On May 29, the Longan Guangzhou Major and Complex Civil and Commercial Case Research Center, in conjunction with the Commercial Dispute Resolution Department, officially launched the “Practical Sharing Series on Complex Civil and Commercial Litigation Cases”. This sharing event specially invited Lawyer Liao Junlian, a partner at Longan Guangzhou, a senior advisor to the Major and Complex Civil and Commercial Case Research Center, and the deputy director of the Commercial Dispute Resolution Department, to give a special presentation. Lawyer Ge Xiangrong, the deputy director of the Longan Guangzhou Management Committee, a senior partner, and the director of the Major and Complex Civil and Commercial Case Research Center, served as the host of the event.
Lawyer Ge Xiangrong
Deputy director of the Longan Guangzhou Management Committee, senior partner, and director of the Major and Complex Civil and Commercial Case Research Center
Lawyer Ge Xiangrong first extended a warm welcome to all the lawyers at Longan Guangzhou who attended the event. She stated that this event was jointly organized by the Longan Guangzhou Major and Complex Civil and Commercial Case Research Center and the Commercial Dispute Resolution Department. Lawyer Liao Junlian, who has rich experience in court trials and legal practice, was specially invited to share her experience and skills in handling cases. This sharing event is an open internal communication and learning activity, and everyone is welcome to ask questions during the sharing process.
Lawyer Liao Junlian
Partner at Longan Guangzhou, senior advisor to the Major and Complex Civil and Commercial Case Research Center, and deputy director of the Commercial Dispute Resolution Department
Lawyer Liao Junlian first shared a case regarding the insurance contract dispute between Chen and a insurance company. She described the details of the case from aspects such as the phone call recordings, call records, the accident liability determination, and the driver’s actions that disrupted the scene. Lawyer Liao pointed out that the validity of the accident liability determination in this case is questionable. She also mentioned that the principle of good faith is a “imperial principle” in China’s civil law system, affecting the judge’s free judgment. From this case, it can be seen that cases that clearly do not conform to common sense and cases where statements are changed repeatedly likely violate the principle of good faith, making it difficult to win the case. Lawyer Liao suggested that during litigation, the principle of good faith should be upheld, and efforts should be made to restore the objective facts of the case.
Then, Lawyer Liao shared another complex civil and commercial case—the debt dispute between Li and a company. Through judicial expertise, it was determined that there was a second print on the samples. As a result, the court dismissed the lawsuit due to insufficient evidence, as the content did not conform to common sense. This shows the importance of samples in judicial expertise. Following this, Lawyer Liao mentioned that copies of evidence can also be used for evaluation, and that everyday experiences are also important factors for the court to determine evidence.
In the third case, Lawyer Liao managed to win the case by choosing the right witnesses, analyzing the call records thoroughly, and having the parties appear in court. She mentioned that lawyers should actively guide the parties in selecting and organizing evidence, and use everyday experiences or relevant knowledge to try to uncover and restore the facts of the case. In this case, Lawyer Liao discussed with other lawyers present the topic of “the validity of witness testimony”.
In the case of Liu and a real estate company regarding the commercial housing sales contract dispute, Lawyer Liao used methods such as applying for a retrial, third-party revocation proceedings, and litigation preservation. After a retrial, the two cases were combined for consideration. By thoroughly analyzing various aspects and using all legal rules, she managed to win the case after more than three years, thereby protecting the rights of the parties to the greatest extent possible.
During the open discussion session, the lawyers present had lively discussions with Lawyer Liao Junlian on legal practical issues such as appeal procedures, judicial expertise procedures, and witness testimony.
This “Longan Guangzhou Complex Civil and Commercial Litigation Case Practical Sharing Meeting” provides a high-quality platform for sharing experiences through the in-depth analysis and sharing of experienced lawyers on typical complex cases. This helps improve the ability of all lawyers in the firm to handle complex civil and commercial cases, strengthens internal knowledge sharing and collaboration within the firm, and further enhances Longan Guangzhou’s professional advantages in researching major and complex cases. In the future, the Longan Guangzhou Major and Complex Civil and Commercial Case Research Center will continue to organize such professional discussions, deepen research on complex cases, and continuously improve legal services to provide clients with more professional and efficient dispute resolution solutions.