公正判案服民心

Justice serves the people

過了冬至，路邊的銀杏樹葉變得晶瑩炫目，一陣寒風(fēng)吹過，片片葉兒像一只只在風(fēng)中翩翩飛舞的蝴蝶，把天空和地面綴上賞心悅目的色彩。星河公司門口，幾個(gè)工人正在裝彩燈掛燈籠，新年的氣氛一天天濃了起來。

After the winter solstice, the roadside ginkgo leaves became glittering and dazzling; after a gust of cold wind blowing, pieces of leaves fluttered like butterfly in the wind, decorated the sky and the ground with pleasant colors. At the gate of Xinghe Company, several workers were installing the colorful lights and hanging the lanterns. The atmosphere of the New Year grew stronger day by day.

這是2007年元旦前。這一天，周興和情緒很好，他叫來了辦公室主任，給她交代道：“小董，你去辦一件事。你去請一支軍樂隊(duì)、鑼鼓隊(duì)、獅子隊(duì)、彩旗隊(duì)，弄得越熱鬧越好！”

This was before New Year's Day of 2007. That day, Zhou Xinghe was in a good mood. He called the office director and told her, "Dong, you have an errand. Please invite a brass band, percussion, lion dance troupe, and colored flag team. The livelier, the better!"

“周總，離過年還有幾天哪，你現(xiàn)在就請這些隊(duì)伍來，要干什么呢？”

"Mr. Zhou, there are still a few days to go before the Spring Festival. Why do you invite these teams now?"

“這些你先別管，我自有用處。另外，你再去廣告公司去做一塊大匾，掛上紅綢，匾的內(nèi)容就照著這個(gè)做。”周興和說著遞給董主任一張紙條，上面寫著幾個(gè)字：“公正判案服民心”。

"Never mind that; I am of use. In addition, you go to the advertising company to make a big plaque, hanging up the red silk, and the content of the plaque is like this." Zhou Xinghe handed Dong a piece of paper on which were written the following words: "Justice serves the people".

“你這是要給法院拜年送匾嗎？”董主任看了看那張紙條，有些疑惑。

"Do you want to pay a New Year visit to the court by sending a plaque?" Director Dong looked at the note, with some confusion.

“是啊。”周興和看董主任站在那里有些不解，他接著說道，“人們常說，只有公正，才能有公平；只有公正，才能體現(xiàn)正義。法院如果不公，我們當(dāng)然要和他們賭氣；但如果人家做得好，公正判案，我們當(dāng)然也應(yīng)該給他們拜年送匾哪！”

"Yeah." Zhou Xinghe looked at Dong standing there puzzled. He added, "People often say that there is justice only when there is just. If the courts are unfair, of course we will be angry with them; but if they do a good job, a fair judgment, of course we should also give them a New Year visit by sending a plaque!"

“好，我馬上就去辦?！倍魅蚊靼走^來。

"Well, I'll get right on it." Director Dong understood.

“你不忙?！敝芘d和接著又對她說道，“這些事辦好后，你通知全體職工，明天都參加這次活動(dòng)，大家都穿整齊一點(diǎn)，精神要飽滿。另外，你再告知一下省市報(bào)社、電視臺(tái)的記者，就說我們星河公司明天要專門去給法院拜年送匾！”

"Wait." Zhou Xinghe went on to say to her, "When these things are done, you should inform all the staff to participate in this activity tomorrow. Everyone should dress more neatly and be energetic. In addition, you once again inform the provincial and municipal newspapers, the television station's journalists, just saying that Xinghe Company tomorrow will specially pay a New Year visit to the court to send the plaque!"

“通知報(bào)社、電視臺(tái)的記者，他們能來么？”董主任低聲問了一句。

"Tell the journalists from newspapers and TV stations? Will they come?" Whispered Director Dong.

“你告知他們，我相信他們肯定會(huì)來?！?/p>

"You just tell them. I'm sure they'll come."

是呀，新聞媒體他們需要的是新聞，一個(gè)基層單位給法院拜年送塊匾，這算什么新聞呢？

The news media need news. A grass-roots unit pays a New Year's visit to the court to send a plaque, what kind of news it is?

但，星河公司給法院拜年送匾，那可就另當(dāng)別論了！究其原因，一是這些年，星河公司在省里 “秸稈綜合利用” 項(xiàng)目中以第一名中標(biāo)后，他們的名氣越來越大，算是遠(yuǎn)近知名的企業(yè)；二是農(nóng)民發(fā)明家周興和的名字和形象，近幾年更是頻頻在熒屏和報(bào)端亮相，也算是此地知名人士了；三是他們?yōu)榫S權(quán)，與侵權(quán)單位打的官司有上百場，從綿陽打到成都，從成都打到北京，有好幾樁官司更是轟動(dòng)全國，與法院的淵源最深；最具新聞價(jià)值的是，為打官司，他們曾一度與法院的關(guān)系到了水火不相容的地步，弄得社會(huì)輿論紛紛揚(yáng)揚(yáng)，而今他們卻主動(dòng)要給法院拜年送匾——這就是文明共建，“構(gòu)建和諧社會(huì)”的一個(gè)典型事例呀，豈不是新聞！

