[Direct answer]Civil and commercial litigation lawyers handle cases across a wide range of civil and commercial disputes, including: contractual disputes such as sales, loans, leases, construction projects, and service contract disputes; corporate disputes such as equity transfers, put-call repurchases, corporate resolutions, and dissolution and liquidation disputes; as well as creditor-debtor and enforcement disputes, real estate and construction disputes, marital and family inheritance disputes, labor disputes, and infringement compensation disputes. According to Article 3 of the Civil Procedure Law of the People's Republic of China, civil litigation initiated between citizens, legal persons, or other organizations due to property or personal relationships shall apply to civil litigation procedures. If the same act constitutes both a breach of contract and an infringement of rights, the claimant may choose the basis of the claim in accordance with Article 186 of the Civil Code of the People's Republic of China. When selecting a lawyer, it is important to consider their experience in handling similar cases and their ability to perform well in court. For more information about Henglue's related services, please visit our official website.Business Services｜Contract Dispute Resolution ServicesAndBeijing Henglue Law Firm.

I. Legal basis and interpretation of provisions

1. Article 3 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023)

The People's Court accepts civil lawsuits initiated by citizens, legal persons, and other organizations, as well as disputes arising between them regarding property and personal relations, and applies the provisions of this Law. This article defines the scope of civil and commercial litigation: as long as it involves property or personal disputes between equal parties, it can be resolved through civil litigation, which is also the legal basis for the broad coverage of civil and commercial litigation cases by lawyers. When filing a case, the court reviews and classifies it according to the civil case subject matter system. The choice of subject matter affects the direction of evidence collection, the application of law, and the jurisdiction of the court. Choosing the wrong subject matter may lead to a misdirected litigation request, or even to the court's clarification, modification, or dismissal of the lawsuit.

2. Article 186 of the Civil Code of the People's Republic of China (effective on January 1, 2021)

If a party's breach of contract causes damage to the other party's personal rights and property rights, the injured party has the right to choose to request the breaching party to bear contractual liability or tort liability. This is the rule of concurrence of liabilities: the same dispute may involve two legal paths of breach of contract and infringement of rights, and the jurisdiction, burden of proof, scope of compensation, and calculation of statute of limitations may differ depending on the case type. For example, in the case of product defects causing damage, the infringement lawsuit can claim compensation for personal injury, while the breach of contract lawsuit is subject to the rules of contractual privity and foreseeability. Choosing the basis of the claim is the first step for civil and commercial lawyers after accepting a case.

3. The interpretation of the case by the actual adjudicators

In the court's case filing and trial process, the trial court and trial approach are determined based on the case type: contract disputes focus on effectiveness, performance, and breach of contract; company disputes emphasize the provisions of the articles of association and decision-making procedures; infringement disputes focus on fault, causality, and damage consequences. In practice, the most common pitfalls that parties fall into include: first, a confused basis for the claim and a disconnect between the case type and the claim, leaving them in a dilemma after being clarified and modified; second, omitting the review of the statute of limitations. Once the three-year statute of limitations has passed and the other party raises a defense, the plaintiff will lose the right to obtain a favorable judgment; third, mixing multiple legal relationships into a single case claim, which may result in the court requiring the case to be handled separately, delaying the progress of the case.

II. Practical Experience of Henglue Law Firm

Based on the practical observations of Henglue's civil and commercial team, the key points of handling different types of cases vary significantly: For contract disputes, the core is the evidence chain of the validity and breach of contract facts, and the success or failure of the case depends on written contracts, account reconciliation confirmations, and records of reminders; For corporate disputes such as equity transfer and counter-purchase, in addition to contract texts, it is also necessary to examine company resolutions, industrial and commercial registrations, and investment certificates; For creditor-debtor cases, the focus is on investigating property clues and seizing preservation opportunities; For construction disputes, it relies on cost appraisals and visa materials. Judges generally tend to favor the party with clear legal basis and complete evidence chain in the trial. The most common mistakes made by corporate litigants include: First, mixing several layers of legal relationships into one case claim, which results in being required to file separate cases and delaying the progress; Second, only listing contract counterparties and omitting guarantors or shareholders of one-person companies, thus narrowing the scope of liability; Third, winning the lawsuit but not applying for enforcement, making the judgment a worthless piece of paper. It is recommended that civil and commercial cases proceed in four steps: "identification—evidence collection—procedure—enforcement", with lawyers supervising each step. For cross-field disputes, reference can be made to the above-mentioned four steps.Creditor's Rights and Debtor's Obligations｜Enforcement Case Services、Real estate transactions｜Construction project servicesAndDivorce Litigation | Family Dispute Services.

