How to inherit and carry forward the Ma Xiwu trial style

Benet News Ma Xiwu trial mode as the court, especially the grass-roots courts to try the case of an important model, so that more judges to go to the middle of the masses, the court opened the closest to the people's place to go. Henan Provincial High Court President Zhang Liyong emphasized that the implementation of Ma Xiwu trial mode is the province's courts to implement the scientific concept of development of the major initiatives, the courts around the world to learn from the advanced experience, combined with the local actuality, the development of practical measures, the Ma Xiwu trial mode to the depth. Then, what? Ma Xiwu trial is not a personal invention of Ma Xiwu, but in the then judicial philosophy, system and experience based on summarizing, refining and developing a litigation model, many of the specific principles and practices later be directly applied to the civil litigation system in new China. The trial mode has the following three distinctive features: First, emphasizing the mass line, focusing on investigation and research. Deep into the countryside, close to the masses to investigate the case, consult the views of the masses, listen to the voices of the masses. Through investigation and research, to clarify the rights and wrongs, and mobilize the masses of cadres *** with the mediation of the case. Second, the combination of mediation and judgment, focusing on mediation. Case he is not simply a judgment, but according to different objects, targeted to do in-depth ideological work, take a variety of flexible ways and means to dissolve the resistance of the parties to understand the reasoning, emotion, maximize the efforts to mediate the case. Third, the circuit case, convenient for the masses, the case he often to the fields, the masses at home to resolve disputes in the court, convenient for the masses litigation. The advantage of Ma Xiwu's trial mode is that the parties' feelings and reasoning can be fully expressed, and the people's nature of justice can be maximized, and this mode of litigation played a significant role in consolidating the democratic regime, conciliating civil disputes, maintaining the social stability of the base area, promoting the production of the border area, and ensuring the victory of the War of Resistance Against Japanese Aggression and the War of Liberation in the historical period, which made a historic contribution. The Ma Xiwu trial method consists of three organically linked steps: ascertaining the facts of the case, listening to the opinions of the public to form a solution, and persuading the parties to accept it. Ma Xiwu trial method was accepted and respected by the general public at that time, and influenced the construction of China's civil litigation procedures for quite a long time afterwards, and many of its specific principles and practices were later directly applied to the civil litigation system of New China. Inheritance and carry forward the specific measures of Ma Xiwu trial style. First of all, establish the concept of justice for the people, justice for the people. In accordance with the requirements of the Provincial High Court, firmly grasp the Ma Xiwu trial from the masses, to the masses, all for the masses, all rely on the masses of the theoretical essence, in-depth trial work. The court party group members take the lead in changing style, take the lead in real work, take the lead in the circuit trial of major and difficult cases. For the majority of judges to set an example, unify the thinking of the police, and effectively turn the circuit trial into a two-level court of the majority of judges' conscious action. Secondly, the pursuit of harmony, focusing on mediation. 2009 the province's court system to carry out mediation activities as an opportunity to vigorously carry forward the Ma Xiwu trial, in-depth trial work, with the people to understand, understand, trust, rely on the way to resolve disputes, so as to truly serve the people, so that the people are satisfied! In accordance with the principle of judicial trial that can be adjusted, when the judgment is judged, the combination of adjustment and judgment, the case is closed, and effectively do a good job of mediation of the people's internal contradictions and disputes, so that the case processing as far as possible to achieve the case is closed. Judge trial cases not only to correctly apply the law, more importantly, as far as possible to let the parties win or lose are convinced. To this end, President Wang Shengjun pointed out that in the civil trial work, we should pay attention to mediation, mediation in accordance with the law, Henan Higher People's Court, President Zhang Liyong also pointed out that: we should adhere to the goal of settling disputes, promote the establishment and development of a diversified dispute resolution mechanism, and to further improve the work of judicial mediation, guiding people's mediation, supervision and support of arbitration and mediation work in accordance with the law. For judicial mediation, Zhang Liyong pointed out that mediation is a higher level of trial, and hope that the province's courts should adhere to the combination of mediation and adjudication, mediation, mediation priority principle, in the trial to carry out the whole process of mediation, full mediation. It emphasized that the fundamental purpose of the people's court trial work is to resolve conflicts and promote harmony. Judicial mediation is the easiest way to achieve the goal of building harmony and putting people first. Judges can not judge the case, through a solid and meticulous mediation work really make the parties to accept the judgment and put off the lawsuit. The people's court should rely on the government, trade unions, women's federations and other forces, so that the judicial mediation and administrative mediation, people's mediation; people's court judicial mediation throughout the litigation process, to achieve the pre-litigation mediation, litigation mediation, litigation mediation, and constantly expand the scope of application of mediation, in order to at any time, anywhere, and maximize the resolution of contradictions, and to promote social harmony. On the one hand, the court officers first in the concept of law to realize three changes. That is, from the judgment to mediation to mediation and judgment and change; from the heavy trial mediation to the whole process of litigation to carry out mediation change; from the neglect of the people's mediation to the active use of social forces to mediate the change. On the other hand, to explore and innovate, to build a large pattern of people's mediation work. This year, the city's courts to litigation mediation and administrative mediation, people's mediation effectively combined, the formation of a trinity, multi-party linkage of the all-round, three-dimensional pattern and network of large civil mediation, and achieved remarkable results. Take the mass line, relying on the masses to handle cases. Resolve social conflicts and disputes through the power of society. Establish harmonious relations and maintain social stability. The people's courts cannot adjudicate cases without a favorable external environment. How to create a good judicial environment, it requires us judges to continue to carry forward the fine tradition of the party to take the mass line, abandon the seat of the hall to ask the case, more to the case to investigate and visit the masses, consult the local people, grass-roots organizations, deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference and the local party committees and governments of the case processing opinions and suggestions, to the court ex officio investigation and evidence collection and the parties to the case, as far as possible, find out the Objective facts, can not use the parties have the burden of proof as an excuse to ignore the court's responsibility to find out the facts of the case.