But, Xinghe Company paying a New Year visit to the court to send a plaque, may be a different matter! For its reason, first, over these years, after Xinghe Company won the bid in the provincial "straw comprehensive utilization" project, their reputation was getting louder and better, and became a well-known enterprise; second, the name and image of Zhou Xinghe, a farmer inventor, had appeared on the screen and in the press frequently in recent years; third, in order to protect their rights, they fought hundreds of lawsuits with infringing units, from Mianyang to Chengdu, and from Chengdu to Beijing. Several lawsuits caused a stir throughout the country and had the deepest connection with the courts. What’s most newsworthy was that, in order to file the lawsuit, they once had an incompatible relationship with the court and caused a great deal of public opinion, but now they were taking the initiative to send a plaque to the court. This was a typical example of civilization construction and "building a harmonious society", wasn't it a news?

消息傳到法院，法院的領(lǐng)導(dǎo)們聽說來拜年送匾的星河公司，這次是大動(dòng)干戈、敲鑼打鼓、人馬浩蕩，據(jù)說還有十幾家新聞單位要到現(xiàn)場采訪，除了感到意外，當(dāng)然也感到驚喜。

When the news came to the court, the court's leaders heard that Xinghe Company was to pay a New Year's visit to send the plaque, with the gong and drum beating, and it was said that there were more than a dozen news media to the scene to interview; in addition to being surprised, of course, they also felt happy.

讓他們感到意外的是，自2003年周興和與法院鬧得不可開交后，他們?nèi)靸深^，就往法院跑，就有案件起訴到法院，據(jù)說，最多的一天竟起訴了6個(gè)案件！

To their surprise, since Zhou Xinghe and the court were incompatible as fire and water in 2003, they went to the court every few days and brought cases to the court. It was said that they had brought six cases in one day at most!

不但如此，周興和還專門打電話告訴法院領(lǐng)導(dǎo)，真叫領(lǐng)導(dǎo)們有些哭笑不得。周興和告訴他們：凡是星河公司的案件，他希望法院一律都判敗訴！如果他們只要判了勝訴，他就立即會(huì)上訴，要求上一級(jí)法院改判敗訴——起訴者要求勝訴改判敗訴，那豈不是全國首例離奇案例么？這，恐怕又該是一樁讓社會(huì)感興趣的新聞了。

Moreover, Zhou Xinghe also made a special phone call to tell the court leader something, and made the leaders feeling funny and annoying. Zhou Xinghe told them that he hoped the court would judge Xinghe lost in all the cases. If he won, he would immediately appeal and ask a higher court to change the verdict – if the prosecutor asked for a change of judgment from winning to losing, wouldn't that be the first bizarre case in the country? And it may be a news attracted the social attention.

星河公司和法院賭了幾年的氣，而今，他們之間的關(guān)系，隨著時(shí)間推移，卻是峰回路轉(zhuǎn)柳暗花明！

Xinghe Company and the court were incompatible for a few years, and now, their relationship turned to a good trend with the passage of time!

又讓法院領(lǐng)導(dǎo)感到驚喜的是，盡管這幾年他們依然判了星河公司不少案件敗訴，但他們不但沒有再和法院較勁，而且現(xiàn)在竟然要主動(dòng)來拜年送匾！當(dāng)年的“官司大戶”而今能有這樣的舉動(dòng)，這真像媒體所評價(jià)的那樣，不啻是“構(gòu)建和諧社會(huì)”的一個(gè)典型實(shí)例，也是法院改變工作作風(fēng)、依法判案，并取得工作成效最好的證明呀！

To the surprise of the court leaders, although they still judged Xinghe Company lost in many cases in recent years, they did not fight with the court any more, and now they wanted to take the initiative to pay a New Year's visit to send the plaque! The "lawsuit frequenter" in those years can have such action now, which really seemed as what the media said, it’s a typical example to "build a harmonious society", and also the best proof of the court changing its work style, to judge a case lawfully, and obtain certain work effect!

“說實(shí)話，我們這回給法院拜年送匾，確實(shí)是真心誠意、發(fā)自內(nèi)心的?！敝芘d和對新聞媒體的記者們說道，“這幾年，法院領(lǐng)導(dǎo)，特別是他們院的何審判長、劉審判長等法官，前后審理了我們20余個(gè)案件。在案件審理過程中，他們沒喝過我們一回茶，更沒收過我們一分錢的禮。還有兩次審理過程中，我還對他們說過非常難聽的話。但他們不計(jì)前嫌，堅(jiān)持依法辦事，秉公辦案，講程序講道理，很有水平，確實(shí)體現(xiàn)了法律的尊嚴(yán)和法官的素質(zhì)！他們審理的這些案件，雖然我們敗訴居多，但我們輸?shù)眯姆诜?。所以我們特制的這塊匾，叫住‘公正判決服人心?！?/p>

"To tell you the truth, as we send the plaque to the court this time, we really mean it from the bottom of our heart." ZhouXinghe told the journalists, "In recent years, the court leaders, especially the judges such as Chief Judge He and Chief Judge Liu, have judged more than 20 cases against us. In the course of the trial, they did not drink our tea, let alone confiscated any of our gifts. And I had said some really nasty things to them during the other two trials. However, regardless of the past, they insisted on handling the cases in accordance with the law, dealing with the cases impartially, based on the procedures and being reasoning. They are very competent, which indeed reflects the dignity of the law and the quality of judges! We lost most of the cases they tried, but we are convinced. So, we have this plaque that says, 'Justice serves the people'."

