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  • ‘How to Revive Civil and Commercial Retrial Cases? — A Sharing Session on Retrial Case Handling by Lawyers’ Event Successfully Held

    Release Time:2025-12-05

    Against the backdrop of the ongoing deepening of the rule of law in China and the continuous improvement of the judicial system, the civil retrial procedure, as a crucial component of the judicial redress system, shoulders the vital mission of rectifying judicial errors and effectively safeguarding the legitimate rights and interests of parties involved. To enhance lawyers' practical capabilities in handling retrial cases and to strengthen experience exchange and professional collaboration among legal practitioners, JAVY Law Firm successfully hosted the event ‘How to Revive Civil and Commercial Retrial Cases? — Case Handling Insights from Retrial Lawyers’ on 3 December 2025.


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    Mr Xu Fadong, Executive Committee Member and Senior Partner of JAVY Law Firm, delivered the opening address, with distinguished Senior Partner Mr Ge Suchang serving as the keynote speaker. He noted that this event marked the tenth instalment of the JIA LAWYER Lecture Series, which consistently strives to establish a high-quality platform for lawyers to share case handling experiences and foster mutual growth. We encourage fellow practitioners to learn from one another and advance collectively.

     

    During the thematic presentation, Mr Ge emphasised that correctly understanding the civil litigation retrial procedure is fundamental to handling such cases effectively. He elaborated on the numerous challenges inherent in retrial proceedings, such as the high rejection rate of retrial applications and the characteristic of China's retrial system being ‘lenient in admission yet stringent in outcome,’ factors which collectively heighten the complexity of handling retrial cases.

     

    Subsequently, Mr Ge conducted an in-depth analysis of the substantive criteria for granting retrial rulings, highlighting that the core requirement lies in the ‘substantiation of grounds’ rather than merely demonstrating ‘actual errors’ or ‘potential reversal of judgment.’ He particularly emphasised four scenarios typically unlikely to lead to overturned judgments: cases involving academic disputes, those where enforcement has been completed, claims of contract invalidity raised during retrial, and instances where parties present an unfavourable litigation image during proceedings. He also provided a detailed analysis of the three levels of error in original judgments. Through concrete case studies, Mr Ge vividly illustrated key operational points in retrial practice and offered practical recommendations.

     

    Finally, Mr Ge conducted a comprehensive analysis of the differing decision-making mechanisms and review periods for granting versus dismissing retrial applications, alongside factors such as improper means like ‘seeking connections’ and the Supreme People's Court's Retrial Application Registration Department. He noted that extended review periods generally signalled positive attention, indicating more thorough scrutiny and importance accorded to the case. Conversely, in significant cases, reliance on connections not only carried substantial risks but also contravened the spirit of the rule of law. Mr Ge further advised that solicitors should cultivate robust textual analysis skills, maintain high levels of responsibility and professionalism towards each case, and treat every matter with utmost diligence.

     

    During the interactive session, the atmosphere was lively and cordial as attending solicitors engaged in in-depth discussions with Mr Ge on matters of concern. Following the event, participants expressed great satisfaction, noting they had gained considerable insights.

     

    JAVY Law Firm remains steadfast in its commitment to establishing platforms for lawyers to engage with distinguished legal institutions and industry luminaries. This fosters personal professional development, deepens legal expertise and skills, and empowers lawyers in their professional advancement.

     


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