1. Introduction
In the previous period, the Kyoto Law Firm received pennants and letters of appreciation.
It turned out that Huang, a people's teacher in Hunan Province, ushered in the darkest moment of his life: due to the loss of his ID card when he was on a business trip a few years ago, he was impersonated by the picker to carry out illegal operations and registered as the legal representative of "Lao Lai". Huang was involved in tens of millions of unknown debts overnight and was "restricted" by the court, haunted by unwarranted stigma, restricted travel, and damaged his reputation.
With Huang's expectation and entrustment to clear up his grievances, lawyers Li Xiujuan and Zhou Xingyue sued a certain market supervision and administration bureau in court with a complaint and launched a difficult administrative lawsuit.
Second, the competition
After the court accepted the case, the case was heard in public.
Round 1:
The defendant argued that the Administration for Market Regulation had performed its statutory duties, and that the formal review of the signature of the legal representative of the administrative counterpart was legal and valid.
In response to the defendant's defense and erroneous registration, the lawyer submitted an application for handwriting identification and valid identification materials to the court. After the appraisal of the court-designated body, it was confirmed that the signature of the change registration and the signature of Huang himself were not the same person's handwriting.
The lawyer emphasized that the industrial and commercial registration must be based on facts, and false materials cannot be used as the basis for administrative registration, let alone claim that the administrative act is legal and valid, and the false registration should be revoked.
Second Round:
The defendant presumed that the fake handwriting signature may have been agreed by Huang, and should be held liable for the false signature.
In response to the defendant's presumption of "guilt", the lawyer again submitted new evidence such as Huang's school certificate and class schedule, proving that he had been conscientiously engaged in teaching work in Hunan Province, had never participated in any commercial investment behavior, and had never had economic dealings or litigation disputes with anyone in Beijing. What about the expression of consent regarding the conduct in question?
The presumption of a fish without water and a tree without roots is self-defeating.
Round 3:
The defendant argued that the loss of the ID card was the same as the later replacement of the ID number, and it could not be proved that the registration was made with false materials.
Counsel pointed out that although the lost identity card was the same as the replacement identity number, the date of issue of the two identity cards was different. After the lawyer's investigation, the date of issuance of the ID card used for the change of industrial and commercial registration is the date of issuance of the lost ID card.
The lawyer then submits a series of evidence, such as the certificate of the replacement of the ID card at the Exit and Entry Bureau. Starting from the facts and evidence, it is further asserted that the defendant failed to perform his due diligence to perform the review obligation, resulting in the legalization of the illegal acts of the lawbreakers.
After a court battle, the court finally ruled that the administrative act of a certain market supervision and administration bureau to change the legal representative should be revoked, and it should bear all the litigation costs.
III. Conclusion
The effectiveness and fairness of the law are reflected in the fact that when the wrongful act shows a negation of the law through the fact of its violation, the state must react to the wrongful act, which is precisely the spirit of the rule of law that defends "the law cannot yield to the lawless".