Yu Dawai

Attorney

Attorney Yu Dawei, the managing attorney of Beijing Henglu Law Firm, has been dedicated to the field of litigation for 16 years, handling cases in various fields including civil and commercial law, criminal law, and administrative law, and has handled nearly a thousand litigation cases. In the field of civil and commercial law, he has represented clients in cases such as infringement disputes, marital and family disputes, and construction disputes.

Yu Dawai

Attorney Yu Wei, the managing attorney of Beijing Hengluo Law Firm, has been dedicated to the litigation field for 16 years, handling nearly a thousand litigation cases across various fields including civil and commercial, criminal, and administrative law. In the civil and commercial litigation area, he has represented clients in disputes involving infringement, marital and family matters, construction projects and real estate, contracts, corporate law, and creditor's rights. In criminal litigation, he has served as a defense attorney for suspects/defendants and represented victims in self-prosecution and public prosecution cases. In administrative litigation, he has handled cases involving collective land expropriation, state-owned land housing expropriation, urban village transformation, enterprise factory demolition, shop demolition, homestead clearance, illegal demolition, and administrative compensation. Attorney Yu possesses solid legal theory and extensive practical experience. He is particularly adept at handling major, complex, and group-based cases, and skilled at formulating differentiated strategies for different legal fields and dispute types. He employs a two-pronged approach of "litigation + negotiation" to "promote negotiations through litigation" and achieve substantive dispute resolution.

Some typical cases:

The field of civil and commercial law

1. Infringement cases

Motor vehicle traffic accident liability dispute: In the case of the motor vehicle traffic accident liability dispute between L * and W * and Y Insurance Company, a mediation agreement was reached in court, and Y Insurance Company and W * compensated L *'s heirs more than 1.2 million yuan.

Medical liability disputes: In the case of M * v. B Hospital for medical liability disputes, the appraisal agency's final opinion was that B Hospital was at fault, and the fault had a causal relationship with M *'s damages, with a participation rate of the main cause. The court ruled that B Hospital should bear 80% of the compensation liability and compensate M * for various losses of more than 200,000 yuan.

Disputes over the right to life, the right to physical integrity, and the right to health: T* accidentally fell into a manhole neglected by the management of a certain activity center in the residential area and was injured. The court ruled that the activity center should bear 70% of the compensation liability and compensate T* for various losses totaling more than 690,000 yuan.

Dispute over the breach of safety guarantee obligations: Z * slipped and fell on the floor while dining at D Catering Company, and the court ruled that D Catering Company should bear 60% of the compensation liability and compensate Z * for various losses of more than 110,000 yuan.

Liability disputes involving service providers: L was injured after falling from a stage while disassembling it for A Exhibition Company. The court ruled that A Exhibition Company should bear 70% of the compensation liability, and the insurance company insured by A Exhibition Company compensated L for various losses totaling over 1.4 million yuan.

Online infringement liability: Y* and W* had a verbal dispute in a WeChat group, and both of them made insulting remarks against each other. The court ruled that both parties infringed the right of reputation, and ordered them to apologize to each other in writing and pay compensation for mental distress.

Property damage liability dispute: The house purchased by C from M Real Estate Company was damaged due to improper electrical leakage caused by Z Gas Company's construction, resulting in the death of a decoration worker from electric shock, and the house became a "haunted house". The court ruled that M Company and Z Gas Company should compensate C for the loss of the house value. Later, M Company reached a settlement with C and exchanged for a new house.

2. Marriage and family-related matters

Divorce dispute: P * accidentally discovered that his daughter was not his biological child, so he sued the court to request a divorce from his wife H *. After the court's mediation, the couple divorced, and the daughter was raised by H * alone. The property under P *'s name still belonged to him.

Alimony dispute: After L* and Q* got divorced, L* sued Q* in court because the alimony for their daughter was too low, demanding that Q* increase the alimony. The court ruled that Q* should pay an amount of alimony that increased from 1,000 yuan to 5,000 yuan per month.

Visitation rights dispute: After Z* and his wife D* agreed to divorce, D* prevented Z* from visiting their daughter, so Z* sued the court. After the court's mediation, Z* was allowed to visit his daughter at fixed times each month and during holidays and vacations.

After the divorce, the property dispute arose: After S and R divorced, S found that R had unilaterally sold the property purchased during their marriage and registered under S's name, so S sued R in court. The court ruled that R should pay S a house depreciation of more than 400,000 yuan.

Inheritance dispute: After W's parents passed away, two houses were forcibly occupied by W's younger brother, who refused to pay compensation to his sister. W sued the court, and the court ruled that W and his younger brother would each inherit one of the two houses.