要過年了，成都街頭已是張燈結(jié)彩。這一天，更出現(xiàn)了一道靚麗的風(fēng)景，引來無數(shù)路人佇足觀看。星河公司的隊(duì)伍，彩旗飄飄、軍樂鏗鏘、鑼鼓喧天、龍騰獅躍。一塊精致的大匾披著紅綢，由人抬著行進(jìn)在隊(duì)伍中間，匾上“公正判決服人心”幾個(gè)大字，更是奪人眼球。這隊(duì)人馬整整齊齊，浩浩蕩蕩熱鬧非凡直往法院走去。

The New Year was coming, and the streets of Chengdu were decorated with colorful lanterns. On this day, there appeared a beautiful scenery, attracting countless passers-by to watch. The team of Xinghe Company, with colorful flags fluttering, military music clanging, gongs and drums noisy, and lions dancing. A large, delicate plaque draped in red silk was carried in the middle of the procession, with the words "Justice serves the people" written on it. This team was neat, mighty and lively went straight to the court.

來到法院門口，當(dāng)?shù)氐男侣劽襟w，已有好幾臺(tái)攝像機(jī)、無數(shù)的照相機(jī)的鏡頭對著這熱鬧的場面。據(jù)說，當(dāng)天到這里來采訪的有17家新聞單位，有29名記者。臨近春節(jié)，這里成了花的海洋、歌的海洋、歡樂祥和的海洋——企業(yè)家與法官們的手緊緊握在了一起。這個(gè)場面，自然成為這個(gè)城市當(dāng)天的一條新聞。

At the courthouse entrance, the local news media had several cameras on the scene. It was said that there were 17 news media and 29 journalists who came here for interviews that day. Approaching the Spring Festival, it had become an ocean of flowers, songs, joy and peace - the entrepreneur and judges held hand in hand. This scene, naturally, became the news of that day in the city.

送匾的是出自內(nèi)心。

The plaque was from the heart.

接匾的自然感到十分欣慰。

The party that received the plaque naturally felt very gratified.

“公正判決服民心”，這條新聞被《中國法制報(bào)》的記者抓住，他們對法院和星河公司深入進(jìn)行了采訪，挖掘出了這條新聞背后更多的故事，最后被他們寫成了長篇通訊，在法制報(bào)上登了一個(gè)整版，在國內(nèi)引起人們的熱議。據(jù)說，這個(gè)典型的事例，曾被最高人民法院領(lǐng)導(dǎo)在大會(huì)講話中提及過。這位領(lǐng)導(dǎo)講：我們中國的老百姓呀，其實(shí)是最淳樸最善良的。基層法院如何判案，他們心中是有桿秤的！你們判案不公，人家當(dāng)然要罵你咒你；你們判案公正，老百姓就會(huì)敲鑼打鼓給你拜年送匾！

The news was captured by the journalist from China Legal Daily, who conducted an in-depth interview with the court and Xinghe Company to dig out more stories behind the news, which were eventually turned into a lengthy newsletter and a full-page article in the Legal Daily, sparking a heated debate in China. It was said that this typical case was mentioned by the Supreme People's Court leaders in the speech to the Congress. The leader said: the ordinary Chinese people, in fact, are the most honest and kind-hearted. How does the basic-level court judge a case, their heart weighs it clearly! If you have judged unjustly, you will certainly be cursed; if you judge a case fairly, the common people will beat the gongs and drums to give you a New Year visit and send a plaque!

“我這個(gè)人敢愛敢恨，是個(gè)愛憎分明的人。對正直無私的法官，我從心底里欽佩，甚至敬畏他們，他們是國家的脊梁，老百姓的青天；對貪贓枉法的法官，我從心底里鄙視，甚至痛恨他們，他們是共產(chǎn)黨中的敗類，社會(huì)肌體中的蛀蟲！”

"I am a man who dares to love or hate. I admire and even fear the upright and selfless judges from the bottom of my heart. They are the backbone of the country and the sky of the common people. I despise and even hate the corruptive judges from the bottom of my heart. They are the scum of the Communist Party and the moths in the social fabric!"

筆者在采訪中，周興和談到這些年與司法部門打交道時(shí)，他這樣說道。

Zhou Xinghe said in an interview about his dealings with the judiciary over the years.