Cai Jing, a legal aid lawyer from Zhongcheng Qingtai: His own brothers turn against each other and go to the countryside to mediate the crisis.
Published:
2017-03-23
On March 16, 2017, an old couple came to the legal aid center with their grandson. The old man said to me, "lawyer Cai, I received the materials from the court. I was sued. What do you think I should do?" so I took the materials in his hand and looked at them carefully. First of all, I was puzzled by the lawsuit request of only 950 yuan in the indictment. Moreover, the original defendant turned out to be a brother, who filed a lawsuit for 950 yuan, which is also relatively rare. After reading the materials, and after careful inquiry, the original thing is this: the old man is the defendant in the complaint, the plaintiff is his half-brother, the younger brother is born to his stepmother, after the father died, the two sides have been on the family hall ownership of the dispute, for this reason, the two sides also moved, the younger brother put his brother in the kitchen of the hall miscellaneous, sister-in-law in a fit of anger with a bamboo pole to leak of fire, the younger brother took his brother and sister-in-law to court for the damaged roof tiles, demanding compensation for 950 yuan's property losses. Supposedly, this is not a complicated problem, but the materials given to me by the old man are shocking. It was a threatening letter written by my younger brother. The words were very fierce and he wanted to kill his whole family. The old man also told me, "he sued me, and I was going to tear down the wall of the main house. At that time, the wall of separation was mine". It is understood that the main house is currently lived by the stepmother. Judging from the photos of the main house, the house is very dilapidated and the roof tiles have been damaged. It is now in the rainy season, with continuous rain and rain. The stepmother is also very old. It is not very safe to live in such a house with leaking rain everywhere, and the old man is emotional. In case the wall is torn down in anger, the collapse of houses leading to casualties is not a simple matter. Such contradictions should be resolved as soon as possible, and the contradictions cannot be allowed to continue to escalate. I made a decisive decision and took them to the court on the same day to find the presiding judge. After submitting the corresponding evidence materials, I explained the detailed situation and suggested that the court should conduct mediation before the court.
On March 20, 2017, together with judge Shi of the court, I came to caoluping village, Jiuzhou Town, Huangping county. I personally went to the disputed main room to conduct a field investigation. It was even more shocking to see the situation of the main room with my own eyes. Due to the leakage of rain, the water stains in the room, the wires were exposed, the house was dilapidated, a pillar was broken and supported by wooden sticks, ownership is disputed, and this is the only dilapidated house in the village that has not been dealt.
After understanding all the situation, we called the two brothers to mediate in the village committee of Caoluping. During the mediation process, the two brothers still had a dispute over the ownership of the main house. I patiently explained to them that the main house belonged to their parents. When the father died, you all had the right to inherit as heirs, and you had other brothers and sisters who were not present today. In this case, none of you had the final say, I suggest that we can take two steps. First of all, we should solve the problem of compensation for the damaged roof tiles today to solve the living problem of the old lady. In the second step, you can contact other brothers who work outside and make an appointment to sit together to discuss the inheritance of the main house and renovate the dilapidated house as soon as possible. At that time, the judge also explained that if the other brothers did not come, they could write a petition and ask the court to issue a summons to inform them of their coming. You need not worry about this in the operation of the law.
After more than 3 hours of patient and meticulous communication with Judge Time, I understood the reason and did the work of the two brothers separately. The mood of the two brothers eased somewhat. Finally, the eldest brother agreed to buy tiles to repair the house and took out 100 yuan's repair fee on the spot. The younger brother also agreed to forgive the eldest brother and promised to inform the other brothers as soon as possible to solve the inheritance problem. In the end, the two parties reached a mediation agreement on the spot, and the implementation was completed on the spot. The dispute was resolved and the further escalation of the contradiction was avoided. Afterwards, the local village party secretary told us that before our mediation, the two brothers had already called the police three times for fighting, and the public security had no choice but to do so. They were afraid that the fighting would escalate. Fortunately, we came forward to mediate. This is the first time that the two brothers can sit together and reach an agreement. Thank you very much to us.
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