[Direct answer]In the Beijing area, based on Article 3 of the Civil Procedure Law of the People's Republic of China, civil and commercial cases refer to disputes arising from property and personal relations between equal subjects, covering contract types (sales, loans, leases, construction projects, services, etc.), property rights and guarantees, companies and securities, insurance and bills, intellectual property and competition, tort liability, marriage and family inheritance, labor disputes and personnel disputes, maritime and commercial cases, as well as non-litigation cases applying special procedures. The "Regulations on Case Categories of Civil Cases" of the Supreme People's Court (amended on December 29, 2020 and implemented on January 1, 2021) arranges case categories according to the above categories. Determining the case category at the time of filing directly relates to the jurisdiction of the court, the direction of evidence collection, and the assumption of responsibility.

I. Problem Background and Typical Scenarios

When a party receives a contract, a promissory note, or a resolution of the shareholders' meeting, the first question they often ask is "What's the deal with this? Which court should I go to? How much do I need to pay?" Civil and commercial cases cover a wide range of issues, from online shopping returns, housing leases, and unpaid loans to equity repurchases, bill collection, and non-compete disputes, all falling within this category. Different types of cases involve different jurisdictional courts, litigation fee standards, burden of proof distribution, and even whether an arbitration procedure is necessary first. When corporate legal departments are sorting out their annual dispute records, they also need to classify the cases by subject matter to see where the risks are concentrated in the procurement, sales, or investment and financing stages. The specific classification criteria can be referred to for reference.Business and contract disputes in enterprisesColumn.

II. Key points of contention

First, the boundaries between civil and commercial cases and criminal and administrative cases. The same financial transaction may be regarded as a private loan or be deemed fraudulent; the same administrative punishment decision may also trigger subsequent disputes over civil compensation. Second, the concurrence of rights of claim. When breach of contract and infringement coexist, the choice of legal path directly affects jurisdiction, compensation scope, and statute of limitations. For example, product quality issues can be claimed under the sales contract or under the infringement liability. Third, the linkage between case types and jurisdiction. Contract-related disputes can usually be filed in the defendant's domicile or the place of contract performance, while real estate and corporate organization-related disputes have special jurisdiction rules. Construction projects and real estate disputes are particularly typical, which can be referred to for reference.Real estate transactions and construction projects1. The contractual relationship between the parties should be clear, and the rights and obligations of both parties should be clearly defined. 2. The contract should be fair and reasonable, and the terms and conditions should be reasonable and fair. 3. The contract should be specific and detailed, with clear provisions on the rights and obligations of both parties, as well as the responsibilities and liabilities for breach of contract. 4. The contract should be enforceable. If the parties have agreed on a valid arbitration clause, the court will generally not accept the case. Choosing the wrong procedure will result in double losses of time and money.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers' experience in the field of corporate commercial litigation is: first determine the case basis, then define the litigation path, and finally establish the evidence. In the practice of case filing and trial in Beijing courts, the case basis is determined by the court based on the legal relationship claimed by the parties. If the claim of the parties does not coincide with the court's determination, the parties will be advised to modify their claims. If they insist on not modifying their claims, they may face adverse consequences. Taking construction projects as an example, suing under a construction contract dispute or a contractor's contract dispute will result in different application of the scope of appraisal and the priority of payment for the project price. Taking equity disputes as an example, requesting the performance of an equity transfer agreement and requesting the confirmation of shareholder status require completely different defendant combinations and evidentiary directions. We usually conduct a "litigation path analysis" with our clients: first evaluate the likelihood of winning and the feasibility of enforcement under various claim bases, then determine the case basis and defendant combinations to avoid taking the wrong path from the outset. The three most common mistakes in practice are: confusing corporate debts with shareholders' personal debts; suing labor disputes directly as ordinary civil cases, ignoring the pre-arbitration procedures; and taking cases that could have been arbitrated to court, only to have the lawsuit dismissed in the end. Intellectual property and corporate litigation disputes often involve dual paths of ownership and infringement, which can be referred to for reference.Intellectual property protection and corporate lawMy experience.

