The story of Judge Song Yushui

The Power of Justice —— A Record of Song Yushui, a Model Judge (I)

The power of law lies in justice, and the weight of judges also lies in justice.

Handling cases independently 1 1 year, Song Yushui persistently defended justice: handling more than 200 cases1year, including more than 300 difficult cases, and none of them was complained and reported because of unfair judgment. Even the losing party sincerely sent a banner of "arguing, winning or losing".

Judge "sunshine"

Let the parties finish their sentences. Keep your distance and don't look like a judge.

When I first met Song Yushui, almost all the parties had this feeling. This face is honest, intelligent, sincere and gentle.

As a judge, Song Yushui always puts himself in others' shoes. She said: "The judge is neutral in handling cases and keeps his distance, not indifferent."

Song Yushui is famous for his patience.

An old writer is full of witty remarks in court, but he is outside the law. In the gallery, someone dozed off; On the trial stage, Judge Ma Xiurong, who was sitting next to Song Yushui, could hardly listen any longer: "But Song Yushui looked focused and never interrupted the old man's statement."

"After this happened, you were the first person to listen to my speech completely." Faced with Judge Song's respect, the old man who always disagreed with mediation made a 180-degree turn: "I believe your words! I agree with the plan proposed by the defendant. "

"Let the parties finish." Although the words are simple, it is not easy to do. Handle cases patiently and easily; Patience to all situations needs long-term cultivation.

Patience and respect made Song Yushui close to the client and gained more trust from the other party.

"Wind and sunshine can't compare with Wei. The wind said,' I am strong enough to blow people's clothes off.' A gust of wind blew and people wrapped their clothes tightly. The sun is silent and warm, which makes people naturally take off their coats. "

On the trial stage, Song Yushui was meticulous and rigorous, kind and peaceful; In the gallery, Gao Yang, a representative of Beijing Municipal People's Congress, couldn't help thinking of this Aesop fable.

Observers and parties, from different angles, the conclusion is the same:

"She is like sunshine, impressed by invisible forces."

A "satisfactory" judge

Win fair and square, lose clearly. Any mistake in handling a case is unforgivable.

"Argumentation and analysis, victory and defeat are all served", a banner sent by the loser.

After three lawsuits, Song Yushui won one victory, one loss and one draw. For this level, the agent went to the law to find her theory. For more than two hours, Song Yu responded quietly.

The agent is convinced: "It's not once or twice to go to court with you. You won fair and square, and you lost clearly. "

Two days later, the red banner of "arguing, winning or losing" was sent to Haidian District Court.

In the eyes of Song Yushui, it is fair and heavy.

A case is common to a judge; For the parties, it may be once in a lifetime. Safeguarding the legitimate rights and interests of one party will increase the social trust in the law by one point; If you hurt one party, more people will doubt the law.

It is difficult to satisfy all parties; A judge, but he can't stop trying.

The facts can't be wrong, the applicable law can't be biased, and the judgment can't be flawed ... Song Yushui always reminds himself: "Any mistake in the case is unforgivable!"

To make the parties recognize justice, you can't just judge. Song Yushui said: "A judge should be a' preacher', not only to judge, but also to explain and convey the concept of law to the parties."

The judgment presented to the parties has also become a "platform" for interpretation.

Just open a well-meaning legal provision, which has been carefully transformed into a rule of life and is easy to understand. Song Yushui said: "We should not only answer the questions that the parties are most concerned about, but also let them understand."

A client who once hated her wrote a special card: "You inspired me to be a man."

"It is not easy for judges to get such' treatment'." Chen Qi, vice president of Haidian District Court, was very emotional.

"Love the people" judges

Regardless of the size of the case, rich or poor, they will feel justice equally.

Count nine cold winters and mornings.

A ragged migrant worker stood in front of Song Yushui, shivering. ...

It's been a year since I delivered the food, and I haven't finished writing it yet. As the year approached, he came to the court to "state".

"Make a statement", how familiar.

In Penglai, Shandong Province, Song Yushui's hometown, simple villagers are so eager for justice. Whose daughter-in-law is angry with her mother-in-law, and the production team gives her two bundles of firewood less ... it's a bit unfair, and even makes the aggrieved person seriously ill.

The seed of justice sprouted quietly in the heart of a small fish: "When I grow up, I want to be a public!" " "

"Today, I want to be a veritable Bao Gong!"

The first case after becoming a judge was successfully closed. Holding the vegetable money, the migrant workers cried.

Judicial justice is the last line of defense for social justice.

As the daughter of a farmer, Song Yushui has a loving heart.

From the first day when he became a judge, Song Yushui set himself a "three chapters":

Don't underestimate any rights of small cases, difficult groups and parties.

