A | AI摘要
永安法院深耕基层,通过提供合同范本、调解涉农纠纷、协助金融风控及推行赋强公证等举措,源头化解矛盾,护航产业发展与乡村振兴。
Former President Donald Trump surrendered at Fulton County Jail in Atlanta on Thursday evening and booked on more than a dozen charges stemming from what prosecutors say were efforts to overturn the results of the 2020 presidential election in the state.
He arrived for his booking at 7:30pm, escorted by a Secret Service entourage at least a dozen black cars deep and a motorcade of law enforcement officials after traveling on his private jet from his residence in Bedminster, New Jersey.
Afterward, he made brief – and defiant – remarks.
“If you challenge an election, you should be able to challenge the election. I thought the election was a rigged election, a stolen election. And I should have every right to do that,” he said before boarding his plane. “What has taken place here is a travesty of justice. We did nothing wrong. I did nothing wrong.”
Throngs of Trump’s supporters and critics alike gathered early in the morning behind barricades in the parking lot across from the infamous jail ahead of the former president’s arrival, holding signs, shouting from megaphones and waving flags.
Converging with the heavy media presence and tight security, it was all but certainly the media circus Trump had hoped it would be in the wake of the first GOP presidential primary debate on Wednesday evening, which the former president chose to sit out, citing his record-setting lead in polling.
Trump and 18 of his closest allies are being charged in a sweeping racketeering scheme, which involved spreading conspiracy theories, pressuring elected officials and propping up fake electors to overturn the 2020 presidential election results in Georgia in a desperate effort to remain in power despite having lost the presidency in a free and fair vote.
The charges follow a two-year investigation by Fulton County District Attorney Fani Willis.
The indictment marks the fourth set of criminal charges against Trump, who now faces a cumulative 91 felony counts in New York state court for hush money payments to porn star Stormy Daniels, in federal court in Florida for mishandling classified documents, in federal court in the District of Columbia for his efforts to prevent the peaceful transfer of power and incite a violent insurrection at the Capitol and now in Georgia.
Sheriff Pat Labat maintained that Trump would be treated like anyone else accused of a crime by a grand jury – and by all accounts he was. The booking process has become somewhat commonplace for Trump, even though it remains unprecedented among former presidents.
But unlike his other surrenders, this one included a photograph – a mugshot that became a part of American history the second the shutter clicked as the first former U.S. president was captured through the lens. The photo is set to be released by the county sheriff’s office on Friday.
Trump, who is the front-runner for the 2024 Republican presidential nomination, has denied wrongdoing in all the cases against him and continues to repeat unfounded claims that the 2020 presidential election was “rigged and stolen.” In reality, Trump lost the general election to Biden, and, in Georgia specifically, he lost by some 11,779 votes.
Trump, in his remarks, repeated claims that his indictments are an attempt by Democrats and the so-called “deep state” to undermine his candidacy for president.
“What they're doing is election interference. They're trying to interfere with an election,” he said. “There’s never been anything like it in our country before. This is their way of campaigning.”
The conditions for his release, which were set last week, include a $200,000 bond and strict conditions on his social media use. Among other things, he must not violate any laws in Georgia or elsewhere, he must appear in court as directed, he must not communicate about the facts of the case with fellow co-defendants – except through his legal team – and he must not intimidate co-defendants or witnesses.
Hours before his surrender, Trump replaced one of his leading attorneys, Drew Findling, with Steve Sadow, a widely respected criminal defense lawyer in Atlanta who recently defended a rapper in a racketeering case. Shadow has long criticized Georgia prosecutors for overusing the state’s RICO law.
The sudden change in defense came as a surprise – though not entirely out of character for Trump, who has been burning through attorneys in recent months as his legal challenges mount.
At least 12 of Trump’s 18 co-defendants have surrendered already, including Mark Meadows, the former White House chief of staff, former U.S. acting Assistant Attorney General Jeffrey Clark and Trump’s former personal lawyer Rudy Giuliani.
Meadows, the former White House chief of staff, had sought to delay his surrender date until a decision was made on his request to move his charges to federal court and dismiss the indictment altogether. But a federal judge on Wednesday denied him an extension.
The handful of other co-defendants who have yet to surrender have until noon on Friday before Willis issues warrants for their arrests.
