On May 18, 2024, at the invitation of Zhenghan Law Firm, Professor Dr. Dr. h.c. mult. Hanns Prütting – the founder of the Norm Theory and modern burden of proof theory, Professor at the Faculty of Law, University of Cologne, and former President of the German Association for Civil Procedure Law – visited Zhenghan Law Firm for an exchange and symposium, together with Professor Zhuang Jiayuan from Koguan School of Law, Shanghai Jiao Tong University, and Ms. Li Lili, General Manager of Shanghai Falu Information Technology Co., Ltd. and host of “Falu Shuo”.
The symposium began with a review of Professor Prütting’s academic contributions to civil procedure theory research in the civil law system, followed by in-depth discussions on complex commercial dispute resolution, particularly the challenges in burden of proof and the presentation of case facts. Zhenghan Law Firm specially prepared and shared the influence of the “standard of proof dial” theory from Professor Prütting’s work *Problems of Modern Burden of Proof* in Chinese judicial practice, as well as the firm’s repeated visualization and practical application of this theory in handling actual cases, which was highly appreciated and recognized by Professor Prütting.
The meeting discussed judicial practice in Germany regarding cases involving multiple “claim bases”. Professor Prütting pointed out that, in theory, parties are not required to know the law but only to state the facts, and identifying the claim base is not the task of the parties. In German judicial practice, parties are permitted to assert multiple claims based on the same set of facts simultaneously. The meeting also addressed evidence assessment and the allocation of the burden of proof in contract dispute cases, as well as the application and impact of “penetrating trial” in practice. Professor Prütting shared the role of expert opinions in German litigation and how judges render judgments based on such opinions. Finally, the meeting covered the position and function of German courts in addressing over-indebtedness of enterprises and individuals (consumers), as well as the latest developments in the German insolvency regime, especially the pre-insolvency restructuring system.
The symposium concluded successfully in an atmosphere of enthusiasm and professional exchange, with participants looking forward to further opportunities for cooperation and communication between the two sides in the future. Earlier, Professor Hanns Prütting was also invited to Shanghai Jiao Tong University to attend a lecture themed “Fundamental Issues of German Corporate Insolvency and Reorganization”, co-hosted by Zhenghan Law Firm.
Zhenghan Law Firm has long maintained interactions and cooperation with the overseas legal community, continuously providing new perspectives and opportunities for mainland enterprises in the field of international litigation and arbitration. Through in-depth legal and cultural exchanges and the sharing of practical experience, the firm aims to build a more professional and comprehensive global legal service platform for mainland enterprises.
Zhenghan Law Firm is nationally renowned for its leading dispute resolution practice. It has long represented clients in a large number of complex and high-stakes commercial cases, cross-border dispute resolution matters, as well as market-oriented asset and debt restructuring cases including insolvency proceedings, providing professional dispute resolution services to major financial institutions, listed companies, government authorities and renowned enterprises. The firm has consecutively been awarded titles such as National Excellent Law Firm, Shanghai Top Ten Law Firm, and Chambers Band 1 in Corporate/Commercial. It has also received prestigious awards including China Business Law Journal’s “Outstanding Law Firm” in the fields of “Cross-Border Dispute Resolution” and “Banking & Finance”. Adopting a LockStep partnership model, Zhenghan Law Firm has built an integrated, professionally divided legal team to meet and exceed client service requirements.
Brief Profile of Professor Hanns Prütting:
Professor Hanns Prütting is a Professor at the Faculty of Law, University of Cologne, and former President of the German Association for Civil Procedure Law. He studied law at the Universities of Erlangen and Tübingen, followed by studies in economics, political science and sociology. He served as Dean of the Faculty of Law, University of Cologne for many years, and has held visiting professorships in Kyoto, Paris, Florence, Gdańsk and Tbilisi. Professor Prütting specializes in civil law, particularly property law, civil procedure law and insolvency law, and has authored numerous textbooks, commentaries and journal articles. As the founder of the Norm Theory and modern burden of proof theory, he has exerted a profound influence on the legislation and judicial practice of civil procedure law in China. His academic views have been directly or indirectly reflected in the judicial opinions of the Supreme People’s Court and relevant authoritative academic literature on many occasions. Professor Prütting’s modern burden of proof theory, together with Rosenberg’s Legal Element Theory, forms the cornerstone of civil procedure theory in the civil law system, and has influenced the revision and improvement of civil procedure laws in multiple civil law jurisdictions.