The Haidian Court launched a new measure of industrial and commercial registration cases to help enterprises 丨 optimize the business environment

"Thanks to the judge, after your fair trial, the company's error registration has been revoked by the speed, and our company is saved!" Shortly after making a judgment, the Judge of the Haidian Court's Administrative Trial Division received the thank you SMS from the shareholder Ma Mou from a business company, Ma Mou, Essence

How can administrative trial activities solve industrial and commercial registration disputes high -quality, so as to save a company? This also starts with a case of industrial and commercial registration.

The Haidian District Market Supervision Bureau made a registered registration of business and commerce, and the shareholders of a business company were changed from Ma and Zhang to Cao. At this time, Ma and Zhang still did not know, and they were talking about cooperation with a technology company towards the heavens and the earth. When the cooperation went to the key part of the signing, Ma and Zhang suddenly found that it had been "kicked out" and could not serve as a shareholder on behalf of the company. This is how to do? Ma and Zhang were anxious like the ants on the hot pot, for fear of the opportunity to win away.

In this regard, Ma and Zhang quickly filed an administrative lawsuit with the Haidian Court, and requested the revocation of the industrial and commercial change registration on the grounds that Cao submitted false materials for the registration of industrial and commercial changes. During the lawsuit, Ma submitted a written application to the court, saying that the company was in a critical period of transformation and was negotiating with a technology company to sign a long -term cooperation agreement to ask the court to try the case as soon as possible.

In order to help the enterprise's efficient solution, the judge appointed the clerk to do a project dock with the appraisal team and the announcement group, and promote the judicial appraisal procedure and announcement process of the case. After completing the announcement, the appraisal process was shortened by nearly half a long time, and the announcement session also saved one -third of the time. According to the professional opinions issued by the appraisal agency, the signature trace of the transfer party Ma and Zhang in the equity transfer agreement are indeed not written by the same person as the signature on the sample.

After obtaining the appraisal opinion, the court continued to run with time, and organized a trial within 5 days and made an administrative judgment book after 3 on the 3rd. The lack of factual basis for behavior shall be revoked. Therefore, the verdict supported the claims of the plaintiff Ma and Zhang, and the decision was canceled the registration of the industrial and commercial change.

According to the long -term communication mechanism of the court and the industrial and commercial registration authority, the Haidian Court fed back the urgent demands of the enterprise to revoke the urgent request for the registration of the case to the industrial and commercial registration authority. The Market Supervision Bureau of Haidian District also actively fulfilled its statutory duties. On the first day of the judgment, the court's judgment was implemented, restoring the status of Ma and Zhang's shareholders. As an actual controller, Ma Mou and Zhang finally recovered. They were able to "name" the business company reached cooperation on behalf of the business company and the technology company, and successfully signed a long -term cooperation agreement. The company's business and management activities have reached a new level. This is only thanks to the company's salvation text message at the beginning of the article.

Highlight

The trial work of industrial and commercial registration cases is related to the management of the market entity and even the survival of life and death. In order to effectively protect the legitimate rights and interests of commercial entities and promote the high -quality resolution of industrial and commercial registration disputes, the Haidian Court has established a "substantial, acceleration, and collaborative" business registration case to help new measures to help optimize the business environment with administrative trial activities. Provide high -quality judicial security for the high -quality development of the market economy.

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Substantive solution

Establish a project resolution mechanism to promote the substantial resolution of the business subject. Effectively notify the interested parties involved in the case involved in the case to participate in the lawsuit, accurately identify the substantial demands of the parties, clarify the focus of controversy, and conduct a special business relationship with the business trial of the commercial trial for the focus of the controversy. "Achievement" resolves relevant civil disputes; the focus of disputes is the industrial and commercial registration behavior itself, and make full use of judicial methods such as judicial appraisal and vocational rights to adjust the law to comprehensively identify the facts.

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Speed ​​up

Establish a specialized mechanism for the project, and the whole process promotes the high -quality handling of such cases to the trial. The first is to prepare for rapid trial, introduce the pre -pre -conference system hosted by the judge assistant, clarify the claims before trial, fixed no controversial evidence, and determine the focus of disputes, and significantly shorten the trial time and improve the efficiency of trial. At present, this type of case has been transferred to the pre -court meeting within 7 days after the trial court. The second is to quickly organize appraisal and announcement. Considering that such cases often involve procedures such as judicial appraisal and announcement, they assign special personnel to be responsible for the docking appraisal team and announcement group to ensure that litigation procedures such as appraisal and announcement of such cases are accelerated. At present, the appraisal process of this type of case has been shortened by about half a long time, and the announcement will save nearly one -third. The third is to quickly referee the case and promote the elemental referee documents for such cases. At present, this type of case has basically completed the production of referee documents within 3 days after the trial, and concluded within 5 days.

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Collaborative solution

Establish a long -term communication mechanism for industrial and commercial registration cases with the industrial and commercial registration authority, and improve the joint force of the category governance.The first is to strengthen coordination and resolution before the complaint, give full play to the advantages of relief channels such as administrative mediation and administrative reconsideration, reduce the ideological burden of the parties, and accelerate the efficiency of dispute resolution.The second is to strengthen the rotation of trial administration.After hearing, it is found that the registration situation should be revoked, and the parties can guide the parties to apply to the industrial and commercial registration authority for their own cancellation registration and conduct legal guidance on the withdrawal administrative procedure.At present, after the guidance, the administrative organs are actively withdrawn. The parties applying for this type of case after the application for withdrawal, accounting for about 20%of the total amount of such cases.The third is to strengthen joint judgment of cases.In response to the reform disputes of industrial and commercial registration in the context of the reform of decentralized uniforms and electronic registration of the whole process, conduct joint special investigations, sort out case types of disputes, and propose countermeasures.At present, special research information such as long -term linkage mechanism and electronic registration has been formed.

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