Recently, Lawyer Wang Xiyu, Partner at Liaoning Tongfang Law Firm With the assistance of the procuratorate’s supervisory mechanism, the client successfully initiated a retrial procedure. Attorney Wang Xiyu, entrusted by Company A, is representing the company in the retrial dispute over the construction subcontracting contract involving Companies B and C. The case encountered numerous setbacks, including losing at the first instance in the intermediate court and again at the second instance in the high court, as well as having its application for retrial dismissed by the Supreme People’s Court. Ultimately, thanks to Attorney Wang Xiyu’s diligent efforts, the Liaoning Provincial People’s Procuratorate submitted a prosecutorial recommendation for retrial, prompting the Liaoning Provincial Higher People’s Court to initiate the retrial procedure in accordance with the law.

Company A and Companies B and C became embroiled in a dispute over the performance of a subcontracting agreement for a construction project and filed a lawsuit with the Shenyang Intermediate People's Court in November 2019. During both the first-instance and second-instance proceedings, the court did not accept Company A’s key defense—that “the amount paid on behalf of others for materials should be deducted from the total project payment.” As a result, the final judgment left Company A in a predicament of double payment: after paying the material suppliers, it still had to make repeated payments to Company B for the same project costs.

In December 2021, with the assistance of attorney Wang Xiyu, Company A filed a request for retrial with the Supreme People's Court. However, the request was again dismissed on the grounds that “the existing evidence is insufficient to overturn the original trial’s findings,” leaving the case at an impasse in the procedural relief process.

After accepting the mandate, lawyer Wang Xiyu, a partner at Tongfang Law Firm, was undeterred by the failure in the proceedings before the three-level courts. Instead, he took the following professional steps to turn the case around:

Just as the case hit an impasse, the epidemic prevention and control situation became particularly severe, creating numerous difficulties in communication and case handling. Despite these challenges, Attorney Wang Xiyu continued to actively assist Company A in filing a request for supervision with the People’s Procuratorate of Liaoning Province, seeking legal support and justice at the supervisory level. In February 2022, after reviewing the case, the People’s Procuratorate of Liaoning Province issued a “Notice of Acceptance of Civil Supervision Case,” clearly stating that the case met the acceptance criteria and paving the way for the smooth advancement of subsequent supervisory procedures.

During the pandemic, lawyer Wang Xiyu worked closely with the prosecutors to overcome challenges such as difficulties in conducting face-to-face communication and increased complexity in verifying case details. He conducted a comprehensive and meticulous review of the factual circumstances of the case, the chain of evidence, and the shortcomings in the original trial judgment. Thanks to his relentless efforts, in March 2023, the prosecutor finally issued a “Prosecutorial Recommendation for Retrial,” formally submitting a retrial recommendation to the Liaoning Provincial Higher People’s Court, thus bringing about a turning point in correcting the errors in the case.

After receiving the re-trial prosecution recommendation, the Liaoning Provincial Higher People’s Court re-examined the case. Ultimately, following a review by the Judicial Committee upon submission by the President of the Liaoning Provincial Higher People’s Court, it was determined that the original judgment indeed contained errors and should be subject to re-trial. In October 2025, the Liaoning Provincial Higher People’s Court issued its final ruling. The court rules: “This case shall be retried by this court; execution of the original judgment shall be suspended during the retrial period.”

Civil Ruling of the Liaoning Provincial Higher People's Court

This ruling means that, thanks to the professional and persistent representation provided by Tongfang Lawyers and the active fulfillment of its supervisory duties by the People's Procuratorate of Liaoning Province, Company A’s legitimate rights and interests have finally reached a critical turning point for rectification, marking a substantive step forward in correcting the wrongful conviction.

The advancement of this case not only reflects the professional dedication of lawyers from Liaoning Tongfang Law Firm, who firmly uphold the principle of “taking facts as the basis and law as the standard” and wholeheartedly fight for their clients’ rights and interests, but also highlights the spirit of responsibility demonstrated by judicial authorities during the pandemic—overcoming difficulties, staying true to their duties, and performing their functions efficiently. In the future, Liaoning Tongfang Law Firm will continue to leverage its professional legal expertise to safeguard the legitimate rights and interests of enterprises and contribute to building a fair and just business environment governed by the rule of law.

Photos and text | Wang Xiyu

Typesetting | Liu Xinrui

Review | Lang Xiyuan, Yang Dawei