Willis initially proposed that the trial begin on March 4 – adding to an already busy legal calendar for Trump heading into the 2024 election. But the former president is seeking to delay the case for as long as possible, including by lengthy pre-trial motions and a petition to move the charges to a federal court. Legal experts say Willis' timeline is likely untenable – though she did file a motion on Thursday to move up the timeline for the trial to Oct. 23 after one of the co-defendants filed a request for a speedy trial.
C | “治未病”
对此,小陶人民法庭负责人罗德藩认为:“许多矛盾不是突然发生的,而是在欠条不清、口头承诺无凭、质量争议缺少证据等细节中逐渐积累起来的。所以我们在基层纠纷化解工作中积极贯彻‘治未病’的思路,在基层解纷中更强调‘源头管控’。”
特早蜜橘,是当地农业的一项特色产业。小陶镇特早蜜橘产业发展联合中心党委书记江继清介绍,今年该镇特早蜜橘产量达1亿公斤,比去年增加1500万公斤。除了产量增长之外,收购价格也保持在一定区间。“今年的行情比去年好多了,大丰1号收购价每斤约4元到4.8元,大丰4号每斤约3.5元到4元。在上海市场,我们这里的果子每斤零售价接近12元。”
随着产业规模扩大、市场半径拉长,交易已不再只是乡里乡亲之间的口头约定。合同如何书写、交付时间如何计算、果品质量如何认定、货款何时结清,都可能影响交易能否顺利完成。 江继清回忆,早些年,部分果农法治意识不强,合同写得不规范,甚至出现过用农历时间约定交付期限的情况。“合同不规范,果农和果商之间就容易产生争议。纠纷多了,果商的顾虑也会增加,长远看会影响产业发展。”
“围绕特早蜜橘交易中的常见风险,法院帮我们梳理了一份合同范本。”江继清说。
D | 范本把品种、数量、价格、质量标准、履行期限、违约责任等内容尽量写清楚,把交易双方对风险的理解提前摆到桌面上,减少事后各执一词的空间。 人情账
农业纠纷的复杂性,常常体现在证据上。
E | 小陶人民法庭前任庭长周密告诉记者,涉农纠纷有几个难点:证据难固定、农民证据意识不足、果实季节性强。比如农药争议,农药往往需要混合使用,比例不当可能造成果实品相问题,但这并不必然说明农药质量有问题。“等纠纷发生后再回头核查,农户往往没有留样,果实也可能已经销售或错过检测时机,事实认定难度就会增加。”
红星村农资经营户张上宜遇到的,就是这类夹杂着人情、账款和质量争议的问题。
F | 同村人因经济困难赊购农资,欠下4万元。
G | 张上宜出于同村情谊同意赊账。 “我也是小本经营,欠款长期拖着,确实会有压力。
H | ”张上宜说。 2024年,对方归还1万元后仍欠3万元。后来又提出农药有问题,称影响当年果品质量。
I | 不过,张上宜并不认可:“从销售情况看,他那年的果子卖得并不差。”
这起纠纷最终通过法庭调解解决。前后约3个月,双方各退一步,张上宜追回2.5万元欠款。
K | 与此同时,法院也参与合同规范、纠纷调解,必要时通过“借新还旧”等方式进行协调,帮助一些小微企业缓解经营压力。 在文创园等经营主体集中的场景,纠纷又呈现出另一种样态。企业之间发生争议后,原告希望权利有保障,被告则担心诉讼影响经营和信用。永安市人民法院文创园人民法庭负责人肖懿介绍,过去庭外和解缺乏强制力,一方担心协议难以兑现;但进入诉讼,又可能影响另一方经营。2024年,文创园人民法庭设立公证调解室,依托永安市公证处探索赋强公证解纷机制。 按照这一机制,双方达成调解协议后,可以当天办理公证、当天形成协议。
L | 协议具有强制执行效力,如果债务人违约,债权人可以到法院申请强制执行,为债权人提供了高效有力的法律保障。“一般诉讼流程需要3到6个月不等,调解通常1个月左右即可完成,公证费用约为诉讼费的40%。”肖懿说。 17日,小陶镇的集市渐渐安静下来,咨询摊收起,纸页归拢,白天留下的问询也暂时告一段落。
M | 对基层法院来说,许多工作并不在法庭内才开始,而是在一次询问、一次确认、一次程序启动中向前推进。(李子衡 林丹 陈媛)。
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