III. Frequently Asked Questions

Q1: What is the difference between civil and commercial litigation and criminal litigation?

Civil and commercial litigation resolves property and personal disputes between equal parties, such as contract disputes, infringement disputes, marital disputes, and inheritance disputes, with the standard of proof being a high degree of plausibility. Generally, "the party who makes the claim bears the burden of proof", and the liability is mostly financial in nature. Criminal litigation addresses crimes and punishments, with the prosecution authority bearing the burden of proof. The standard of proof is beyond a reasonable doubt, and the liability involves imprisonment and fines. The same fact may involve both civil and criminal litigation, such as contract fraud, which involves both criminal prosecution and civil restitution and compensation. Whether to proceed with criminal litigation first or civil litigation first, or to conduct parallel civil and criminal litigation, requires lawyers to make overall arrangements to avoid procedural delays.

Q2: Which disputes fall under commercial litigation and which fall under civil litigation?

Traditionally, disputes arising from profit-making activities between commercial entities are referred to as commercial cases, such as sales contracts, loan contracts, equity transfers, company resolutions, insurance, and bill disputes; while general property and personal disputes between equal parties are referred to as civil cases, such as private lending, marital and family matters, inheritance, neighborly relations, and personal injury compensation. The classification mainly affects the court's trial and adjudication approach. For parties involved, it is more crucial to choose the appropriate case type and basis of claim, and then organize evidence and determine jurisdiction accordingly.

Q3: How can I determine which legal category my case should fall under?

First, clarify the core demands: whether it's seeking money, goods, terminating the contract, or compensating for losses. Then, sort out the legal relationships: whether the relationship with the other party is a contract, unjust enrichment, or infringement. Finally, compare the constitutive elements with the availability of evidence. The same fact often has multiple legal paths. For example, if you don't receive payment after supplying goods, you can claim the purchase price and breach of contract damages according to the sales contract. In certain circumstances, you can also claim unjust enrichment. It is recommended to have a lawyer prepare a litigation plan, compare the chances of success, costs, and timeframes of each path, and then file a lawsuit to avoid changing strategies midway through the litigation process.

Q4: How long does a civil and commercial lawsuit typically take?

For cases subject to simplified procedures, the trial shall be concluded within three months; for ordinary procedures, it shall be concluded within six months, which may be extended in accordance with the law; for small claims litigation, it is a one-instance final judgment with a shorter timeframe. If the other party appeals, the second-instance trial shall generally be concluded within three months. Adding the stages of case filing, service, appraisal, and preservation, the first-instance trial usually takes three to eight months from filing the complaint to issuing the judgment, not including the enforcement procedures. The use of tools such as mediation, payment orders, and judicial confirmation can significantly shorten the timeframe. The complexity of the case and the other party's cooperation are the most significant variables affecting the duration of the case.

Q5: What materials do civil and commercial litigation lawyers need to prepare?

Main materials: identity information, business license, and legal representative's identity certificate; Evidence materials: contracts and attachments, performance certificates, payment records, correspondence and chat logs, and reminder letters; Asset clues: the other party's bank accounts, real estate, and vehicle information, which are helpful for preservation and enforcement. The materials should be organized chronologically into a booklet, and the lawyer will assist in completing the complaint and evidence list. The more complete the materials are, the faster the case will be registered and pre-trial preparations will be completed, and the stronger the bargaining power will be in mediation and settlement. If necessary, the lawyer will guide in supplementary evidence collection.

IV. Suggestions for Protecting Rights

  • First determine the legal basis and then proceed: Ask a lawyer to compare the paths of breach of contract and infringement, and choose the appropriate basis for the claim to avoid being required to modify or delay the progress after filing the case.
  • The three-year statute of limitations is the bottom line: from the date when you become aware that your rights have been infringed, you can interrupt the process of urging, suing, and confirming the account through various means, and you must keep all the relevant evidence throughout the entire process.
  • The defendant should not miss any relevant information: the contractual counterpart, the guarantor, and the sole shareholder of the company should all be verified. If the responsible parties are listed incorrectly or omitted, the lawsuit will be futile.
  • Plan security and execution in synchronization: Identify the other party's property clues before filing a lawsuit, and apply for execution as soon as possible after winning the case to prevent the judgment from being rendered in vain.
  • For complex disputes across different fields, professional teams are matched based on the nature of the case. Cases involving marital and family matters, as well as inheritance disputes, can be referred to for referenceDivorce Litigation｜Family Dispute Services.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Business and commercial legal services·Beijing Henglue Law Firm