security Traffic Management Bureau of Beijing Public Security Bureau.
The Municipal Traffic Management Bureau attached great importance to this, and soon installed the 153 traffic sign on Laiguangying North Road, set up the 1 1 crosswalk, marked the traffic sign with 22,000m, and increased the number of people involved in traffic maintenance. Since then, there have been few accidents in this section, and a "road of injury" has become a "road of safety".
Due to her outstanding work performance, Liu Li was awarded the titles of "Excellent party member" in Beijing court system, "Double Excellent Civil Judge in Beijing court system" and "National Advanced Individual in Safeguarding Women's and Children's Rights and Interests", and won personal third-class merit twice.
Summary of Liuli's Notes:
"A judge is a profession with a soul and thickness. Being a judge is my greatest happiness. Through my little efforts, it is my' Chinese dream' to make the masses believe in judges and the law.
"The job of grassroots civil judges is to manage things around the masses and solve problems in the hearts of ordinary people. We must truly understand the sufferings of the people and their situation. You take people's affairs as your own business, and people treat you as their relatives; If you really solve the problem for the people, the people will really trust the judge. "
"The three-foot method is connected with the big society, and everything is related to people's livelihood. Judges must have a big perspective and a big mind, be good at discovering the social crux behind the case, prevent contradictions from happening at the source, and fundamentally protect the rights and interests of the people. "