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Recently, a construction project contract dispute case successfully overturned at the third-level review process—handled by Xu Rui, partner at StarLaw Firm—was featured in Weikoo’s “Leading Case Headlines” case library, thanks to the firm’s groundbreaking legal strategy and outstanding results. This achievement once again highlights StarLaw’s formidable expertise and significant influence in handling complex legal matters.



Wolters Kluwer's "Leading Cases Headlines" case database stands as a premier platform in the legal field, deeply focusing on landmark, high-stakes cases and strategic projects handled by law firms. By comprehensively showcasing the core legal disputes, innovative strategies, and groundbreaking court decisions of these cases, the platform vividly highlights the exceptional expertise and industry leadership of legal teams in tackling complex legal challenges. Each case featured in the database serves as a powerful, industry-influential example of best practices—offering corporate clients highly practical insights into dispute resolution and compliance management. Moreover, by centrally presenting authoritative legal outcomes, the platform empowers businesses to make informed, rational choices when seeking legal services, drawing directly from real-world success stories and expert-driven data tailored to their specific needs.

The case handled by attorney Xu Rui has been selected, which undoubtedly reflects a high level of recognition for both the legal value and societal significance of the case.



Case Summary:


The plaintiff in this case, Wang, was the actual contractor for the construction project in question. Tonghua Real Estate Company served as the project owner, while Changchun Construction Engineering Company was the contractor responsible for executing the work. After the project was completed, the owner and contractor proceeded with the project settlement without notifying the actual contractor. Dissatisfied with the settlement amount, Wang filed a lawsuit in court, citing a dispute over the construction contract and naming both the owner and the contractor as co-defendants. Despite multiple rounds of litigation—including the first trial, second appeal, retrial application, and even a request for prosecutorial oversight—Wang ultimately lost each time, leaving no apparent avenue for further legal redress.


After attorney Xu Rui took over the case, she quickly analyzed its core issues, focusing specifically on the expert report. She argued that only by sending the case back for retrial and ordering a new expert assessment could the exact amount of the project payment finally be determined. Despite facing challenges—such as the prosecution's rejection of her supervisory appeal and the exhaustion of conventional legal remedies—Attorney Xu leveraged her deep understanding of the court’s internal mechanism for reviewing case quality. Through this insight, she identified a critical procedural flaw: a key piece of evidence had never been properly examined during either the first or second trials. According to relevant legal provisions, this situation qualifies as a scenario where "the primary evidence upon which the original judgment or ruling was based was not subject to cross-examination," thus warranting a retrial.

Lawyer Xu Rui thoroughly brought this issue to the attention of the Supervision Department at the Tonghua Intermediate People's Court during the second-instance review. After more than a year of persistent communication, the Tonghua Intermediate Court decided to activate its internal three-level evaluation mechanism to examine the case. The evaluation confirmed that procedural flaws indeed existed and that the original judgment was flawed—thus requiring correction through proper legal procedures. On July 14, 2022, the Tonghua Intermediate Court ruled, based on relevant legal provisions, to rehear the case within the same court. Then, on July 26, the court overturned the original judgment and ordered the case to be sent back to the primary court for a fresh trial. Finally, on February 23, 2023, the primary court issued a new ruling fully supporting all of Wang’s claims. On July 13, the second-instance court delivered its final, binding verdict, dismissing the appeal filed by the project contractor and upholding the original judgment. Thus, after five long years of relentless pursuit of justice, the client, Mr. Wang, has finally secured a fair and legally enforceable ruling.


Attorney Xu Rui successfully leveraged the three-tier review mechanism this time to help her client overturn an unfavorable ruling, providing invaluable practical experience for the legal community. Despite the initial failures in both the retrial and trial supervision procedures, the case itself still held the potential for redress. Although the three-tier review mechanism is an internal court process—and given that policies and standards vary across regions—neither the parties involved nor their legal representatives fully understood its role or applicable rules, Attorney Xu Rui nonetheless demonstrated remarkable insight and profound legal expertise, enabling her to navigate this complex path toward justice. This case also serves as a crucial reminder to legal professionals: when confronted with intricate cases, it’s essential to thoroughly familiarize yourself with internal court mechanisms and proactively explore innovative solutions to safeguard your clients' rights to the fullest extent. Meanwhile, for corporate clients facing significant legal challenges, this case offers fresh perspectives and valuable lessons, empowering businesses to make more informed, strategic decisions in managing legal risks and resolving disputes effectively.


Lawyer Profile

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Xu Rui

Beijing Xinglai Law Firm

Partner

Master of Laws from Wuhan University. Specializes in legal services for commercial disputes, corporate affairs, and major criminal defense cases, as well as corporate compliance. Has accumulated extensive practical experience in areas such as commercial litigation, criminal defense, corporate disputes, and financial conflicts. Notably, has successfully helped clients recover significant losses through retrial procedures and third-level review processes on multiple occasions.


Business areas:

Major commercial disputes, criminal defense, and corporate affairs. We specialize in providing clients with expert civil and commercial legal services, corporate legal services, and criminal legal assistance in complex and challenging cases, having accumulated extensive practical experience in areas such as commercial disputes, corporate conflicts, and criminal defense.



Beijing Headquarters Address: No. 8 Jianguomen North Avenue, Dongcheng District, Beijing 17th Floor, East Wing, China Resources Building



Wuhan Branch Office Address: Room 1001, 10th Floor, Huangpu International Center, Jiang'an District, Wuhan City, Hubei Province




Edited and Layouted by: Wang Xin

Review: Management Committee


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