Guangdong workers "being a legal person" actually "owned" 7 companies in Jinan, Shanghai

"I have never been to Shanghai and Shandong. As a worker, why do you suddenly have several companies?" Mr. Yuan from Guangdong didn't understand that he had encountered a "legal person" many times, not only in Shanghai and Jinan. With "7 companies, you have to pay multiple taxes ...

On August 16 last year, a phone call from the tax department completely disrupted Mr. Yuan's life. The tax department said that he as a shareholder's property company needs to pay taxes recently. Mr. Yuan, who had never registered the company at all, was very surprised, and quickly downloaded the "Enterprise Check" to understand the details -in May of that year, some people used his identity information to register in Shanghai and Jinan through the method of network electronic registration. Seven companies, Mr. Yuan became the legal representative and shareholder of these companies.

Mr. Yuan was worried about the huge taxes he wanted to pay, and while worried that the company under the name was used by criminals, he was "old" and even "criminal". He is determined to embark on the road to defending rights. He first contacted the tax authority to report the situation of being registered with his identity. After multiple communication and interpretation, the tax authorities finally agreed to temporarily slow the tax payment. But if you want to "unbind" with these companies in the future, Mr. Yuan finds it difficult to add.

Ten days after receiving the tax department, Mr. Yuan rushed to Shanghai from Guangdong to report to the local market regulatory bureau that he was run by the company by others and submitted an application for the registration of two companies in Shanghai in Shanghai. However, according to the current evidence status, Mr. Yuan's application does not meet the acceptance conditions of the market supervision department. In response to the situation where someone forged signatures and posing as his identity registration company, Mr. Yuan came to the public security organs to report the case that day.

The next day, Mr. Yuan remembered reports on the Internet that he had seen the prosecutor's participation in resolving administrative disputes on the Internet, so he came to the Minhang District Procuratorate for help before leaving Shanghai, hoping that the procuratorate could help him solve the problem and get out of the predicament.

Adhering to the working principle of "early intervention and easy resolution", the Minhang Procuratorate immediately conducted a centralized research after receiving the clue of the case. "We think the case is the administrative dispute of the" potential complaint ". If it is not properly resolved, the legitimate rights and interests of the parties will not only be guaranteed, but he will further rescue the prosecutor through administrative reconsideration and litigation." Administrative disputes are extended from terminal ruling to the source, and work will be carried out from the perspective of substantive resolution of administrative disputes.

One month later, the prosecutor contacted Mr. Yuan to follow up with the progress of the matter. After learning that Mr. Yuan's withdrawal application has not been accepted, and the alarm did not have the results of the feedback, the Minhang Procuratorate officially launched the case handling procedure and launched an investigation.

Due to the strong professionalism of the case, there are many administrative regulations involved. During the review of the case, the prosecutor carefully read the relevant administrative regulations and went to the market supervision department and the public security department to retrieve the registration materials of the company and the alarm under the name of Mr. Yuan. Material. In order to investigate the facts of the facts, the prosecutor inquired about the social security situation of Mr. Yuan to the Social Security Center and found that he did not have a record of social security payment in Shanghai. In addition, the prosecutor also went to the field to check the company's place involved and found that the company's operating place was actually an abandoned factory with unmanned office.

"Later, we entrusted the appraisal agency to conduct handwriting identification, but because these two companies applied for registration online, the medium when writing and signature was not clear, which caused the appraisal conclusion to be not necessarily accurate." After the handwriting identification of the handwriting, after the stroke of the handwriting appraisal, the stroke of the handwriting was closed. The prosecutor was not discouraged and determined to start from the investigation of the face recognition image.

On September 29 last year, the prosecutor went to the Shanghai Digital Certification Center to retrieve the face recognition image data of its legal representative when the company was established. After preliminary comparison, the Judicial Appraisal Center of the Shanghai Procuratorate was commissioned to conduct acoustic image identification. According to the observation of the sound image data, the portrait of the person in the face recognition image data and Mr. Yuan's portrait are not the identification conclusions of the same person. Based on the evidence and verification of the above investigations, the prosecutor judged that there was indeed a company that did have the status of Mr. Yuan to set up a company.

After investigating the facts of the case, the prosecutor took the initiative to contact the relevant functional departments of the Market Supervision Bureau to inform the investigation and verification and provide relevant evidence to conduct cases to discuss the case. The investigation results of the procuratorial organs were recognized by the market supervision department. After accepting the application of Mr. Yuan, the investigation was further carried out. In the end, the market regulatory authorities decided on June 27 this year to revoke the administrative license of the establishment of two companies in the name of Mr. Yuan.

The administrative disputes involved were effectively resolved. Recently, Mr. Yuan, who was far away from Guangdong, sent a banner and said excitedly on the phone: "I did not expect that the rule of law environment in Shanghai is so good. Thank you very much for the Minhang Procuratorate. My worries are gone. ! ""

After solving the problem of "being by the legal person", it is necessary to block the entrance to prevent more people from continuing to continue to occur like Mr. Yuan. Based on this case, the Minhang Procuratorate will further rely on big data to empower, and in conjunction with other relevant departments, in -depth excavation of the deep reasons behind the use of other people's information registration companies or changing registration as a legal person, carry out the legal rights and interests of the parties for special governance work, and to further solve the solution Provide procuratorial recipes by the "legal person" predicament to provide richer administrative procuratorial products for serving the business environment of the rule of law.

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Author: Shan Yingwen Yang Yingying

Edit: Wang Wanyi

Editor in charge: Zhang Xiaoming

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