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The legal service with high grade and convenient major comes into the village

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发表于 2020-7-30 22:04:22 | 显示全部楼层 |阅读模式
 
Zhang Shuiying of solicitor of office of attorney of Guangdong treasure Cheng (right) in rich put together of town of town of collect county lake is treated do undertake work contract dispute is mediated. People visual sense
Qiu Zhihua of solicitor of office of attorney of Guangdong eminent every (in) , Chen Min another name for Guangdong Province (right) villager of village of the rising sun of county of Xiang Bo collect offers law to seek advice. Collect    is photographed
An added ingredient
Villager of home village or town, in the parent short, the hard to avoid in producing the life has some of bumpy. Nowadays, rural area of benefit state city is visited in Guangdong, once produce contradictory issue, villagers love to look for the village " legal vice director " .
10 years ago, exploration of benefit state city is carried out be stationed in a village " legal vice director " . Thenceforth rises, worker of more than 500 law walks into countryside in succession, send law go to the countryside, implementation " legal vice director " administrative village (community) enclothe completely.
6 years ago, guangdong complete province is pushed and wide, uniform name is " one village one counsel " .
These a few years, "One village one counsel " already pushed in the whole nation. A file is clear in the center of this year put forward: "The organization is begun ' one village one counsel ' the law that waits for formal diversity serves. " in March, committee of law manage state affairs is depended on in the round in the center of " the opinion that builds about strengthening law rural area " announce, ask among them " strengthen rustic counsel job further, fulfil one village one counsel system, the standard serves content, innovation serves kind, strong chemical industry makes safeguard, for the country basic level is organized and general affairs of law of people processing experience offers the law with high grade and convenient major to serve " .
Set sth afoot
"Those who had eaten not to know a way is deficient " cropland head village, savor the benefit of usage knowing a way
Lie between when old, ceng Zhaoxiong still one's heart still fluttering with fear.
2006, in relief Ou Shatian of benefit of city of state of the Renhui when Ceng Zhaoxiong presses down secretary of Party branch of cropland head village. When those, one villager group builds village collective the factory building that uses the construction on the ground, hired company of an other place. Contract lease originally 5 years, not bear want, just passed 3 years, the boss runs suddenly road, abandon a few workers that did not take salary, let villager group be at a loss what to do.
"Do not know a way in those days, the contract is signed very cursorily, boss break a contact how to do? How to sue to the court? Did not have an idea temporarily. " Ceng Zhaoxiong says, the boss is not contacted, workshop is unused later large half an year, hire hit water to float not to say, a few workers are chased after demand back pay, villager group is obliged pay for sb and expect to be repaid later of go ahead of the rest.
Like cropland head village, as urban and rural unifinication development is accelerated, be in benefit city country, land is on the move, the building is rented wait for item to increase ceaselessly, many villagers widened source of belongings sex income, savor benefit, but also had taken roundabout way. "Those who eat at most is deficient, be what do not know a way is deficient. " Ceng Zhaoxiong says frankly.
"Because do not know a way, do not take care to make mistake easily, cause a loss, I am sorry villager ah! " 2009, guangdong sun rises Zhong Jun of lawyer of attorney office director to install village of haunt cropland head to attend what bureau of administration of justice of benefit state city holds to send law go to the countryside the activity, ceng Zhaoxiong always should recount the hardship that does not know a way, invite bell lawyer to come to the village more.
In those days in November, classics benefit in relief area is relevant sectional pull wires, bell Junan and autograph of cropland head village are made an appointment with, hold the position of this village counsel, offer law to seek advice into the village regularly, provide legal service freely.
This tries, savor of village of head allowing a surname benefit.
Cropland head village group of villager of two photographs adjacent, because the authority of a land belongs to the boundary,ever caused dispute, conflict is unintelligible. "Village two appoint in the in a dilemma on this thing, be afraid that end of a bowl of water is wrong. " Ceng Zhaoxiong headaches for this.
Suffer hire become a village counsel, how does Zhong Jun approach a problem continuously.
