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To
enhance the role of commercial circuit trials in supporting grassroots
governance, better serve the development of regional industries, and optimize a
law-based business environment, Jiading Court has officially launched the
"Jiading Action for Commercial Balance • One Park, One Circuit"
Circuit Trial Month series. This initiative integrates "circuit trials +
targeted legal education," extending judicial services to the frontlines
of industrial parks and establishing a governance framework of "hearing one
case, educating one group, and standardizing one industry."
Recently,
Judge Zhao Yuci of Jiading Court's Commercial Division conducted a circuit
trial at the Beihongqiao Circuit Trial (Mediation) Workstation for a sales
contract dispute involving the statute of limitations. Dai Ruifeng, Deputy to
the Jiading District People's Congress, Gu Yiwen of the Jiangqiao Town People's
Congress Office, Gu Zhengyan, Enterprise Representative and Vice President of
the Jiading District General Chamber of Commerce, Wang Qiang, Committee Member
of the Jiang'an Community Residents' Committee, as well as staff members from
neighborhood centers and communities in Nanxiang and several enterprise
representatives attended the hearing.
At
9:30 a.m., the gavel sounded, and the hearing officially commenced. On March 5,
2016, the plaintiff and the defendant executed a Sanitary Ware Faucet Sales
Contract, under which the defendant agreed to purchase a batch of sanitary
ware faucets from the plaintiff. The plaintiff fulfilled all supply obligations
as agreed in the contract. After settlement, the defendant paid 95% of the
purchase price, leaving the remaining 5% as a quality assurance payment.
Thereafter, the defendant never paid the quality assurance payment. During the
litigation, the defendant acknowledged the outstanding amount but raised a
defense on the ground of "exceeding the statute of limitations."
Judge
Zhao Yuci organized the court investigation and arguments in an orderly manner
around the disputed issues concerning the performance of the contractual
obligations, the agreed contents of the quality assurance payment, and whether
the statute of limitations had been interrupted. The hearing proceeded in a
standardized and orderly fashion, with clearly defined points of contention,
providing the attendees with a clear outline of the core analytical approach to
commercial contract disputes. Focusing closely on the two major disputed issues
of "handling situations where contractual terms are unclear" and
"whether the statute of limitations was interrupted," the court
conducted an investigation by examining evidence such as the execution of the
contract between the parties and their WeChat message records, and openly
disclosed its preliminary views on legal application while organizing court
arguments.
After
the hearing concluded, Judge Zhao Yuci, drawing on this case and common legal
issues related to the statute of limitations, delivered an accessible and
in-depth legal education session entitled "The Rights and Wrongs of the
Statute of Limitations" for the attendees.
She
first provided a detailed legal interpretation based on the legal issues
involved in the case, focusing primarily on the starting point of the
limitation period, the assertion of rights for claims under contracts with
unclear terms, and the protection period of the limitation period. At the same
time, she explained the basic legal knowledge concerning the statute of
limitations relating to the disputed issues raised by the parties in the case,
dissected the matter thoroughly, and analyzed practical details regarding the
collection of outstanding payments.
With
respect to issues concerning the statute of limitations commonly encountered in
commercial cases, Judge Zhao Yuci provided a step-by-step explanation of
various legal provisions that are familiar to the general public yet may not be
known to creditors and offered three "must do" recommendations for
enterprises in the collection and management of accounts receivable, thereby
indicating the legal avenues for enterprises to pursue remedies for outstanding
payments.
Activity
Commentary
Dai
Ruifeng, Representative of the Jiading District People's Congress
This
circuit trial and legal education activity addressed the pulse of the economy
and provided timely assistance to enterprises facing difficulties with payment
cycles. Although the statute of limitations is a very simple legal issue, many
details resemble the story of blind men feeling the elephant for those without
legal training, leaving them unaware of the full picture. Through this hearing,
as well as the post-hearing case explanation and legal education session, Judge
Zhao enabled the attendees to gain a comprehensive understanding of the statute
of limitations in an accessible and understandable manner, and to become more
compliant and effective in the future practice of recovering accounts
receivable.
Gu
Yiwen, from the People's Congress Office of Jiangqiao Town
This
circuit trial and legal education activity was like a "timely
rainfall," providing precise support to enterprises currently experiencing
difficulties with payment cycles. Using "the statute of limitations"
as the point of entry, the concept itself is fundamental, yet its details often
remain a blind spot for enterprise personnel, and certain aspects may be
overlooked in practice. Fortunately, through vivid examples from the hearing
and a thorough analysis of legal principles, Judge Zhao dispelled confusion and
enabled us to gain clear understanding, which holds important instructive value
for enterprises in collecting outstanding payments and managing existing credit
claims.
>> Chinese Version