Inheritance dispute: Z's mother suffered from severe Alzheimer's disease before her death. Six months before her death, she made a self-written will leaving her property to her younger brother's son. Z sued the court. After appraisal, it was found that the mother did not have full capacity for civil conduct when making the self-written will. The court ruled that the will was invalid, and the property involved in the case was jointly inherited by Z and his younger brother.

Division of family property disputes: After L*'s grandparents passed away, since his father had also died, he signed a division of family property agreement with his aunt and uncle to divide the inheritance equally, but the uncle refused to fulfill the agreement. L* sued the court, and the court ruled that L* and his aunt and uncle would jointly inherit the inheritance according to the division of family property agreement.

3. Construction projects and real estate-related fields

Construction contract disputes: Company Z carried out the weak current engineering construction for B Real Estate Company, but more than seven years after the project was completed, tens of millions of yuan in project funds were still unpaid. Therefore, Company Z sued B Real Estate Company in court, and the court ruled that B Real Estate Company should pay the remaining tens of millions of yuan in project funds.

Dispute over the subcontracting contract for construction projects: Z* subcontracted the formwork project from J Labor Company, but J Company has been delaying the payment of the remaining project funds of 450,000 yuan. Z* sued the court, and after mediation, J Company agreed to pay the remaining project funds.

House purchase and sale contract dispute: L's son borrowed money online, using L's house as collateral and went through notarization. However, after the loan expired, the lender could not be contacted. Later, it was found that L's house had been sold to a third party by the lender at a price far below the market price. L sued the court. The court ruled to revoke the house purchase and sale contract signed by the lender and the third party.

Housing lease contract dispute: D Catering Company signed a housing lease contract with T Real Estate Company and paid the rent, but during the renovation period, T Company often cut off electricity and water supply, so D Catering Company had no choice but to sue. The court ruled that the lease contract between the two parties was terminated, and T Company was required to refund the rent and compensate for the losses.

Ownership confirmation dispute: After the death of his parents, Y * forged documents to transfer the ownership of his parents' house to himself, but was later discovered by his younger brother, who sued him in court. Through mediation, Y * paid his younger brother the depreciation value of the house.

Disputes over the division of commercial properties for sale and the subsequent leaseback: W * purchased a commercial property at a high price from R Real Estate Company based on the company's promise of a leaseback arrangement after the sale. However, R's affiliated company, J Company, breached the agreement by refusing to pay the rent. W sued R for a refund and lost the case. Subsequently, through administrative investigations and government information disclosure procedures, R agreed to settle with W, compensate W for the rent and losses, and hand over the commercial property to W for self-operation.

4. Contract-related matters

Contract dispute: N * subscribed to H Company's guaranteed-return and interest-bearing financial products. After the expiration of the contract, H Company continuously delayed the payment of the principal and income. N * sued H Company in court. The court ruled that H Company should pay N * more than 11 million yuan in principal and income.

Confirmation of the dispute over the invalidity of the contract: C * and L * reached an agreement on the long-term lease of a Beijing-registered vehicle, paid the money and purchased a new car. Later, the court forcibly seized C *'s vehicle because L * was in debt. C * sued the court, and the court ruled that the agreement signed by the two parties was invalid, and L * compensated C * for the car purchase price.

Confirming the validity of the contract and the dispute: W* and his siblings signed an agreement on the division of their parents' estate, but later, his sister claimed that the agreement was invalid and refused to fulfill it. W* sued the court, and the court ruled that the agreement signed by W* and his siblings was valid.

Service contract dispute: S's father committed suicide after living in Y Nursing Home for more than half a year, so he sued the court. The court ruled that Y Nursing Home and the insured insurance company should jointly compensate S more than 240,000 yuan.

Dispute over the contract for the sale of commercial housing: J * purchased a commercial housing developed by F Real Estate Company in B City. However, since J * did not meet the purchase restriction policy in B City, F Company falsified the "Talent Introduction Certificate" for J * to evade the purchase restriction. J * sued the company in court. After mediation by the court, F Company agreed to refund J * more than 760,000 yuan of the purchase price.

Property service contract dispute: L Property Company sued G * to the court because G * refused to pay the property fees. The court ruled that G * should pay the outstanding property fees and the late payment penalty.

Contract dispute: Z* purchased celebrity paintings from H* online, but found that they were all forgeries after receiving the goods. He then sued H* in court. The court ruled that H* should return the payment of more than 230,000 yuan to Z*.

Intermediary contract dispute: G * signed an intermediary contract with H Brokerage Company. H Company provided intermediary services for G * to purchase a house and assisted in handling the commercial loan procedures, but H Company failed to assist G * in handling the commercial loan procedures as agreed, resulting in the failure to complete the house purchase. G * sued the court, and the court ruled that the defendant H Company should return the intermediary service fee to G *.