1 1 For years, Judge Song treated all cases equally, regardless of the size of the cases, whether foreigners or locals, whether poor people or millionaires who could not afford legal fees.

"Exempt from inspection" judge

As long as the heart is not greedy, there will be no human feelings that cannot be pushed.

"Song, I'm sure."

In the eyes of Haidian court leaders, Song Yushui is "exempt from inspection".

Judges have the right. A paper verdict can close the company and change people's fate. What's more, as the president, her opinion may "influence" the judgment.

Judges have no right. Anyone who has looked for Song Yushui knows her "famous saying"-judges have the right but not the right. When exercising state power, judges can only pursue fairness and justice to the maximum extent. If you can't guarantee balance, you are not qualified to be a judge.

Many people think that the judge has the right to come to you.

That year, Song Yushui just became the vice president of the Economic Court, and his hometown came. The case of relatives' intercession happened in the economic court. But she can't talk about it. ...

I don't blame you! Hearing that kind relatives understood themselves, her tears almost fell.

Over the years, the teachers and classmates who have taught her are her clients. If she finds that she needs to avoid it, she will take the initiative to apply; The cases she handled were also "inhuman".

Some friends complained about her.

"People admire judges who judge cases according to legal principles." Song Yushui believed in the power of justice.

Some people wonder: after more than ten years and thousands of cases, there is no one that cannot be pushed away?

"As long as the heart is not greedy, there will be no human feelings that cannot be pushed." Song Yushui did it without hesitation.

For more than a decade, Song Yushui firmly adhered to the judicial bottom line: no case was complained and reported because of unfair referee; Never received a gift from a customer; Never done a human case; Nor did he use the presidency to exert any unfair influence on the judges.

Power is used by the people, affection belongs to the people, and benefit is sought by the people. Loyalty to the party, the people and the law is the quality of Song Yushui. It is this character that has created her will to pursue justice, safeguard justice and represent justice.

Let people believe in the law and make society fair. This is the power of justice. (Reporter Wu Taowei)

The Weight of Harmony —— A Record of Song Yushui, a Model Judge (Part Two)

1989 10, Song Yushui officially became a glorious member of China * * * Production Party. As a judge in party member, on her balance, she writes not only justice, but also harmony: using the law to resolve conflicts to the maximum extent and promote social harmony.

The balance is on the shoulder, and the heavy responsibility is like a mountain.

hold steady

Group disputes are difficult, and judges are facing a severe test.

Great changes and great development.

Correspondingly, the conflicts of interests among all parties have intensified, and deep contradictions have gradually emerged. Group disputes, a large number of courts:

Cases of illegal fund-raising by enterprises have caused a large number of people to lose "hard-earned money"; The amount of non-performing loans in banks is huge and involves a wide range; Rural land contract disputes frequently occur, which are closely related to the interests of villagers. ...

One by one, everything is difficult.

How to protect the legitimate rights of the masses according to law? How to properly coordinate the interests of all parties? How to correctly handle contradictions among the people?

People's judges are facing a severe test.

Eight years ago, more than 20 drivers came to Song Yushui.

At that time, the Beijing municipal government decided to eliminate all the "noodle" cars in the Fourth Ring Road. Many taxi companies put forward to drivers: cancel the contract and take back the vehicle renewal. Drivers who drive to eat face temporary unemployment. Some drivers began to petition, sit-in and block traffic.

At the center of the contradiction, Song Yushui clearly realized the fate burden on his shoulders: social stability at one end and food rations for drivers' families at the other.

Outside the court, a large number of companies and drivers are waiting.

Can't be hasty and can't be delayed; We should communicate sincerely and do a good job. This "face-to-face" storm that endangered social stability finally disappeared: most drivers reached an agreement with taxi companies; Individual drivers failed to reach an agreement, and Song Yushui judged in time; The wait-and-see company and the driver shall settle the dispute according to the principles determined by the court.

The trial skills are skilled and superb, and the contradictions are resolved sincerely and persistently. 10 Over the years, Song Yushui has turned the court that adjudicates cases into a "regulator" to resolve contradictions and maintain stability.

Stop arguing

"lose-lose" becomes "win-win" to maximize social benefits.

"The more cases tried, the heavier the sentence."

The old judge's words made Song Yushui, who had just entered the business, meditate.

A paper verdict, there is a loss and a win.

An enterprise may even pay an unbearable price because it doesn't understand the law or is negligent, some are weakened and some are bankrupt.

Judges should do their duty, guide market subjects to standardization through judgments, let them win and preserve in litigation, and maximize social interests.

"Judges should be good at' resolving disputes' and' stopping disputes' to resolve social contradictions to the maximum extent." Instead of trouble, Song Yushui might as well try his best to help the parties open the "heart knot".

