Since the implementation of the "Regulations on the Openness of Government Information" on May 1 2008, there have been few cases in which ordinary people and industrial and commercial departments have gone to court. "Under normal circumstances, it is a very simple matter to inquire about the company's registration file, and it will not form a lawsuit. But such a simple thing is more difficult for me than going to heaven. " Wang Cuimian said.
This case has attracted a lot of media attention. "When interviewing this case, I have a dual mentality: as a reporter, this is my job; But as a citizen, maybe this kind of thing will happen to me one day. So I especially want to know, can this road of asking for help from industry and commerce make sense? " A colleague said.
The daughter sued the industrial and commercial bureau for inheriting her father's equity.
Wang Po Pan was the chairman and main founder of Jinbao Company before his death. Wang Cuimian said that Jinbao Company was established in 1994. "From the establishment of the company to the present, my father has been the chairman of the company for more than ten years. The operation of the company is mainly that he is operating alone. "
Wang Cuimian also told reporters that Jinbao Company is small, with only a few people including his father. When it was established, the most direct purpose was to establish a Sino-foreign joint venture based on it. 1995 5438+00 In June, a Sino-foreign joint venture, Hebei Jinhua Parking Integrated Service Center (hereinafter referred to as "Jinhua Center"), was established as scheduled, with Jinbao Company accounting for 75% and foreign capital accounting for 25%. As a representative of major shareholders, Wang Po Pan served as the chairman of Jinhua Center until his death.
In recent years, the company has continued to grow and develop, and Wang's career is thriving. Wang Cuimian said that only one building under construction in Jinhua Center is worth hundreds of millions of yuan.
However, the weather is unpredictable. On August 8, 2008, Wang Panpan died of a heart attack.
/kloc-in August of 0/7, the family returned to Shijiazhuang from their father's hometown after the funeral. They were surprised to find that the business license of Jinhua Center had been changed in the industrial and commercial department as early as August of 0/4, and the chairman changed hands. All the company documents locked in my father's office cupboard are gone.
"My father is the founder of Jinbao Company and holds 80% of the company's shares. The other two shareholders did not actually contribute at that time, but they were all dry shares sent by their fathers. " Wang Cuimian said that Jinbao Company holds 75% of the shares of Jinhua Center. According to the articles of association of Jinhua Center, the chairman of Jinhua Center should be appointed by Jinbao Company. Therefore, inheriting their father's shares in Jinbao Company means great economic benefits to their brothers, sisters and mothers. "Inheriting his father's shares is legitimate and legal. Lawyers roughly estimate that there may be hundreds of millions of yuan. "
However, other shareholders of Jinbao Company denied that Wang Broken Board owned shares in the company.
How to prove my father's equity in Jinbao Company? My father died, so I can't get strong evidence from Jinbao Company. So, Wang Cuimian thought of the Industrial and Commercial Bureau. "As long as the files at the time of registration are still there, isn't it clear at a glance?"
On June 5438+1October 65438+May, 2008, Wang Cuimian applied to Shijiazhuang Industrial and Commercial Bureau to inquire about the files of Jinbao Company, but was rejected. However, on June 65438+1October 3, Shijiazhuang Industrial and Commercial Bureau authorized its subordinate enterprise registration sub-bureau to declare in the equity statement that the enterprise file of Jinbao Company was not found.
On June 29th, 2009, another heir, Wang Zhongxin, filed another application according to the Regulations on the Openness of Government Information, but it still failed.
At this point, an administrative lawsuit surrounding the disclosure of government information is inevitable.
Does the revoked enterprise information belong to the scope of information disclosure?
In May 2009, Wang Cuimian sought help from Peking University Public Participation Research and Support Center by telephone. The center has been committed to promoting the disclosure of government information. Professor Wang Xixin, director of the center and Peking University Law School, thought that Wang Cuimian's experience was typical and decided to provide her with legal aid.
"It was their help that determined me to go to court." Wang Cuimian said.
Peking University Public Participation Center entrusts Lawyer Li and Researcher Wu Xindong as Wang Cuimian's agents. In the court hearing on September 1, the two agents demonstrated the matters that Wang Cuimian applied for from many angles, which should be made public by the Industrial and Commercial Bureau. The non-disclosure of information by the Industrial and Commercial Bureau boils down to "three crimes": violation of Article 6 of the Company Law, Article 57 of the Regulations on the Administration of Company Registration, Article 13 and Article 26 of the Regulations on the Openness of Government Information and other laws.
During the defense and the trial in September 1 day, Shijiazhuang Industrial and Commercial Bureau also put forward a number of defense opinions.
Around these key issues, the two sides launched a heated debate. The first focus: Does the information of the revoked enterprise belong to the scope of government information disclosure?
According to the Administration for Industry and Commerce, Jinbao Company's business license was revoked in accordance with the law on June 5438+February 65438+February 2002 because it did not participate in the annual inspection of enterprises in 2000/KLOC-0, but it has not gone through the cancellation registration procedures so far. For enterprise files whose business licenses have been revoked, the Enterprise Registration Branch of the Administration for Industry and Commerce, which is responsible for enterprise registration, usually treats them as dead files, and there is no relevant information in the system.
The plaintiff believes that Article 6 of the Company Law and Article 57 of the Regulations on the Administration of Company Registration do not exclude the inquiry of the revoked company. According to the Regulations on the Administration of Company Registration, the registered items of a company include establishment registration, change registration and cancellation registration. In other words, even if the company is cancelled, the public has the right to inquire. "Imagine that an enterprise has been revoked and continues to operate. As the counterparty of its transaction, how can I know this information? Obviously, it can only be known through the industrial and commercial registration inquiry. If this situation does not belong to the scope of inquiry, then what is the significance of registration and publicity? How to ensure the security of social transactions? " Wu Yudong said.
Regarding the statement of "dead file", the plaintiff's two agents issued a series of questions: "The defendant said that this situation is not within the scope of publicity, because the registered branch of the revoked company is usually treated as a dead file. Is this a reason and basis that cannot be made public? What do you mean, treat it like a dead file? What does it have to do with the disclosure of files? What is the legal basis for the registration branch to do so? "