Gift contract dispute: W's father signed a gift contract with him to gift the house under his name to his son and went through the notarization process, but the father refused to handle the transfer registration formalities. W sued the court, and the court ruled that the father should cooperate with W to handle the house transfer registration formalities.

Trust financial management contract dispute: Z * signed a trust financial management contract with W Investment Company, agreeing that W Company would provide consulting services for Z *'s futures investment. However, W Company did not have the qualification to engage in futures investment consulting. As a result, the Beijing Arbitration Commission ruled that the trust financial management contract was invalid, and W Company refunded Z *'s consulting fee of 30,000 yuan.

Health insurance contract dispute: Z * purchased health insurance from M Insurance Company. Later, Z * was diagnosed with bladder cancer, but M Company refused to pay the compensation. Z * sued the court, and the court ruled that M Company should pay Z * more than 220,000 yuan in compensation.

5. Company-related

Shareholder's Right to Information Dispute: C * is a member of F Farmers' Professional Cooperative. C * applied in writing to review the financial audit reports and accounting books, but F Cooperative refused. C * sued the court, and the court ruled in favor of C *'s right to information.

Equity transfer dispute: C * transferred the equity of a certain company held by him to G Company and promised that he would repay the debts of the company before the equity transfer. Later, due to the fact that the company was in debt and was subject to forced execution by the court, the land under its name was auctioned, resulting in losses for G Company. G Company sued the court, and the court ruled that C * should compensate G Company more than 8.4 million yuan.

Labor dispute: After B * left L Hotel, he applied for labor arbitration and demanded that the hotel pay over 50,000 yuan in overtime pay, which was supported by the labor arbitration. However, L Hotel sued the court, claiming that B * had forged the attendance records. As a result, the court ruled that L Hotel did not need to pay B * overtime pay.

6. Creditor's rights

Civil loan dispute: Z * borrowed 200,000 yuan from Y * and has not been able to repay it. Y * sued the court, and the court ruled that Z * should repay the loan of 200,000 yuan.


\nIn the criminal field

1. Criminal defense

Murder case: In the murder case of L, the first-instance court sentenced him to 12 years in prison, but the second-instance court changed the sentence to 8 years.

The case of making and selling fake invoices: In the case of W * making and selling fake invoices, the first-instance judgment was a fixed-term imprisonment of 1 year and 10 months, and the second-instance judgment was changed to a fixed-term imprisonment of 1 year and 6 months.

Illegal business case: A * successfully applied for bail pending trial in the investigation stage of the illegal drug business case.

Business secret infringement case: In the case of W's infringement of business secrets, the court sentenced him to probation.

Traffic accident case: D * fled the scene after causing the death of one person due to drunk driving, and was sentenced to fixed-term imprisonment of 3 years and 9 months by the court.

Dangerous driving case: W was caught driving under the influence of alcohol and was sentenced to one month in prison by the court.

Illegal Absorption of Public Deposits Case: T *'s case of illegally absorbing public deposits was successfully granted bail during the investigation stage.

Fraud case: W*'s fraud case. He successfully applied for bail pending trial during the investigation stage.

Rape case: Z * was acquitted in the investigation stage of the rape case.

Case of provoking trouble: In the case of Q*, the procuratorate refused to approve the arrest and successfully granted bail pending trial.

Obstruction of official duties case: In the case of H's obstruction of official duties, after the procuratorate approved the arrest, H successfully applied for bail, and the court sentenced him to probation.

Introducing the prostitution case: In the case of W*, the prosecutor's office refused to approve the arrest, and W* successfully obtained bail pending trial.

Help with information network crime cases: The case of W*, in which W* successfully applied for bail pending trial during the investigation stage.

2. Representatives of self-prosecution cases

Criminal case of intentional injury with accompanying civil action: Z * was intentionally injured by W *, but the public security organ refused to file a case. Z * brought the case to court himself, and after mediation by the court, W * compensated Z * for all losses of 170,000 yuan.


\nThe administrative field

Case of house expropriation on state-owned land: M's house located on state-owned land in a certain district of B City is within the scope of expropriation, but he failed to reach an agreement with the government on compensation. The government issued the "Decision on Land Expropriation Compensation and Resettlement", and M appealed to the court. After the court's mediation, the government increased the compensation by 800,000 yuan on the basis of the original compensation.

