I. Introduction
In the previous period, King&Capital Law Firm received a silk banner and a letter of thanks.
It turns out that the people's teacher in Hunan Province, Huang Mou ushered in the darkest moment of his life: due to the loss of identity cards on business trips a few years ago, was picked up by an impostor to carry out unlawful operations, registered as a “rogue” legal representative. Huang overnight was involved in tens of millions of unidentified debt and was the court “high limit”, was unwarranted stigma entangled, travel restrictions, reputation damage.
With the expectation and entrusted to clear up the grievances of huang, li xiu juan, zhou xing yue lawyers a paper will be a market supervision authority to court, to start a difficult administrative litigation.
Second, the contest
The court accepted the case, open court hearing.
The first round:
The defendant argued: the market supervision authority to fulfill the statutory duties, the administrative relative of the legal representative of the signature of the form of review is legal and effective.
In response to the defendant's defense and wrong registration behavior, the lawyer submitted to the court handwriting identification application and valid identification material. By the court designated organization identification confirmation, change the registration signature and Huang's signature is not the same person handwriting.
The lawyer emphasized, industrial and commercial registration must be based on facts, can not be based on false material as the basis of administrative registration, not to mention the claim that the administrative act is legal and effective, false registration should be revoked.
Round two:
Defendant presumption: false handwriting signature, may be after huang's consent, should be liable for false signature.
Against the defendant's “guilty” presumption, the lawyer again submitted Huang's school certificates, class schedules and other new evidence to prove that he has been in Hunan Province, engaged in teaching work, never involved in any commercial investment behavior, never with anyone in Beijing have economic dealings, litigation disputes. What to talk about the expression of consent regarding the behavior involved in the case?
The presumption of a fish without water and a tree without a root is not broken.
Round three:
The defendant argued that the lost ID card and the later replacement ID card number is the same, can not prove that the registration with false materials.
The lawyer pointed out that although the lost ID card and the replacement ID card number is the same, but the two ID card date of issue is different. After the lawyer investigation, change the business registration using the ID card issuance date, it is the lost ID card issuance date.
The lawyer then submit the immigration bureau to replace the identity card certificate and other series of evidence. Starting from the facts and evidence, and further claim that the defendant did not perform due diligence review obligations, resulting in lawless elements “special empty space” illegal behavior legalization issues.
After the court battle, the court finally ruled: revoke a market supervision authority to change the legal representative of the administrative act, and bear all the litigation costs.
Third, conclusion
The effectiveness and fairness of the law, embodied in the wrongdoing through its infringement of the fact that when the performance of the law of denial, the state must react to the wrongdoing, which is to defend the “law can not be conceded to the law” of the spirit of the rule of law.