Lawyer for ten years, handled hundreds of cases and contacted hundreds of judges. Lawyer He Wei of Beijing Zhongrun Law Firm was most impressed by Song Yushui.

He represented a long-term case.

The plaintiff and the defendant are friends and partners of classmates. In March 2003, when Song Yushui took over the case, the two sides were extremely antagonistic and refused to agree to mediation. The first time they appeared in court, the two sides lost control of their emotions as soon as they met, and they couldn't wait to fight. Lawyers on both sides have completely lost confidence in mediation.

A miracle happened.

Song Yushui not only made the two sides shake hands, but also re-established a new company. Behind the handshake is the wisdom, kindness and persistence of the judge: nine inquiries, four inquests, four court trials, rational analysis and communication from the other side. ...

Impossible becomes possible, and "lose-lose" becomes "win-win".

Mediation is Song Yushui's unique skill.

A brief dispute between parents; Major disputes between companies and enterprises; Colleagues think that it is inevitable to infringe on trade secrets and other intellectual property cases ... After taking Judge Song's "specific medicine" for mediation, the parties often reach a settlement at the least cost.

1 1 year, Song Yushui tried more than 1200 cases, of which more than 70% were settled through mediation, and some parties happily withdrew their charges.

Overcome difficulties

From disorder to order, legal speech is the most convincing.

On the desk, piles of fraud documents. Song Yushui has a heavy heart.

The disputes caused by the credit crisis involve various fields. It is the bounden duty of judges to protect honesty and punish dishonesty.

The case of 1998 "distribution right" has no precedent, which gives Song Yushui a difficult problem.

A foreign trade company dumped expired beer, which was exposed by the media, resulting in a sharp drop in beer sales of this brand. The general distributor in Beijing decided to take back the distribution right and was taken to court by this company. Compared with rapid development, legislation often lags behind. At that time, the law did not stipulate the right to issue.

As soon as the case was established, it became the focus.

Looking through a lot of materials, consulting foreign cases, investigating and consulting relevant departments, and consulting experts and scholars wholeheartedly ... According to legal principles and business practices, Song Yushui creatively supported the defendant's general distributor to cancel the distribution right on the grounds of "losing business reputation".

This judgment was cited as a case by many courts across the country.

A year later, the Contract Law was promulgated and implemented. The principle of "good faith" is listed among them.

The gavel is solemn and sacred.

Judge Song Yushui of party member raised the gavel again and again to safeguard fairness, advocate honesty, standardize order and ensure development.

"Market order, from disorder to order, the law is the most convincing!" When I mentioned Judge Song, I said frankly.

"Law is also a productive force!" Talking about Song Yushui and her colleagues in the Intellectual Property Court, Yang Dongqi of the Legal Affairs Department of Zhongguancun Science Park Management Committee is full of gratitude.

improve

Strive to be an expert judge and challenge new cases, doubtful cases and difficult cases.

New cases, mysterious cases, difficult cases.

In the new era, the new situation has challenged judges.

Judges in the new era should not only safeguard reform and development,

A stable sense of the overall situation requires handling complex cases and solving practical problems.

Judicial ability on international issues.

It is not enough to rely only on past knowledge and experience in handling cases and a smiling face.

"Try to be an expert judge." Song Yushui set himself a goal, which not only improved his academic level, but also strengthened his judicial ability.

Almost all colleagues in Haidian District Court know her diligence:

After dinner, she went to work by bus, watched the trial, discussed the case and inspected the exchange ... She took every opportunity to study.

People around us are teachers, colleagues, lawyers, experts and even parties.

Hard work pays off!

As a judge, Song Yushui closed the case the most in court;

As the vice president, she became a "professional household" who tried difficult and complicated cases;

As the president of the intellectual property court, she asked herself and every comrade in the court: "Try to try every case as a model; Every legal document is a boutique. "

In 2003, a company making paper-cut works rushed to sue: "It took a long time and invested hundreds of thousands! Piracy makes us face a devastating blow. "

It takes time to hear a case, and the company's losses are increasing day by day. ...

Ma Xiurong, the judge in this case, decided to apply the "injunction" and ruled that the defendant should stop making and selling first to avoid the loss of the obligee from expanding.

The "injunction" is still a "paper" law at this time, and no one uses it.

As the president, Song Yushui gave decisive support. After the approval of the hospital leaders, the "litigation ban" was applied for the first time in China.

Confirming the right of network communication, partly judging ... In order to provide a fair and high-quality legal environment, Song Yushui and his colleagues have created a number of "national firsts".

Capable, responsible and aware of the overall situation.

It is Song Yushui from Qian Qian, Qian Qian who has made contributions to the construction of a harmonious socialist society in their ordinary posts. (Reporter Wu Zhangjun)