When the huge engineering payment lawsuit summons of nearly 60 million yuan were suddenly sent to the office desk of the provincial construction engineering enterprise group, the air of the entire group instantly became heavy. This lawsuit, which could affect the company's cash flow, was actually initiated by a fake branch that "appeared out of thin air" and "quietly cancelled" - with less than a month left until the court hearing.
When my lawyer received the commission, we faced a situation that could be described as "tricky": a certain intermediate court in Inner Mongolia Autonomous Region has preliminarily determined that even if the branch is cancelled, the group still needs to bear joint and several liability for compensation, on the grounds that "the enterprise has not reported the fraudulent registration behavior, and the existing evidence cannot exempt liability". Time is tight, the target is large, and the evidence chain is broken. How should we fight this battle?

Accurately breaking through the game and seizing key contradictions
My lawyer spent the night sorting through the files and quickly identified the core issue: can the registration and cancellation of this falsely registered branch be separated from the group? The presiding judge's viewpoint is not without basis - in the industrial and commercial registration system, the cancellation status of the subsidiary is legal and valid, and the group has no record of reporting or administrative correction certificate. To be exempt from liability, one must overturn the existing registration information! The judge's logic is very clear, and in order to break this logic, we need more solid evidence. "My lawyer immediately applied for an extension of the court hearing, and the next morning, after receiving permission, he went straight to the registered address of the branch company - a city in Heilongjiang. After arriving at the destination, I mainly did two things: one was to report to the local public security organs, explaining the situation of "falsely registering a branch company" and striving for criminal filing; The other is to submit written materials to the Market Supervision Administration, requesting correction of the erroneous registration status and changing "cancellation" to "revocation". However, reality soon put it to the test: the public security organs refused to file a case on the grounds of "insufficient evidence", and the market supervision bureau also refused to change the registration, citing "compliance with cancellation procedures".   

Sword goes astray, using administrative litigation to force correction
If the conventional path doesn't work, then take a different path. "My lawyer's thinking is clear, and he realizes that the registration information of the Market Supervision Bureau is the key to this case, and he must obtain this official certificate that can prove that" the branch is registered under a false name. After multiple unsuccessful communications with the Market Supervision Administration, our lawyer decisively filed an administrative lawsuit and sued the local Market Supervision Administration in court. Administrative litigation is not an end in itself, but a means to solve problems. "The lawyer submitted evidence of a branch's fraudulent registration and emphasized that" incorrect registration information not only misleads judicial judgments, but also harms the legitimate rights and interests of enterprises. "Under strong litigation pressure, the Market Supervision Administration finally relaxed its stance and agreed to request a change in registration status from higher-level units. 15 days later, the status of the branch company publicly announced by Red Shield changed from "cancelled" to "revoked", and the local market supervision and administration bureau issued a written certificate at the same time: the branch company was registered under the name of someone else, and its registration and cancellation actions have nothing to do with the Provincial Construction Engineering Group. When we received this crucial evidence, we were only three days away from the originally scheduled court date.

Sword goes astray, using administrative litigation to force correction
If the conventional path doesn't work, then take a different path. "My lawyer's thinking is clear, and he realizes that the registration information of the Market Supervision Bureau is the key to this case, and he must obtain this official certificate that can prove that" the branch is registered under a false name. After multiple unsuccessful communications with the Market Supervision Administration, our lawyer decisively filed an administrative lawsuit and sued the local Market Supervision Administration in court. Administrative litigation is not an end in itself, but a means to solve problems. "The lawyer submitted evidence of a branch's fraudulent registration and emphasized that" incorrect registration information not only misleads judicial judgments, but also harms the legitimate rights and interests of enterprises. "Under strong litigation pressure, the Market Supervision Administration finally relaxed its stance and agreed to request a change in registration status from higher-level units. 15 days later, the status of the branch company publicly announced by Red Shield changed from "cancelled" to "revoked", and the local market supervision and administration bureau issued a written certificate at the same time: the branch company was registered under the name of someone else, and its registration and cancellation actions have nothing to do with the Provincial Construction Engineering Group. When we received this crucial evidence, we were only three days away from the originally scheduled court date.