Research On The Judicial Relief Path Of Impersonation To Establish Registration Disputes

Impersonation establishment registration refers to the use of his identity document or forgery of his signature in the application for registration of company establishment without the prior consent or subsequent approval of the fraudulent person,or applying through the Internet in the name of the fraudulent person at the company registration authority The act of obtaining company registration.Such disputes bring great distress to the parties,and have an impact on national taxation,market transaction order,and social stability.According to the relevant provisions of the "Administrative Licensing Law" and the "General Principles of the Civil Law",parties can provide relief through administrative litigation or civil litigation.However,the coexistence of multiple litigation remedies has caused confusion in the relief of registration disputes related to impostors in practice.At the same time,there are problems such as lack of legitimacy and contradiction in referee logic,which cause more problems.Therefore,this article focuses on analyzing the problems and reasons of the current path,and proposes countermeasures and suggestions for the establishment of a solution path and system construction of registration disputes by name.The first chapter of this article first summarizes the current remedies for registration disputes by impersonation,including remedies in the administrative system,administrative lawsuits,and civil actions for name and right cases.Secondly,it points out the problems of the three relief paths: in administrative relief,it is difficult for administrative agencie to deal with and is easy to be involved in litigation;second,the reconsideration period is short and the parties cannot get relief;if reconsidered again,the registration authority will eventually assume the role of substantive examination.In administrative proceedings,firstly,there are obstacles to the limitation of six months in administrative proceedings;secondly,there is a conflict of application between the formal examination of the registration authority and the legality examination of the judicial authority,resulting in inconsistent results in similar cases and affecting judicial credibility;the decision to cancel the registration led to the failure of the registration authority to lose the lawsuit.at the same time,the decision to set up the registration resulted in the elimination of the company's legal subject and endangered the stability of the transaction order.Civil lawsuits infringing on the right to name cannot cover situations in which personal information rights and interests are damaged,and the scope of relief is limited.Secondly,the rules of proof in infringement proceedings can easily leave opportunities for malicious registration.The civil judgment of the final name dispute has actually impacted the public power of the administrative act.In summary,although multiple relief paths provide a feasible way to set up registration disputes by impersonation,they are not "good ways" to solve the problem of impersonation registration.The second chapter respectively focuses on the reasons for the relief dilemma of the establishment of registration disputes by impersonation,and points out that the civil litigant is the correct path for such disputes.The establishment and registration of a company has the composite attributes of both public and private law,which is why in practice there are multiple remedy paths for the establishment of registration disputes.The current law characterizes the establishment of registration as an administrative license,which emphasizes the public law nature of establishment registration and ignores its private law nature.As a result,the choice of remedies for registration by name is mostly limited to administrative litigation.The establishment of registration is an administrative confirmation of the business rights of those who want to do business,and does not create a new independent relationship of rights and obligations in civil law.Therefore,in the case of company registration caused by civil disputes between interested parties,civil litigation should be prioritized.In addition,with regard to the issue of the arbitrariness of registration under the registration review mode,this article considers that the arbitration of the establishment of registration under formal examination is less than the authenticity of rights.Of course,civil courts can certainly include the registration in the civil action The presumption of civil ownership is not recognized,but the actual rights are directly examined and judged.In the third chapter,on the premise of the relief of civil lawsuits,it is considered that the establishment of a foreign company can be used as a reference to the invalidation of the establishment of a company,and the remedy path for the establishment of an improper registration dispute can be improved.First of all,from the point of view of the necessity of invalidation of company establishment,there are frequent defects in company establishment in practice,and the registration of impersonation is an example.However,China has not established a true company invalidation denial mechanism.Ineffective suits address such issues.With regard to the choice of the invalidation and revocation systems,there is no difference between the two in terms of procedures,purpose functions,and legal consequences.It is sufficient to adopt an invalidation mechanism alone,without the need to add a revocation mechanism.In the specific construction of the establishment of invalidity suits,a common practice is adopted to establish an "invalidity suit";in order to maintain the stability of market transaction order,Japanese and German regulations can only be filed by internal members such as shareholders,directors and supervisors,and have been impersonated.The registrant naturally enjoys the right to sue for remedy;establishes a pre-litigation or mid-supply correction procedure;and establishes an invalid judgment.Once the plaintiff wins the lawsuit,the judgment will have the effect of the world,but it is not retroactive.The second part of chapter ? proposes to improve the supporting measures for the registration system.At present,the investigation of the liability of specific infringers lacks a systematic construction of specific infringers,and the establishment of a unified defect liability owner must provide civil liability for compensation to the injured stakeholders.