"Seek your opinion above all, whether to agree with me to intervene harmonious? " village appoint in conference assembly room, sitting the delegate of two villagers group, atmosphere dignified, bell Jun An is incompact slow say. Seeing is to often come the bell lawyer that legal knowledge says in the village, everybody nods agree.
"Collective land use card is the important basis that earthy land ownership belongs to, your both sides says land is him, can you take reach land uses card? " as a result of historical reason, bilateral all not hold land uses card, do not have utter a word then. How does Zhong Jun see " legal card " produced effect, hit then again " emotional card " : "Everybody is in a village, lower his head to disappear look up see, still should be in order to mix mutual and expensive, self-effacing. " finally, adopt Zhong Jun to bring a proposal, both sides presses land area to allocate on average.
Be aimed at the feasibility condition of grow in quantity of rustic law dispute, cadre of combinative country basic level and villager law consciousness promote demand, in October 2010, benefit in relief area is in 20 administrative village are pilot, create a village counsel -- vice director of village legal system.
"The house that it is a village retains counsel, come from the initiative exploration of basic level, through pilot, promotion, already became benefit state city to advance the strong grasper that treats a village lawfully nowadays. " Pan Ruxin of director of bureau of administration of justice of benefit state city tells a reporter, since 2011, benefit city is on the foundation that sums up pilot experience, build system of vice director of perfect village legal system, make clear duty of functional fixed position, job, group by group grading carries out all village house.
"' legal vice director ' it is to press law professional the law that establishs with recruit of commonweal sex principle serves volunteer team, name at that time for ' legal vice director ' , basically be to reflect service, facilitating village cadre, villager understands, convenient they begin the work, be not hold the position of a village truly appoint conference vice director -- they do not participate in a village to reside public general affairs decision-making management, hands-off village resides daily routine. " Pan Ruxin explains.
Benefit state city puts forward clearly still, legal vice director takes out 8 hours every months to arrive at least the village that be stationed in a dot (community) begin legal service, 12 not less than weekday inside a year, wait through phone, small letter at ordinary times offer seek advice. For this, finance is contributive, give every legal system the vice director annual 10 thousand yuan of allowance.
Solution is difficult
Had become dissolve plugger of knowledge of contradictory dispute adjuster, law, the law of the villager elevates consciousness in exert a subtle influence on
Completion of Chen Wensheng new residence, xu Xianghui suffers congratulate on a happy occasion goes before inviting, those who serve is a cover is red " constitution of People's Republic of China " .
Chen Wensheng of 56 years old, it is rich of benefit state city collect county Long Hua presses down villager of village of the rising sun. By 2014, his home is ancestral the old house of 3 generation defeated housetop, cracked house wall, do not have a law to live again. He brings contractor team, tear open on former address old build new, whose makings just begins construction, be gone up to make stop by the town.
Original, the village of the rising sun that Chen Wensheng is in, the Hakkas ancient dorp that belongs to a model -- whole Gu Min house is saved to 600 is in more since bright Qing Dynasty. Because relevant section is doing ancient dorp to protect a program, the plan makes village of the rising sun historical culture tourist attraction, after town government suggests the program such as Chen Wensheng comes on stage reconstructive. Chen Wensheng is forced give u, 5 shack home of mother of adjacent village farther-in-law.
Ancient dorp protection plans to did not come on stage tardy, chen Wensheng wait not to rise, "Eldest son 20 several, said two girls, the family will look, do not have even the house, face about went. Face about went..
"Certain a form of address for a man about one's father's age, our village has a legal vice director, does otherwise go asking him? " a word of the villager reminded Chen Wensheng. Holding the state of mind that have a try in the arms, he is found sufferred the Xu Xianghui that hires vice director of legal system of village of the rising sun 2012.
Hear its the whole story, xu Xianghui prepared data very quickly, to the town government and land place reflect a condition.
"Laws and regulations of government of our country land decided a country curtilage base ' one curtilage ' principle, of generation of ancestors of old Chen Zaizu curtilage base former address rebuilds, completely lawful " ... Xu Xianghui leads a way already tell a truth again.
Xu Xianghui is mediated lawfully, the mouth loosened in the town, chen Wensheng also makes concession: After bridal chamber has been built, the range establishs outside residing a style to decorate by Gu Min; Vacate the trigonometry land that the side outside old building makes kitchen, henhouse formerly, widen the road that enter a village.
