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Recently, JIA LAWYER law firm Shang Shujie successfully represented a case of tort liability disputes that lasted for eight years and had intertwined legal relationships. The case finally ended with the successful outcome of the plaintiff's initiative to withdraw the lawsuit, the achievement of this result, not only reflects the full range of the rights and interests of the parties on behalf of the lawyers escort, but also for the judicial practice to deal with complex legal disputes contributes to an important reference.

01 Eight Years of Gaming Intertwined with Tort and Debt

The case began in May 2016, the defendant Wang Moumou in the operation of the storage company, unauthorised damage to the plaintiff Du Moumou, Zhuang Moumou ration land of six years fruit trees and crops, the two sides of the conflict in the plaintiff was beaten and injured. After negotiation, the defendant promised to pay nearly one million yuan compensation and property collateral issued a loan, but the long-term failure to fulfil their obligations. 2024, the plaintiffs filed a lawsuit to require the defendant to pay the money owed.

02 procedural justice and substantive rights of three-dimensional attack and defence

The surface of the case for the debt dispute, actually implies infringement of damages, land rights disputes and other multiple legal relationships, the evidence chain is defective, the subject qualification fuzzy, the difficulty of the agent is significant.

In the face of the complexity of the case, Shang Shujie lawyers constructed a ‘dual-track procedural and substantive’ agency strategy, showing professional strength. At the procedural level, the team strictly abide by the bottom line of the litigation rules, for the plaintiff to file a key evidence of the lack of written objections, stressing the legitimacy of the evidence is the cornerstone of the litigation; at the same time, the case involves the main body of the identification of the review of the evidence and other complex issues for the reason that apply for the summary procedure to the collegial hearing, to ensure that the rigour of the procedure.

In the reconstruction of the evidence system, Mr. Shang penetrated the factual fog, pointed out that the witnesses on the ‘land policy compensation’ statement lack of official documents to support, and requested to restore the facts with documentary evidence as the core; and revealed that the legal nature of the debenture essentially originated from the tort compensation, and need to be combined with the constitutive elements of tort liability to determine the validity of the debenture. On the breakthrough of legal application, Mr. Shang analysed the legal procedure of land requisition and compensation, and argued that the defendant was neither the subject of tort liability nor the legitimate debtor in the debt relationship, which fundamentally shook the basis of the plaintiff's claim.

Eventually, the plaintiff finally took the initiative to withdraw the application, the two sides of the dispute can be properly resolved, the case also drew a satisfactory conclusion.

03 the judicial practice of the case of three revelations

The successful conclusion of this case, for the judicial practice has brought three important enlightenment:

First, the lawyer on the litigation subject qualification of the depth of argumentation, strengthen the ‘eligible subject is the premise of the right to claim’ of the decision rules, for the same kind of case subject review provide practice model.

Secondly, through the comparison of the probative power of human evidence and documentary evidence, it has promoted the courts to strictly apply the principle of evidence adjudication, and provided empirical support for the application of the rule of ‘official documents take precedence’ in policy disputes.

Thirdly, while pursuing procedural legitimacy, the lawyers did not relax the sorting out of substantive rights and obligations, which demonstrated the dialectical thinking of legal practitioners on the dual justice of ‘procedure - entity’, and provided a new way of thinking for the balance between the two in complex cases.

04 Summary

In this case, shang shujie lawyers with solid legal skills, keen ability to capture the dispute and a deep insight into the judicial practice, for the parties to build the rights and interests of the protection of the iron wall, but also for the judicial practice has contributed to the wisdom of the increment. JIA LAWYER law firm has always been adhering to the concept of ‘accurate research and judgement, in-depth defence’, and has been exploring the boundaries of the rule of law in the representation of difficult cases. In the future, JIA LAWYER will continue to take professionalism as the sword and responsibility as the shield, and write the answer sheet of fairness and justice in the process of rule of law.