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Sanya Division Heard Seven Cases on Circuit- Handling a Case while Promoting Legal Awareness
  Updated:2019-10-15 02:20:32 print size: big | general | small

On 12 October 2017, assisted by the judicial police division, Sanya Division completed a consolidated circuit hearing of seven cases concerning a dispute over the removal of obstacles in Longqi Bay, Ledong. The conciliation between the parties and the resolution of the dispute helped to maintain social stability and support the growth of the local marine economy. It also provided good legal education of nearly a hundred local fishermen who were present at the hearing.

This September, Hainan Longqi Bay Company brought an action before us on the grounds that seven individuals had set up aquaculture rafts and cages for illegal farming respectively in sea areas for which they had obtained the right to use. The company requested us to order the seven defendants to immediately remove all the cages and accessories from the said sea areas, stop the infringement and restore the sea areas. After entertaining the case, Sanya Division promptly served relevant legal documents on all parties concerned. Considering that all defendants in the seven cases were local fishermen with low legal awareness, efforts were made to explain to them relevant legal risks and inform them of their right to produce evidence. However, none of the defendants produced any evidence in their defence during the time limit for producing evidence.

Through discussion, the collegial bench held that as all defendants in the seven cases were local fishermen, it would be quite inconvenient for them to come to Sanya for a hearing as it was the season for fishing operations. In addition, they had low legal awareness and could not fully understand the adverse consequences of their failure to produce sufficient evidence. If a hearing was to be held without the defendants’ attendance, the Division would only be able to render rigid judgments based on available evidence and that might not help to settle the dispute even if the cases were concluded. The conflicts might even be intensified, and this would be harmful to the local stability and economic growth. In order to reduce the burden of litigation on the parties concerned, ascertain facts and thoroughly resolve the conflicts, Sanya Division decided to hold a consolidated circuit hearing on the site. It also promptly made a hearing plan and contingency arrangements.

Assisted by the Villagers’ Committee of Longqi Bay, Ledong and supported by the judicial police division, Sanya Division set up a convenient tribunal in Longqi Bay Village, Ledong County on 12 October and held a consolidated circuit hearing of the seven cases concerning the dispute over the removal of obstacles. The news had spread and the hearing attracted a large number of fishermen. Early in the morning, nearly a hundred villagers had gathered on the site of the circuit tribunal. Among the crowd were heated discussions and hints of distrust of the tribunal. Some villagers driven by emotions even attempted to go pass the security line. Then order was gradually restored under the persuasion of the chief judge and the guidance of the judicial police. Throughout the hearing, the judges maintained an impartial standing and learnt about the causes of the conflicts and the basic facts of the cases. They also seized the opportunity to clarify law and mediate between the parties, trying to achieve mutual understanding and trust. Conciliation went on with the consent of both parties, laying a good foundation for a proper resolution of the dispute. The fishermen present indicated that they had obtained legal knowledge with this vivid lesson, and they expressed full recognition of the judges for their administration of justice.

责任编辑:海口海事法院英文网管理员