2019 the Spring Festival, chen Wensheng new residence of a move to a better place or have a promotion, the Xiang Hui that ask Xu comes to new home be a guest, this ability had Xu lawyer to send " constitution " one act.
Walk into a village as more and more counsel, when the villager needs law to serve no longer " do not receive on line, feel do not wear the door " , resemble Chen Wensheng however same, the society dissolves dispute lawfully, uphold the right.
Of course, this process is not accomplish in one move.
Street Xiaotie village has opening of small gold of benefit the city zone bridge, plum two, house photograph adjacent and build, an intermediate road, two lend the hill on this cultivate land. Later because of small contradiction, liang Jiaren is built in for this road go up from messuage base, be in crossing build by laying bricks or stones a wall, home Li must the hill on detour. For this, two made a noise half an year, who will be not mediated give a result.
Home Li son persuades father to appeal to vice director of village legal system, laoli objects. The son finds Liu Shengping of vice director of village legal system directly.
Find Liang Jiaren, as Guangdong division the Liu Shengping of director of bright attorney office put forward " photograph adjacent counterpoises " concept: In border each other praedial everybody or between use person, any one party are reasonable exercise its droit or access, enjoy a requirement to other photograph adjacent just offers advantage or accept limitative right. Base of messuage of Xiu Zailiang of even if road, but because of building photograph adjacent, home Li has authority to pass through.
A law is analysed, rational has according to, old Liang Zizhi is unable to dissuade a law, dismantled fence, reconcile with Laoli. From this, laoli makes the same score vice director of this legal system to be sincerely convinced to Liusheng.
Like Laoli, many villagers experienced a process to the manner change of legal vice director. This backside, legal vice director relies on just mediation to win credit, more rely on legal knowledge conduct propaganda, the law of the villager elevates consciousness in exert a subtle influence on.
After how Zhong Jun comes to cropland head village, the first thing gives the legal system on the villager the lesson namely. "Land manages the legal laws and regulations such as law, marriage law, villager attention is spent tall. " preparation of bell Jun An is sufficient, tell popularly, the villager listens with pleasure, exeunt without one person midway. After the class, many villagers seek advice round him.
A legal class, more clear villager is opposite Jun An letting a bell of legal knowledge long for. After this, in the village appoint can change during, how is Zhong Jun cadre of the villager, village tuitional villager committee organizes a law; Begin " two violate " (break the law to cover an area of and violate a building) during special punish works, he explains the legal laws and regulations that relevant land manages for the villager.
"The arrival of legal vice director, be not was to resolve contradiction of a few picket only, mainer, it is to bring the law concept that encounters a problem to be solved lawfully. " Ceng Zhaoxiong sighs with emotion.
In rich beauty of collect county peaceful presses down mountain child head village, individual village cadre violates low of pound of collective of compasses general village to send a package between one's early years. Later, many villagers are witting this matter, shout is worn should go chasing after a person that contract, call in pound forcibly.
"Everybody first sober, not actuation, once touch,make law, not only oneself are in an unfavorable situation, also nobody dare come the village invested. " the moment of truth, zhong Bai a few often follow the villager that Ceng Shiwen of vice director of this village legal system is together to appear personally offer advice, pinned the mind fire of the villager. "Belong to the pound of village collective, bag of hair of village cadre privately is wrong, we are occupying this thing to manage, can pass legal measure to solve certainly. Can pass legal measure to solve certainly..
Final, villager of Ceng Shiwen guidance lawfully thought fors the time being, call in smoothly pound sends a package afresh.
Look in Li Yiwei of secretary of benefit state municipal Party committee, country of convoy of legal vice director develops, become the important participator that rustic basic level administers. "They are criterion with law, it is a principle publicly with justice, processing of stimulative contradiction dispute is in basic level, dissolve Yu Meng bud, maintained basic level stability effectively. Maintained basic level stability effectively..