Case of house expropriation on state-owned land: Z's house located on state-owned land in H City was within the scope of expropriation, but the government compensated him according to the standards for collective land, which Z disagreed with. The government cut off water and electricity supplies, dug up the road, and sued Z in court to demand that he vacate the house. Z provided the court with a certificate of state-owned land use rights, stating that the government's actions of cutting off water and electricity and digging up the road were illegal. The court advised the government to withdraw the lawsuit. Later, the government agreed to provide reasonable compensation based on the prices of similar houses in the surrounding area.

The case of illegal forcible occupation of state-owned land: Y * purchased a factory located on state-owned land in a certain district of T City, but the outer wall land was occupied by villagers for house construction. Y * requested the street office to conduct administrative investigations, but was rejected. Y * applied for reconsideration to the district government, which rejected it on procedural grounds. Y * sued the Intermediate People's Court of T City, and the court persuaded the district government to agree to a substantive trial.

Collective Land Housing Acquisition and Compensation Case: L's collective land house in J City was expropriated for the high-speed rail project, but he failed to reach an agreement with the government on compensation. The government issued the "Decision on Land Acquisition Compensation and Resettlement", and L raised objections to the government about the previously selected appraisal institutions and the survey and mapping reports of the house and attached objects, and decided to file a lawsuit. The government agreed to re-select the appraisal institutions and conduct a new appraisal, and finally provided reasonable compensation according to the new appraisal results.

Resettlement case of residential land: M's house on the collective land in Area C of B City was forcibly demolished many years ago, but no compensation was provided. Later, M learned through administrative litigation that the township government had already provided compensation to M's brother many years ago, so he sued the court. The court ruled that the resettlement and compensation agreement signed by the township government and M's brother was invalid.

The case of illegal encroachment on a residential plot: Z's residential plot located in Q Town, H County was illegally encroached upon by a neighbor, but the village committee and the town government ignored it. Z mailed an "Application for Administrative Investigation" to the town government, but the town government failed to respond after receiving it. Z then applied for administrative reconsideration to the county government, which ordered the town government to handle the application for administrative investigation within a specified time limit.

Illegal forced demolition case: J's house on the residential land in D Town, T City was forcibly demolished without compensation. J sued the court, but the town government denied the fact of forced demolition and blamed it on the village committee. After the court trial, the court ruled that the town government's forced demolition was illegal.

Urban village renovation case: The house on the residential land of C located in L Town, T District, B City is within the scope of urban village renovation, but no agreement has been reached on compensation. L Town issued the "Forced Demolition Decision", and C applied to the district government for government review. The district government made a review decision that the "Forced Demolition Decision" issued by L Town was illegal.

The case of illegal forced demolition of some factories: Z * invested in N Town, S District, B City many years ago in accordance with the investment promotion policy of N Town. In recent years, the town government forcibly demolished some of Z *'s factories on the grounds of demolishing illegal buildings. Z * sued the court, and the court ruled that the town government's forced demolition was illegal. Later, the town government agreed not to demolish the remaining factories of Z *.

The case of illegal forced demolition of a factory: The more than 10,000-square-meter factory of Company C located in D Town, H County, Z City was forcibly demolished by the town government. Company C sued the court to confirm that the town government's forced demolition was illegal, but the court rejected the claim. Company C appealed, and the second-instance court reversed the judgment and confirmed that the town government's forced demolition was illegal. Company C then sued the H County court to require the town government to compensate it, but the H County court rejected the claim. Company C appealed again, and the second-instance court remanded the case for rehearing. Company C applied for a trial in another jurisdiction, and the second-instance court decided that the case would be tried by the C County court. The C County court ruled that the town government should compensate Company C for various losses amounting to millions of yuan.

A case of illegal transfer of agricultural land for mining: The rural land contracted by Z* is located within the mining area of X Coal Industry Company. X Company signed a land transfer agreement with the village committee, transferring villagers' land for open-pit coal mining. Z* disagreed with this, but X Coal Industry Company forcibly dug up Z*'s land. Z* applied for administrative investigation by the Natural Resources Bureau, but the bureau refused on the grounds that there was no illegal mining. Z* then applied for administrative reconsideration to the county government, which ordered the Natural Resources Bureau to handle the case again.

Administrative agreement enforcement case: A few years ago, Company X planted trees for the river greening project in City R, but most of the project funds have not been paid. Company X sued the court, and after the court's mediation, the Forestry Center of City R agreed to make payments in installments.

Trademark application rejection review case: Z Company's trademark application was rejected by the Trademark Review and Adjudication Board, and Z Company sued the Intellectual Property Court. The court held that the cited trademark I had been revoked, and the cited trademark II had expired and not been renewed. The disputed trademark should be approved for registration. The court ruled to revoke the trademark rejection review decision, and the Intellectual Property Office made a new decision.


Criminal defense, and prevention and control of compliance risks in enterprises

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