Resolving Property Disputes with the Power of Law
2024-12-16
The increase in urbanization rate has made the quality of property services a hot topic of concern for people's livelihood, and property service disputes have also become a bottleneck in the current field of people's livelihood. The People's Court of Qingxiu District, Nanning City, Guangxi Province, combined with the trial characteristics and trial experience of property service disputes, innovated the characteristic working method, created the working mode of "on-site investigation+judicial advice, pre litigation mediation+litigation mediation docking, case statement+publicity of the law, outpatient court trial+element trial", promoted the fair and efficient resolution of property disputes, and achieved remarkable results. From January 2022 to November 2024, the People's Court of Qingxiu District has accepted a total of 2859 property service dispute cases, concluded 2342 cases, with a settlement rate of 81.92% and a withdrawal rate of 47.61%. Mediating property disputes to create harmony. "How can we provide good services when so many homeowners are not paying property fees and their survival is a problem?" said a manager of a property management company. This is a party involved in a property contract dispute case. A property management company sued 45 homeowners in Qingxiu District People's Court for overdue property fees. After receiving the litigation materials, the litigation mediation docking center of the court filing court carefully checked and found that the rights and obligations of such cases were clear, the facts were clear, and the litigation object was small, so it started the pre litigation mediation procedure and appointed a specially invited mediation organization to carry out the pre litigation mediation work. After accepting the appointment, the mediator will go to the owner's home for face-to-face communication and on-site visits to the community to understand the parties' demands, community facilities and equipment, hygiene and cleaning, order management, and other situations. Based on the actual situation, they will promote the resolution of disputes on the spot. Introducing specialized specially invited mediation organizations can not only save time and costs, but also deliver diversified dispute resolution services to the doorstep of the public. It can also strengthen the prevention of disputes at the source while achieving mass resolution of property disputes Tan Yu, the chief judge of the filing court of Qingxiu District People's Court, said. Properly resolving property disputes is an important livelihood issue for the court. The Qingxiu District People's Court has constantly played the role of pre litigation mediation, and carried out delegated mediation for the batch of series of cases brought by property service enterprises, combined with case materials and front-end communication with owners, and conducted online mediation through the mediation platform of the People's Court. For homeowners who wish to engage in offline mediation, representatives from property service companies and homeowners will jointly organize face-to-face communication and back-to-back mediation in court. After persuasion and reasoning, the success rate of pre litigation mediation is nearly 70.6%. In November 2024, the People's Court of Qingxiu District accepted a property company's lawsuit against 45 property owners for property service contract disputes. Through the appointment of a mediation organization for secondary mediation, the two parties reached a settlement plan, and the property company withdrew 29 cases of litigation, with a withdrawal rate of 64.4%. The integration of litigation and mediation is another approach taken by the People's Court of Qingxiu District to address the issue of people's livelihood. Mediation work is integrated throughout the entire litigation process, and even if the case enters the litigation stage, the specially invited mediation organization actively contacts the parties to carry out mediation work, accurately grasping the key points and triggers of conflicts and disputes between property service enterprises and owners, and promoting the substantive resolution of conflicts and disputes. In recent years, the People's Court of Qingxiu District has continued to implement the "outpatient trial+element based trial" approach to improve the quality and efficiency of characteristic trials. For property service dispute cases, the application rate of small claims litigation has been increased, and the speed and quality of simplified cases have been further improved. In 2023, a batch of property service contract disputes were triggered due to a chemical plant in Nanning City owing over 80000 yuan in property service fees for many years. The property service company filed a lawsuit with the court. Elemental trial can enable judges to more accurately grasp the key points of a case Before the court hearing, the presiding judge has determined the disputed factual elements of these several cases. During the trial, the presiding judge focuses on reviewing the disputed factual elements between the two parties. After less than half an hour of trial, the judge immediately writes a summary judgment and delivers it to both parties as soon as possible. This batch of cases took 30 days from filing to conclusion. Based on the factual elements table filled in by the parties before the lawsuit, by focusing on the disputed facts and fixing the disputed elements, the presiding judge can directly understand the conflict points between the two parties, carry out element based trial work on the points of conflict, and make the trial "light loaded", greatly improving efficiency and helping property dispute cases to accelerate. In order to further resolve property disputes and increase the speed of filing, the People's Court of Qingxiu District has launched outpatient style court hearings, achieving centralized scheduling and trial for property service dispute cases in the same community. At the same time, actively play a leading role in exemplary litigation and effectively resolve disputes through the approach of "hearing one case and resolving one area". Since 2023, the expedited adjudication team of Qingxiu District People's Court has completed 8 batches of exemplary litigation cases. Among them, a group of 53 homeowners sued Wuyue Property Company for unjust enrichment disputes. One case was filed and accepted in advance, and the remaining 52 cases were quickly concluded through small claims procedures. How can we keep property disputes unresolved and focus on long-term solutions? Qingxiu District People's Court has changed its work approach from "solving problems" to "finding problems". In October 2023, the People's Court of Qingxiu District issued a "Judicial Proposal" to the Nanning Property Management Industry Association, proposing relevant judicial suggestions regarding the performance of obligations by property service enterprises and communication barriers between property service enterprises and owners. Thank you for the court's suggestion. We will further grasp the improvement measures of property service enterprises in the disputed community after the judgment, and enhance the quality of property services In November 2023, property service companies and property industry associations responded by stating. Judicial advice on 'anchor focus'. By reviewing recent cases and appointing property mediation committees to resolve them, Qingxiu District Court analyzed the causes of disputes, summarized the experience of property service dispute trials, sorted out the characteristics of property service dispute cases and typical case handling opinions, put forward implementation suggestions and specific measures, and effectively played the role of judicial advice in "preventing recurrence". The case has been completed, but risks still exist. We have been exploring how to better resolve the 'troubles' in people's daily lives from the source Fan Li, the head of the expedited adjudication team of the Qingxiu District People's Court, said. On April 9, 2024, a unique public welfare training kicked off. The People's Court of Qingxiu District provided training on "Practical Application of Property Service Laws and Regulations and Typical Case Analysis" to nearly 400 enterprise managers, project managers, and customer service personnel. In addition to training, judges should promptly answer questions and clarify their obligations to assist and cooperate with homeowners in installing charging stations, as well as their responsibility for paying property fees for changes in property ownership. One training, one harvest. This training was like a timely rain, dispelling many of my doubts and providing strong guidance, benefiting me greatly, "said Mr. Wang, the person in charge of a property service company who participated in the training. In recent years, the People's Court of Qingxiu District has regularly conducted legal public welfare training for property service enterprises. During the training, typical and high-frequency issues in specific cases of trial practice are used as entry points to supplement and explain the precautions for signing property service contracts and retaining evidence, guiding property service enterprises to perform their duties, provide services, and protect their rights in accordance with the law. Legal public welfare training takes the lead, and harmony follows closely behind. The People's Court of Qingxiu District still adheres to the concept of "grasping the front end and preventing diseases before they occur", actively extends its judicial service functions, regularly carries out "rule of law propaganda+interpreting the law through cases" in community propaganda activities, and improves the service concept of property enterprises and residents' legal awareness. The property issue concerns thousands of households and is a key livelihood issue related to the well-being of the people. Qingxiu District People's Court will continue to practice the concept of serving the people, extend its judicial functions, improve and perfect the entire process of resolving property disputes, and provide more convenient, efficient, and high-quality judicial guarantees and services for the people to live and work in peace and contentment. (New Society)
Edit:Rina Responsible editor:Lily
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