Treat a village
When examinant of file of the member that good villager autonomy guides, law, promotion controls the capacity of the village lawfully
Since Xu Xianghui helped Chen Wensheng solve difficult problem, removed mana in the tree in the village, the villager has contradictory dispute to look for him to help. This not, the Chen Wen of edge of the highroad of domestic occupy village (alias) will appeal again.
Original, to add oneself living space, chen Wen and circumjacent neighbour are same, chaos was built to build a house in doorway illicit, crowded took partial way, be discovered by land branch superintend and ask to demolish. Village cadre comes to do the work, of circumjacent countryside adjacent pulled down, only alone Chen Wen rise superior to, "Myself spends Qian Jian, want to tear open by what? Want to tear open by what??
Chen Wen looks for Xu Xianghui to help, after which cicada dismisses a case, xu Xianghui made Chen Wen's work instead: "Land manages code to decide, collective land does not get privately to take up, and your practice, the communal road that belongs to forcibly occupy to belong to village collective uses the land, village collective has authority to be demolished lawfully. Village collective has authority to be demolished lawfully..
Secretary of Party branch of village of the rising sun, village appoint conference chairman Chen Jin is built still worry formerly a little, legal vice director came in the village, can stand in the villager only here, just realise later, they are to stand in law here.
"With Chen Wen when explain is terrible, xu lawyer took a few statute books technically, we listen by, also acquire a lot of things. " Chen Jin is built say.
At first, the arrival of legal vice director, also let a few be used to a tradition administering means, job simple and curt village cadre is quite incommensurate. Many village cadres fear they can interfere village Wu, have some of repellent mentality.
In October 2017, zhang Shuiying of solicitor of office of attorney of Guangdong treasure Cheng suffers hire for rich town of collect county lake presses down vice director of legal system of 3 water village. At the beginning, leave a village every time to village cadre " get work " , gotten answer is " thing of it doesn't matter " .
Tighten urgent deliverance, let Zhang Shuiying win credit in the village. Relevant department superintend and director checks discovery, the land that collective of 3 water village and villager sign makes over a contract to have a problem, village two appoint be at a loss temporarily, if where manages,ask Zhang Shuiying this.
Original, according to land management the law sets, rural land belongs to farmer collective all, for countryside public facilities and need of commonweal career construction use land, organization of rural collective economy signs up for the governmental approval that uses the land via original approval, can call in land access, but to land access the person ought to offer proper compensation. A few years ago, the village needs to use partial villager land to build public facilities, signed land to make over a contract with the villager however. "Here, partial villager is subliminal think land cent is him in one's hand, the understanding of individual village cadre is punch-drunk also, unexpectedly the ground villager of one part deal out again ' buy ' come back. " Zhang Shuiying says.
According to professional guidance of Zhang Shuiying, village appoint the branch is approved related meeting newspaper, signed with the villager call in land access agreement, consult Guangdong province asks for the ground to amend a standard, decide afresh with the villager compensation amount. Via this be related, village two appoint the member is sincerely convinced, the village handles experience law work, ask Zhang Shuiying to build character to make suggestions.
"Zhang Lv division, our village compasses civilian in making an appointment with, the villager is made over curtilage base access gives this village collective member, suffer let just must assume the provide for responsibility before the other side is mortal, are such regulations lawful? " on a legal class, villager delegate takes out a village compasses civilian is made an appointment with, the spot is consulted.
Zhang Shuiying is fine fine look, such regulations have a problem truly. "According to land management the law concerns a provision, curtilage base access can be in this village collective is made over legally between the member, village collective fears this village collective is made over at will between the member curtilage base access, in the village compasses civilian is made an appointment with in the jumping-off place of such regulations is good, but do not accord with relevant law spirit. But do not accord with relevant law spirit..
Later, according to Zhang Shuiying's proposal, the village holds villager congress, via discussing, pass consistently, deleted this provision.
"Legal vice director mediates dispute lawfully not only, more in village collective the contract concludes, village compasses civilian action of the play in agreement perfect standard, become the main force that orders a village lawfully. " Huang Zhihao of vice secretary of benefit state municipal Party committee says.
Normative
Aggrandizement assessment, do good safeguard, make clear part fixed position, perfect incentive mechanism, countryside of the law that help strength is built
"The legal vice director of our village sees people far from! " 2016, bureau of judicatory of rich collect county receives some village villager suddenly to complain, vice director of reflective place legal system fails to walk on duty responsible.
