The third difficult case seminar and experience sharing session of Gaopeng Difficult Case Research Center was successfully held

2025 05/12

On the afternoon of May 9, 2025, the "Gaopeng Difficult Case Research Center" successfully held the third difficult case seminar and experience sharing meeting. This meeting focuses on a complex commercial dispute case, which involves multiple equity and debt transfers as well as asset transfers, involving multiple parties and complex legal relationships. It is highly representative and challenging.



On site seminar

1、 Background and core issues of the case

The case discussed this time has gone through the retrial first instance, retrial second instance, retrial and prosecutorial supervision procedures, and the relief channels are nearing completion. The meeting focused on core topics such as procedural remedies, the origin and transfer of creditor's rights and debts, the difference between equity transfer and asset transfer, the possibility of third-party revocation lawsuits, tax issues, and the rationality of the second instance judgment logic.

2、 Discussion process and collision of viewpoints

(1) Opening of the meeting and case analysis

Firstly, Lawyer Guo Jinhui, Senior Partner of Gaopeng Law Firm, initiator of Gaopeng Difficult Case Research Center, and member of Gaopeng Development Committee, delivered a speech as the moderator. Lawyer Guo Jinhui first welcomed the colleagues and friends who actively participated in this sharing session and expressed gratitude for their support.



Lawyer Wei Zhijian

This case was introduced by Lawyer Wei Zhijian, Senior Partner of Gaopeng Law Firm and member of Gaopeng Development Committee, and multiple lawyers participated in the discussion. Lawyer Wei Zhijian first conducted a comprehensive review of the case, providing a detailed introduction to the facts from dimensions such as timeline and legal relationships. He also shared his preliminary insights and ideas on the case, laying the foundation for subsequent discussions.

(2) Collision of viewpoints among lawyers

After Lawyer Wei Zhijian's introduction of the case, the meeting entered a free discussion session, and the participants engaged in lively discussions around the case.




Lawyer Guo Jinhui

Lawyer Guo Jinhui pointed out that although the facts and legal relationships in this case are relatively complex, the key is to focus on the basic legal relationships, namely whether the original creditor has a claim against the debtor and whether the new creditor has a claim against the original creditor. He believes that although there is legal controversy in this case, in order to overturn the original judgment, strong new evidence or a new legal perspective must be found.




Lawyer Zhang Liqiong

Lawyer Zhang Liqiong proposed the idea of a third-party revocation lawsuit. He believes that if there are circumstances in the case that harm the interests of other creditors, they can file a third-party revocation lawsuit to safeguard their legitimate rights and interests. At the same time, Lawyer Zhang emphasized the importance of the audit report in the case and suggested further examination of the authenticity and accuracy of the audit report to clarify the transactions of shareholder loans.

Lawyer Wang Jing analyzed the legal nature of the transactions in the case from the perspective of equity and asset transfer. She pointed out that what appears to be an equity transfer transaction on the surface may actually be an asset transfer, which blurs the legal relationship and rights and obligations between the parties involved in the case. Lawyer Wang Jing suggests that a thorough investigation should be conducted into the true intentions of all parties involved in the transaction and the substantive content of the transaction, in order to clarify the rights and obligations of each party. She emphasized that understanding the true nature of the transaction is crucial for resolving legal disputes.

Lawyer Yang Honghua, Lawyer Jia Mengmeng, Lawyer Feng Chengcheng, Lawyer Fu Xuewei, Lawyer Han Bing, Lawyer Zhang Mengru and other lawyers actively participated in the discussion, combining their rich practical experience to discuss and propose suggestions from the perspectives of tax, procuratorial supervision and review procedures and relief channels.

3、 Experience sharing and inspiration

During the seminar, the lawyers also shared their experiences and insights in handling difficult cases. Lawyer Wei Zhijian, based on his years of trial experience, proposed a systematic approach and method for sorting out complex and difficult cases. He pointed out that lawyers should have keen insight and systematic thinking ability when handling such cases, and conduct comprehensive analysis and judgment from multiple aspects such as the facts, evidence, and legal application of the case.

When sorting out cases, he suggested first sorting out the facts of the case according to the timeline and clarifying the ins and outs of the case; Further clarify the rights and obligations of each party based on the legal relationships between different entities. At the same time, when analyzing a case, attention should be paid to details and focus on every key point that may affect the outcome of the case.

4、 Conference outcomes and prospects

This seminar, through in-depth discussions and exchanges of viewpoints, proposed various possible solutions and ideas, and also accumulated valuable experience for lawyers to handle similar difficult cases.

For young lawyers participating in the seminar, this conference is not only a case study, but also a rare opportunity for learning and growth. Young lawyers have improved their professional skills and case handling abilities through communication and learning from senior lawyers; Senior lawyers further consolidate their professional knowledge and practical abilities by sharing experiences and insights.

In the future, the Gaopeng Difficult Case Research Center will continue to hold such seminars and activities, providing lawyers with a professional platform for resource sharing, mutual assistance, and extensive communication. The center will be committed to gathering the professional experience of different senior lawyers, jointly exploring and solving complex and thorny legal issues, helping lawyers at different stages of Gaopeng to continuously grow, and providing clients with better and more efficient legal services.



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