Law

Identity has been impersonated, and rights protection has been met with numerous obstacles

2025-08-26   

My legal representative identity has finally been revoked, and I can register my own company. Recently, Mr. Li learned that the market supervision and management department has revoked his registration as the legal representative in accordance with the law, and specially informed Yang Hongxiang, a prosecutor from the administrative procuratorial department of Jinshui District Procuratorate in Zhengzhou City, Henan Province, of this good news. At the end of 2016, Mr. Li accidentally lost his ID card while working in Zhengzhou. In July 2022, Mr. Li planned to start a business and establish a company. However, when he went to the Market Supervision Administration to handle business, he was informed that the company he was serving as the legal representative of had been listed as a serious illegal and dishonest enterprise. This is impossible, I have never owned a company before! ”Mr. Li looked confused. After further investigation, it was found that this is a technology limited company registered in June 2017 and located in Jinshui District, Zhengzhou City. Its legal representative, executive director, and general manager are all registered as Mr. Li. Due to abnormal business operations, this company has been listed as a serious illegal and dishonest enterprise by the Henan Provincial Administration for Market Regulation, and Mr. Li has also been blacklisted as a result. Recalling the incident of losing his ID card a few years ago, Mr. Li realized that his identity information may have been fraudulently used. He immediately rushed to Jinshui District, Zhengzhou City to apply to the market supervision and management department for the revocation of the company's false registration, but was informed that it could only be processed with an effective court judgment. Mr. Li immediately filed an administrative lawsuit against the Market Supervision Administration as the defendant, but due to exceeding the statute of limitations, the court ruled that it would not be accepted. In January 2024, Mr. Li filed a civil lawsuit against the technology limited company as the defendant. In March of the same year, the court ruled that the company in question had revoked Mr. Li's legal representative registration with the registration authority within the prescribed time. However, as the company has long been deserted, the winning judgment cannot be enforced. Helpless, Mr. Li came to the Jinshui District Prosecutor's Office to apply for supervision. After reviewing the case, prosecutor Yang Hongxiang believed that although the court's ruling was not inappropriate, Mr. Li's legitimate rights and interests were still being violated, and his legitimate demands could not be realized through litigation. Therefore, it was necessary to carry out prosecutorial supervision, and the case was accepted ex officio. Yang Hongxiang confirmed that the company no longer has actual operations by reviewing the complete set of original files related to the company's establishment registration and conducting on-site visits. According to professional institutions' appraisal, Mr. Li's signature on a series of documents registered by the company is not in his own handwriting and is indeed a fraudulent registration. In order to substantially resolve disputes, the Jinshui District Procuratorate organized a public hearing in March this year, inviting representatives of the National People's Congress, people's supervisors, and other individuals to serve as hearing officers. Market supervision and management department staff were also invited to attend. After discussion, the hearing officers unanimously agreed that Mr. Li's application reasons were valid and that the issue should be fundamentally resolved. Subsequently, the court issued a prosecutorial recommendation to the market supervision and management department, urging them to investigate and verify, and lawfully revoke the false registration of Mr. Li by the company involved in the case, and remove Mr. Li from the list of legal representatives of serious illegal and dishonest enterprises. After receiving the prosecutorial suggestion, the market supervision and management department immediately conducted an investigation and verification, revoked Mr. Li's registration as the legal representative in accordance with the law, and publicly announced it to the society through the National Enterprise Credit Information Publicity System. At the same time, it reported to the higher authorities and removed Mr. Li's record of serious illegal and dishonest behavior. At present, major platforms show that Mr. Li's relevant bad credit information has been revoked. Taking this case as an opportunity, the market supervision and management department of Jinshui District has solidly carried out the work of revoking false name registration, optimized and simplified the business processing procedures, and has currently accepted and revoked 460 cases of enterprise false name registration. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Procuratorial Daily

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