This case is a complex subrogation dispute involving a large number of subjects, factual disputes and legal issues. Plaintiff A, as a creditor, sued three defendants, including B1, B2 and B3, and a third party, C (the debtor), and in the course of the litigation, the court added a number of third parties ex officio. Appointed by the three defendants, Xu Ying, Zhang Kai lawyer as agent. After accepting the commission, the two lawyers from the litigation request, facts, evidence, legal relationship, argument and other aspects of the detailed study of the case, the formation of multi-layer defense agency program, and according to the litigation situation flexible adjustment strategy. In the end, the court ruled to reject the plaintiff's request for the three defendants to return the purchase price of 133 million yuan and the liquidated damages of more than 0.7 billion yuan, effectively accomplishing the goal of representation. The professionalism and effectiveness of Xu and Zhang were highly recognized and praised by the three clients.

A complex civil and commercial dispute case:

 many subjects + complex legal relationship + wide range of legal controversy

 litigation subjects: the plaintiff, three defendants, seven third party.

Complex legal relationship: mainly subrogation legal relationship; creditor-debtor relationship between the subrogator and the debtor; creditor-debtor relationship between the debtor and the counterparty (sub-debtor); agency relationship; entrustment relationship between the hidden shareholders and the prominent shareholders.

Wide range of legal issues: mainly including the conditions for the establishment of subrogation; the necessity of subrogation, and the allocation of the burden of proof; the interpretation of the object of subrogation and whether it can be expanded to the right of discharge; the determination of the validity of the contract; the conditions for the establishment of the agency; the agent's right of discharge; the procedures and methods of exercising the right of discharge of the contract; the determination of the eligibility of shareholders of the private enterprises in the form of the nationally-owned enterprises; and the eligibility and validity of the substantial shareholders' transfer of the transfer of the equity interests; Problems of using evidential materials of criminal cases in civil litigation; impact of criminal cases on the statute of limitations of civil cases; application of the Civil Code to a number of facts in this case, etc.

Litigation preparation:

 grasp the subrogation case characteristics, eat through the case, the formation of a two-tier defense litigation agency program

 regardless of what civil disputes, in order to obtain good agency results, the first thing is to study the case in-depth, on the basis of comprehensive facts and evidence, to find as much as possible points of contention, problematic points, which may be the strengths and weaknesses of the points, don't worry about it, first to find out, and prepare in advance to cope with the program. Compared with the criminal case, a major difference in civil cases is that the legal relationship is flexible, this legal relationship does not work, it may be ingested in another legal relationship, then the lawyer's response to be different.

This case is characterized by the facts involved in a long time and complex, legal disputes. After accepting the commission, the agent of the plaintiff's complaint, the facts and evidence of detailed analysis, the formation of the dispute on the basic facts of the preliminary understanding. The first step, the agent and the three clients many times face to face communication, detailed understanding of all aspects of the case at the time. During the period, the agent traveled thousands of miles away, to a prison inmate to take evidence. Through the positive and negative aspects of the situation to provide combing, the core facts of the case - sub-debt related facts have a comprehensive understanding. The second step, on the basis of the first step, the agent of the facts of the favorable points, unfavorable points, repeated combing, as far as possible to exhaust the problems, especially the pre-determination of the controversial issues. As in scientific research, in litigation cases, the questions are often more important and more difficult to find than the answers. In order to avoid visual blindness, the agent team of multiple lawyers and trainee lawyers, each independent exploration, and then the discovery of the problem summary comparison, repeated excavation, until the discovery of no new problems. The third step, on the basis of the first two steps, the problem with the legal norms, and constantly back and forth between the facts and the law, and ultimately form a comprehensive agency program. Agency program has its own attributes, this case on behalf of the defendant, the agency program to defend the main, supplemented by offense, in short, face defense, point attack.

Trial stage:

 lasted one year, three sessions, from two levels of litigation, and ultimately realize the goal of the agency

 (a)

 the case is highly valued by the court, seize every opportunity to trial, capture the focus of the court's attention to the court

 has said that this case as an innovative model case for processing. The case was heard three times, which is relatively rare in civil cases. After the first hearing, the court added a number of third parties ex officio, which shows the importance attached to the trial of this case. The agent realized that this complex case would be fiercely exchanged. Before each trial, the agent has rehearsed in advance, from the plaintiff, the defendant, the court of the three roles into the facts, reasons, and do all the preparatory work. In litigation, there may be many points of contention in the courtroom, but there will be core points of contention, and capturing these points of contention will be of great benefit to the agent. In this case, the agent captured the court on the object of subrogation, the necessity of the issue is very concerned; the second session, the agent captured on the sub-debt to determine the reason is very concerned. Agent for these priorities, the litigation program in a timely manner to strengthen, seize every opportunity to repeat the focus of the court hearing.

(B)

 to subrogation is established as the center of gravity, from the law - official interpretation - jurisprudence - case tamping argument, solid establish the first defense wall

 subrogation litigation is around two layers of the basic legal relationship, the first layer is the establishment of subrogation, which is based on the provisions of the law; the second layer is the establishment of subrogation after the establishment of secondary debt, which is based on contractual relationship. Litigation defense strategy, first the first layer, then the second layer. But here the focus is different, the focus may be the first layer, may also be in the second layer, may also be both layers, vary from case to case.

In this case, the agent focused on whether the first layer of subrogation was established. In the first session of the argument for subrogation is not established, especially when it comes to the issue of necessity and object, the panel listened especially carefully, let the agent to say the basis in detail, and there is interaction. The agent is concerned about the panel attaches great importance to the establishment of subrogation rights, subsequent hearings, the agent of subrogation rights of necessity and object of the issue as a focus of elaboration. From the court's main reason for refusal, the agent's judgment is successful, the reason for refusal and the agent's opinion is basically the same.

(C)

 around the substantive conditions for the establishment of subordinate debt, elaborating on the court's trial boundaries, completing the second defense

 This level of defense revolves around the second level of the basic legal relationship of subrogation rights, that is, the creditor-liability relationship under the subordinate debt. In a subrogation dispute, there is no direct contractual relationship between the subrogator and the counterparty, and the subrogator's purpose is to hold the counterparty (the sub-debtor) liable for payment of the debt. The trial of the sub-debt can be described as a trial on the merits, which will determine the subrogable claim and the amount. In this case, the agent's defense revolved around the substantive elements of whether the subrogated debt existed, whether it could be determined, and whether it could be tried. At the same time, in the case of the direct parties to the contract are not present in court, timely adjustment of litigation strategy, and ultimately adopted by the court.

Lawyer summary

1 subrogation disputes, subrogation is very important, the establishment or not, is the core of the argument, once you can't take, the subsequent defense of the debt relationship is difficult to rise steeply.

2 subrogation is to solve the triangular debt design system, the current number of triangular debt more and more, the future subrogation disputes are likely to increase. And subrogation is a statutory system, subrogation rights can be unilaterally initiated subrogation lawsuit, sub-debtors are difficult to defend. If there is any good preparation, every debtor to leave traces in their own debt behavior, try to leave traces in accordance with the requirements of the law, fixed evidence, don't wait until the time of use.

3 subrogation disputes involve more legal relationships, at least three, the agency program must be comprehensive and detailed, triangular relationship is the most stable, but a line is missing, will probably bring the risk of losing the case.