Law

Cultivate a fertile soil for the judiciary and foster a thriving market

2025-07-17   

Facing Guangdong, Hong Kong and Macao, backed by the Great Southwest, and going south out of the Beibu Gulf, it is located at the junction of South China, Southwest China, the Pearl River Delta, and the Beibu Gulf Economic Circle. It is the starting city of the "Maritime Silk Road" and one of the strategic nodes of the the Pearl River Xijiang Economic Belt. Guigang, Guangxi Zhuang Autonomous Region, has significant advantages in its development zone. Recently, it was learned from the Intermediate People's Court of Guigang City that in recent years, the two levels of courts in Guigang City have focused on creating a first-class rule of law business environment, with the goal of shaping the "Dutch and French good governance, protecting enterprises and optimizing businesses" work brand as the starting point, fully exerting their judicial functions, focusing on the "three ends" of front-end prevention and resolution, mid-range case handling, and end of pipe service extension, actively building a diversified co governance model for enterprise related conflicts and disputes, and helping to create a convenient domestic and international dual circulation market operation. When Li from Mule Town, Guiping City was contracted for a project, he entrusted some of the work to his fellow townsman Huang and seven others. However, due to a broken funding chain and personal injuries, he owed more than 80000 yuan in wages to the seven people. Both parties had agreed to pay 5000 yuan per month, but Li did not fulfill the contract. Huang and others then sued him to the People's Court of Guiping City. After accepting the case, the presiding judge believed that it could be mediated and immediately joined forces with the Mu Le Court and local town government staff to participate. After both parties explained their difficulties, the judge and government officials patiently advised and finally reached a new agreement: Li paid part of the wages in court and the remaining 4000 yuan per month until full payment was made. The court clarified the legal validity and enforcement protection of the mediation agreement, and Huang and others accepted the plan, successfully resolving the dispute. Labor disputes account for a relatively large proportion in disputes involving enterprises, which not only affect the vital interests of workers, but also have an impact on the stable development of enterprises. Guigang Intermediate People's Court, together with the Municipal Federation of Trade Unions and the Municipal Human Resources and Social Security Bureau, jointly established the Guigang Labor Dispute Mediation Center and set up a labor dispute trial circuit court in the Municipal Human Resources and Social Security Bureau. The circuit court has resolved wage disputes among migrant workers through pre litigation linkage mediation, promoting the "dual protection" of workers and enterprises, and jointly building harmonious labor relations. Since 2024, a total of 1251 such conflicts and disputes have been successfully resolved through pre litigation joint investigations. Based on local conditions, the two levels of courts in Guigang have implemented effective measures to establish a diversified linkage mediation mechanism and create a diversified linkage mediation platform. Pingnan County has established a court based mediation studio in the Federation of Industry and Commerce to carry out "court+Federation of Industry and Commerce+people's mediators" linkage mediation; The People's Court of Qintang District has established a court led, human resources and social security bureau, and trade union linkage mechanism to achieve quarterly work consultation and joint investigation of major cases through the joint meeting system, allowing multiple forces to work together to solve the problem of enterprise disputes... In order to achieve practical results, a construction company in Guangxi and a real estate company in Pingnan had a dispute over a construction contract. The real estate company failed to pay more than 20 million yuan in project funds according to the mediation agreement, and the construction company applied for compulsory enforcement. The People's Court of Pingnan County has seized 57 properties from a real estate company for auction, but found difficulties in the auction. The property does not meet the conditions for obtaining certificates, making it difficult to realize, and forced auction may lead to the breakage of the real estate company's capital chain and damage to its reputation, which in turn affects the realization of the construction company's debt. ”Chen Shuwen, member of the Party Group and Director of the Enforcement Bureau of Pingnan Court, introduced. If relying solely on traditional execution methods, it is likely to result in a "lose lose" situation. How to break the deadlock and turn 'double loss' into' win-win '? Through the mediation of the executing judge, the two parties have reached a settlement plan of "live sealing and live deduction": the real estate company will use a portion of the property as debt protection, and prioritize fulfilling obligations through sales or financing. After the sale of the property, the corresponding property will be unsealed, and the proceeds will be distributed in a ratio of 80% to the construction company and 20% to the real estate company. In the end, the real estate company was able to operate normally, and the suspended properties resumed work. Currently, 37 properties