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I Am A Party Member:Shoulder heavy burden bravely and be a loyal, clean and responsible people's judge——Ma Shijun, the Integrated Tribunal of Tianjin Maritime Court
  pubdate:2021-09-23 09:04:50 printing word size: big | general | small

I entered Tianjin Maritime Court to work after graduating from university in 2001 and have always stuck to the first-line trial position over the years.

 

Shoulder the heavy burden bravely and be a professional judge who serves the masses

1. Strive to serve the people and safeguard their rights and interests of the mass equally

I handled a ship leasing case in 2019. The plaintiff rented his fishing boat to two brothers for fishing at sea. As a result, the fishing boat burned and exploded as soon as they went to sea, and both brothers died in the shipwreck. The plaintiff sued the spouse of one of the dead, the only guarantor, for compensation of 900,000 Yuan for the loss of the fishing boat. After filing the case, I went to investigate the situation in the rural area of Suizhong, where the defendant lived. The defendant's family’s situation was even more difficult than I imaged. There were only three rough rooms in the family, a son who was diagnosed with uremia and dialysis required every week, an elderly mother (the mother of the dead). When I submitted the indictment to the defendant, the mother's eyes was full of expression of despair. The grandma said in the first sentence, “if we pay the 900,000 yuan, the three of our family will not live.” Later, on the one hand, I contacted the legal aid center and applied for an aid lawyer for the defendant. On the other hand, I actively searched for the materials recorded and kept by the marine police after the accident, and pointed out the deficiency of performance of the contract to the plaintiff, the ship owner. Finally, the ship owner said that he would give up the prosecution against the defendant, and the lawyer also gave up charging lawyer fees, and the case was successfully resolved. When the plaintiff received the withdrawal ruling from our court, I saw light and hope in their eyes finally.

2. Overcome difficulties and turned the "ConocoPhillips oil spill" pollution case into an irreversible case.

In June 2011, a major liability accident caused by marine oil spill pollution occurred at Penglai 19-3 oilfield, resulting in seawater pollution of about 6200 square kilometers in Bohai Bay. I participated in the trial of 215 pollution damage compensation cases involving “ConocoPhillips oil spill”. In the case of marine pollution, it is the key for trial to determine the pollution scope. Therefore, my colleagues and I have visited Tangshan government organs and enterprises for more than 20 times in more than two months, and conducted on-site inspection on all breeding sites. We overcame all kinds of difficulties, mastered first-hand information and fixed a large amount of evidence. After that, I immediately worked overtime and utilized all my time to sort out the data of 215 farmers in a unified way so as to ensure that the evidence could be readily available when opening a court session. After completing these preparations, the collegiate bench began to organize court trials, organized evidence exchanges for five times and two court proceedings took more than 20 hours. Finally, according to judicial interpretation of environmental tort that was implemented latest, this case defined the identification standard of the correlation between pollution behavior and damage results in the form of judgment for the first time. In addition, it identified many difficult legal issues such as whether the behavior of breeding operators in violation of administrative laws and regulations hindered the protection of property rights. After the completion of the first draft of the judgment, with the efforts of the comrades, we spent only one month to produce all 215 copies of judgments, and ensured that there were no mistakes and omissions in the judgment, which had been highly praised by the society.

 

Strengthen self-discipline and be an honest and clean judge

In many years of trial work, I have always insisted on maintaining my loyalty to the law, cherishing the judge's profession, and respect for the party's cause and judicial cause in the trial of each case, consciously resisting all kinds of interference and temptation, administering justice impartially and honestly, and highlighting the judge's noble professional ethics and independent personality. I will continue to be down-to-earth, uphold the purpose and handle every case attentively.

 
from:Tianjin Maritime Court
editor-in-charge:wy