How to cultivate litigation thinking through sharing

On the afternoon of May 30, 2025, Lawyer Yang Wuquan, relying on his rich practical experience and theoretical accumulation, brought a wonderful sharing on the theme of 'How to cultivate litigation thinking'. This lecture combines trial logic, practical cases, and learning methods to provide a systematic knowledge framework for law firm colleagues to enhance their litigation capabilities.

At the beginning of the sharing, Lawyer Yang started with common problems encountered by intern lawyers and pointed out the shortcomings of young lawyers in grasping the litigation subject, designing litigation requests, and legal analysis and discourse. Based on his practical experience in handling over 200 types of litigation cases (covering civil and commercial, labor disputes, administrative, criminal, and commercial arbitration fields) since 2020, he emphasized that cultivating litigation thinking requires a dual track approach of 'theory+practice'.

In addition, Lawyer Yang shared in detail the cultivation methods of litigation thinking, specifically:

1、 Grasping the Logic of Judges' Judgments: The Application of Learning Logical Syllogism

Main premise (legal provisions): Clearly define the scope of application of specific legal rules.

Minor premise (fact): Focusing on the construction of 'legal facts', emphasizing the restoration of case facts through evidence, party statements, etc.

Inference (Conclusion): It is pointed out that the accuracy of factual determination and legal application directly determines the judgment result, and any party's mistake will lead to a deviation in the conclusion.

2、 Penetrating the underlying logic of factual determination and legal application

1. In terms of factual determination, judges will reconstruct 'legal facts' through evidence review, party questioning, and other methods, rather than relying solely on objective facts. Lawyer Yang emphasized that lawyers need to build a complete factual chain with evidence as the core.

2. In terms of legal application, during the process of handling cases, there may be three situations: 'clear legal provisions', 'no direct legal basis', and 'uncertain concepts'. Intern lawyers need to learn to find the applicable laws and regulations for the case.

3. In terms of legal interpretation, when there is no clear provision in the law, it is necessary to use legal principles to create rules.

3、 Interest measurement: substantive justice beyond rules

Lawyer Yang introduced the theory of 'balancing interests' and pointed out that after investigating the facts, judges will compare the interests of the parties based on factors such as social environment, economic conditions, and values, and then seek legal basis. This thinking requires lawyers to balance legal and social effects in case handling, and enhance the overall perspective of case handling.

4、 Emphasizing both practice and learning: dual engines for enhancing abilities

Lawyer Yang emphasized the need to handle more cases and summarize more: accumulate experience through specific cases and refine dispute resolution strategies. In addition, it is necessary to read and learn more books, not only by delving into legal books, but also by expanding cross disciplinary knowledge and strengthening the reasoning ability and logical depth of legal documents.

After listening to Lawyer Yang Wuquan's sharing, every colleague felt that they had benefited greatly. Thank you very much for Lawyer Yang Wuquan's sharing today. We look forward to learning more useful knowledge through Denghu Classroom!