have been sold. The clever use of the "active closure and deduction" measures is not only an innovative breakthrough in the execution of enterprise related cases, but also a precise balance between protecting the rights and interests of winning lawsuits in accordance with the law and safeguarding the sustainable operation of enterprises. It is reported that in 2024 alone, the courts at both levels in Guigang adopted a total of 1566 measures of "active closure and detention", concluded 7364 cases involving enterprises, and executed a total amount exceeding 1.25 billion yuan. In addition, Guigang City actively carries out the "Guizai Execution · Optimizing Business Environment" special action. Since 2025, it has adopted methods such as supervision and advance notice to facilitate the automatic performance of 164 million yuan by the executed party. In the exploration of optimizing the handling of enterprise related cases, the innovation of the Guigang two-level court goes beyond the execution process. The two levels of courts in Guigang have opened up a green channel of "establishment, trial, and enforcement" to facilitate corporate litigation, restructured "process nodes", decomposed target trial limits into various stages, and strived to achieve "fast establishment, fast delivery, fast trial, and fast enforcement" of enterprise related cases. In 2024, the time required to resolve commercial disputes further decreased to 73 days, a year-on-year decrease of 6 days. In response to cases involving multiple parties, non-performing financial assets, real estate, etc., the Guigang two-level court has made a "first case demonstration" on the basis of obtaining the consent of the parties, guiding the batch mediation of a series of cases, achieving fast establishment, trial, and settlement, and achieving a good effect of "handling one case and resolving one area". The strong extension of post judgment Q&A services at the end of the sentence is an extension of the trial work. The court not only needs to solve the problem, but also needs to solve the psychological problem, and must interpret the law in accordance with the law. In a construction contract dispute heard in the Wuli Court of Qintang Court, the defendant, a certain construction company, believed that the plaintiff's processing company had immature technology during the production and installation process, resulting in water leakage in the project, and therefore had not paid the project payment after the end of the construction period; The plaintiff believes that the occurrence of this phenomenon is due to quality issues with the building materials provided by the defendant, which is unrelated to their own craftsmanship. Therefore, they filed a lawsuit with the court requesting payment of the project funds. In the face of mutual accusations between the two parties, the presiding judge believes that it is not possible to make a single judgment and should promote substantive resolution of the dispute. So, the court actively built a platform and invited construction industry engineers to serve as jurors, combining the actual situation of the case to provide reasonable suggestions for both parties. At the same time, hiring professionals to conduct on-site inspections and provide opinions to ensure the fairness and impartiality of the judgment. After the verdict, the presiding judge patiently explained the reasons for the verdict again, making both parties realize that "blaming each other" cannot solve the problem, and guiding both parties to shift from "right or wrong" to "solving the problem". Finally, the defendant paid the plaintiff for the project based on the judgment, and neither party appealed. In order to promote the substantive resolution of contradictions and disputes, in recent years, the courts at both levels in Guigang have made great efforts to do a good job in post judgment Q&A, building communication platforms, and strengthening legal publicity. They have continued to write the "second half of the article" on trials, allowing judicial efficiency to continue to extend. Strengthening communication and supervision is an important way to improve the work of the court. Guigang Intermediate People's Court has formulated the "Guigang City Court Special Supervisors Work Measures (Trial)", hired 28 entrepreneurs, NPC deputies, and CPPCC members as special supervisors, regularly held entrepreneur symposiums to listen to opinions and suggestions, opened the door to supervision, and continuously polished the quality of work through interaction. Regarding common and high incidence cases involving enterprises such as pre-sale contract disputes, labor disputes, intellectual property disputes, property contract disputes, and financial loan contract disputes, Guigang Court, in conjunction with the Judicial Bureau, Federation of Industry and Commerce, Housing and Construction, Natural Resources, Finance and other departments, regularly conducts special lectures on legal education related to enterprise conflicts and disputes, and provides legal consulting services. At the same time, relying on the "one-stop" service center of the political and legal organs in Gangbei District, an industrial park circuit court has been established in Guigang National Ecological Industry Demonstration Park to conduct circuit trials on enterprise related cases and provide a "doorstep" judicial service station for park enterprises. (New Society)

Edit:Wang Minhui Responsible editor:Du Hui

Source:Rule of law daily

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