Investigation of prefectural judicatory bureau understands, sufferred the lawyer that hires vice director of this village legal system to find new job the another attorney office of other county area, the law place that its are in before did not replace person selected suitably temporarily, can ask him only temporary give attention to two or morethings. But because journey is further, traffic inconvenience, the lawyer serves frequency to the village second drop apparently. Prefectural judicatory bureau is this village reorder appropriate person selected.
To ensure the job is begun in order, in recent years benefit state city perfects counsel work rules ceaselessly, refine " press a quantity to begin legal servive routine to house of the village that be stationed in a dot on time " " lawfully mediate is of all kinds and contradictory dispute " " satisfaction of village cadre, villager spends an evaluation " wait to quantify assessment index 12 times, build rewards and punishment to exit a mechanism, assess two years clearly continuously give unqualifiedly dismiss.
Since 2019, county of each district of benefit state city still is organized in succession begin attorney office and institute of town administration of justice " place place butt joint " the autograph is made an appointment with, in principle is pressed down by speak or sing alternately of an attorney office, try out lawyer and town belong to each village to reside " two-way choice, trends is adjusted " .
Be in " place place butt joint " on the foundation, the legal vice director of many places gradually from " singles is fought alone " , change is what enclothe much village with a group " form a delegation type serves " .
"For instance I am compared in certain major domain be expert at, but another domain may be not quite familiar. The contradictory issue of many villages is relatively complex, involve square respect area, form a group, everybody is professional intellectual structure is complementary, can serve for the country better. " how does Zhong Jun tell a reporter.
Be waited for for a long time in the village, some legal vice directors also have such bewilderment: "We buy a service to suffer via the government hire for legal vice director, should impartial, be placed in the middle is mediated. But as the lawyer, accept party to entrust a representative, inside limits of legal big frame, answer to maintain the interest of party as far as possible. Such word, can you still be in does the case act as agent in the village? Can you still be in does the case act as agent in the village??
To this, bureau of administration of justice of benefit state city says frankly about chief, try out at the beginning of, did not consider the deviation on this kind of part, conflict. 2014, benefit state city makes clear fixed position of part of legal vice director further, insist to dissolve contradictory indifferent sex, in principle prohibits its are in get case of the representative that hire a village.
Safeguard mechanism also is in progressively and perfect. To arouse the service enthusiasm of legal vice director, in recent years benefit state city encourages conditional village, below the premise that purchases service of basic law law in the government, can increase by oneself contributive, purchase more overall law service.
Liu Shengping sufferred 2012 hire the legal vice director that holds the position of small iron village, up to now already 8 years. His job is devoted, the frequency of next every months of villages sets a requirement more than far. Rose 2017, the autograph makes an appointment with small iron village and the attorney office that he is in, annual 20 thousand yuan invite him to offer all the year round law serves.
"Village economy development is very rapid now, such professional personage is being helped feel pulse interrogation, be free from anxiety in the heart. " cadre of a village says small iron village.
These year, 1280 villages house realizes benefit city entirely " one village one counsel " , already finished law to seek advice 230 thousand times, assistance mediates of all kinds and contradictory dispute many 20 thousand.
May 2014, guangdong province comes on stage " about beginning one village (community) the opinion that one counsel works " , benefit state city " legal vice director " exploration experience is pushed to complete province, uniform name is " village (community) counsel " .
"Current, visit nearly 26 thousand villages completely (community) already realized counsel to be enclothed completely, progressively from ' materiality is enclothed ' to ' enclothe effectively ' change. " land of long Ceng Xiang says office of hall of Guangdong province judicatory.
Come 6 years, guangdong saves counsel lawyer to begin law lecture to exceed 550 thousand showing number, suffer numerous more than 14 million person-time, offer law to seek advice from 2.32 million person-time for the villager, participate in mediate contradiction dispute to exceed 80 thousand directly.
Helin of Wu Bing of our newspaper reporter makes the same score Li Gang " People's Daily " (on July 24, 2020 The 13rd edition)
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