IV. Practical suggestions and legal basis

The main legal basis includes the following: Article 3 of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) stipulates that the people's courts shall accept civil lawsuits initiated by citizens, legal persons, and other organizations, or among them, due to property and personal relations, and apply this law; the Supreme People's Court's "Regulations on the Categories of Civil Cases" (amended on December 29, 2020 and implemented on January 1, 2021) arranges the categories of civil disputes according to personal rights, marriage, family, inheritance, property rights, contracts, intellectual property and competition, labor and personnel, maritime and commercial, and disputes related to companies, securities, insurance, and bills, as well as tort liability, non-litigation and special procedures; Article 2 of the Arbitration Law of the People's Republic of China (adopted on August 31, 1994 and amended on September 1, 2017) stipulates that contract disputes and other property rights disputes between equal subjects may be arbitrated. Suggestions: First, clarify the basic legal relationship and determine whether it belongs to the civil and commercial category and whether a preliminary procedure is needed; Second, check the jurisdiction and arbitration clauses in the contract to avoid obstacles in filing a case; Third, organize the evidence list according to the basis of the claim; Fourth, for disputes involving companies, equity, and bills, simultaneously verify the subject's qualifications and registration information; Fifth, for cases with large amounts of subject matter, evaluate the feasibility of enforcement and preservation measures in advance, and refer to the recovery of monetary debts for reference.Creditor's rights and debts, and enforcementThe key points of the practical application of this concept.

5. Henglu Law Firm's Reminder

The determination of legal type may seem like a classification problem, but in essence, it's a strategic issue. For the same set of facts, choosing different legal grounds and rights of claim may lead to completely different evidentiary burdens and enforcement prospects. It's worth noting that the general statute of limitations is typically three years, calculated from the date when the right holder knows or should have known that their rights have been infringed and the obligee's identity. Delay and hesitation often directly result in the risk of losing the case. According to Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes (adopted on December 29, 2007 and implemented on May 1, 2008), the statute of limitations for applying for arbitration of labor disputes is one year, so it's essential to take action as soon as possible. For special types such as real estate, company organizations, and bills, the jurisdiction rules are relatively complex, so it's recommended to conduct a professional evaluation before filing a case. When the dispute also involves criminal clues, the order of handling and the timing of reporting the case are particularly crucial, and you can refer to the relevant provisions for guidance.Criminal defense and criminal case filingThe experience of others; for labor and personnel disputes, you can refer to it for referenceLabor arbitration and work-related injury compensationColumn.Beijing Henglu Law FirmSuggestion: First establish a framework, then proceed with the work. Don't let procedural errors erode your substantive rights.

VI. Frequently Asked Questions

Q1: Can my dispute be registered as a civil and commercial case?

As long as the dispute occurs between equal parties and involves property or personal relationships, it is generally permissible. If it involves administrative acts, it should be handled through administrative litigation; if it involves criminal clues, it may be transferred to criminal proceedings; when two legal relationships coexist, it is necessary to first determine the main path and then decide on the basis for filing a case.

Q2: What evidence materials do I need to prepare for filing a case?

The main qualification materials, basic contracts and supplementary agreements, performance certificates (transfers, receipt and dispatch of goods, acceptance, reconciliation), communication records, basis for calculating losses, and materials for the delivery address. For large amounts, it is recommended to prepare property clues simultaneously, in preparation for preservation and subsequent enforcement.

Q3: What are the approximate costs of civil and commercial litigation?

The litigation fees are calculated according to the amount of the subject matter of the dispute and are prepaid by the plaintiff in advance. After the judgment, the losing party usually bears the corresponding portion; fees related to appraisal, evaluation, and preservation are calculated according to the actual costs incurred; attorney's fees are generally calculated based on the proportion of the subject matter or negotiated in stages, and arbitration fees are implemented according to the charging standards of the arbitration institution.

Q4: How long does it usually take to handle a case?

Cases handled under the simplified procedure are generally concluded within three months, while those under the ordinary procedure usually take six months. Cases involving appraisal, evaluation, or public service notifications may take longer accordingly. The second-instance trial typically lasts about three months. Combined with the enforcement stage, the overall duration needs to be estimated separately according to the type of case.

Q5: What should I do first?

First, determine the basic legal relationship and the subject of liability, then check whether the jurisdiction and arbitration clauses are valid, and match the evidence with the elements of the claim one by one. If the evidence chain is weak or the statute of limitations is approaching, we should first fix the evidence, issue a reminder, and consider preservation measures, before deciding whether to initiate litigation or arbitration.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.