What should I do if the company in question is maliciously cancelled and the administrative penalty fails?

　　Zhangjiagang explores information sharing mechanism to avoid administrative punishment becoming "paper enforcement"

　　□ Our reporter Ding Guofeng

　　□ Newspaper correspondent Chen Mengqing and Wang Yonghu

　　"In the past, companies were punished for their illegal acts, and individual companies were directly deregistered, which brought great difficulties to our law enforcement work. Now that we can establish such a sharing mechanism for corporate deregistration information, we can avoid our decision to be punished. An empty letter makes administrative law enforcement more credible." Recently, at a round table meeting held by the Zhangjiagang People's Procuratorate of Jiangsu Province in conjunction with the Judicial Bureau, the Administrative Examination and Approval Bureau, and the Ecological Environment Bureau, the Petition Squadron of the Zhangjiagang Ecological Environment Comprehensive Administrative Law Enforcement Bureau of Suzhou City Squadron Captain Huang Xiaobo said.

　　After the meeting, the Zhangjiagang City Procuratorate co-signed the "Implementation Opinions on Strengthening Administrative Law Enforcement Information Sharing in Administrative Licensing Work (Trial)" (hereinafter referred to as the "Opinions"), which was published in the Zhangjiagang Party and Government Communication. The platform sets up a special enterprise administrative penalty information sharing module to realize the data exchange of administrative penalty information and company cancellation information.

　　The "Opinions" make it clear that the Administrative Examination and Approval Bureau should check whether there is any unfulfilled administrative penalty information when handling registration matters such as the cancellation of the enterprise and the change of the legal representative. The simplified cancellation procedure does not apply.

　　With the advancement of the reform of "decentralization, management and service", the establishment, modification and cancellation of registration of companies are becoming more and more convenient and fast. Why should this procedure be added?

This stemmed from an investigation visit by the Zhangjiagang City Procuratorate in handling the case.

　　In March 2021, when the Zhangjiagang City Procuratorate visited the Zhangjiagang Ecological Environment Bureau of Suzhou City, it found that some companies refused to perform after being imposed administrative penalties, and maliciously cancelled the companies before being enforced to evade the penalties, which led to difficulties in the implementation of effective administrative legal documents, and the people After the court ruled to approve the enforcement, it ruled to reject the application for enforcement, so it was supervised according to its powers.

　　After accepting the case, the prosecutors undertook a multi-party investigation and verification and found that in December 2019, a wood company was fined 258,800 yuan by the Suzhou Municipal Bureau of Ecology and Environment for environmental violations, and was ordered to pass the "three simultaneous" inspection within two months. .

Since the company has never fulfilled the administrative penalty decision and neither applied for administrative reconsideration nor filed an administrative lawsuit within the statutory time limit, in August 2020, the Suzhou Municipal Bureau of Ecology and Environment applied to the Zhangjiagang City People's Court for enforcement.

The next day, the court ruled to allow the enforcement of the fine and additional fines in the administrative penalty decision made by the bureau.

　　In December 2020, the company maliciously applied to the relevant authorities for deregistration in order to avoid punishment.

The relevant departments did not know that the company was suspected of administrative punishment, and the company provided a false liquidation report with no debts, and the shareholders signed and confirmed that they were fully responsible for any remaining problems, and cancelled the registration.

　　In January 2021, the Zhangjiagang Court filed the case for enforcement according to law, and the subject of enforcement was 517,600 yuan.

It was later found out that the company had been approved for cancellation before the execution of the case was filed, and the legal person whose execution had been terminated lacked legal basis, so it was ruled to reject the execution application.

　　Combined with the above-mentioned facts, the procuratorial organs, in accordance with the provisions of Article 19 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the "Company Law of the People's Republic of China (2)" and the If the legal person of the person subject to execution is terminated, can the people's court directly rule on the request for changing the person subject to execution? "Reply" (hereinafter referred to as the "Reply"), holding that the company's shareholders concealed the existence of debts due to the administrative punishment when the wood company was cancelled, and provided the company with For a false liquidation report without debts and malicious cancellation of registration, the cancellation can refer to the termination conditions listed in the "Reply", and the relevant administrative penalties should still be implemented; the shareholders promise to take full responsibility for the company's remaining problems and should bear the corresponding compensation liability.

Therefore, the court should notify the Suzhou Municipal Bureau of Ecology and Environment to change the person subject to execution, and promote the implementation of administrative penalties.

　　After communicating with the court, the two parties reached an agreement on the handling of the case.

Zhangjiagang City Court immediately explained to the applicant agency, informed its rights and obligations, and applied for changing the person subject to execution in accordance with the law.

Later, the Suzhou Municipal Bureau of Ecology and Environment applied to the Zhangjiagang City Court to change the company's shareholder as the person subject to execution, and the court has taken enforcement measures against the company's two shareholders.

　　In response to the problems exposed in the case, the Zhangjiagang City Procuratorate found that this situation is not uncommon. Since 2020, more than 10 companies have been maliciously cancelled after being administratively punished, resulting in a large number of administrative fines that cannot be implemented in place. The 5 companies involved in the administrative non-litigation enforcement and procuratorial supervision cases were fined 2,007,600 yuan.

　　In order to avoid administrative penalties, these problem companies maliciously "cancelled and changed shells", exploited the "decentralization and service" reform loopholes, and disrupted the market economic order.

In order to better serve the reform of "delegating power, delegating power, regulating services", the Zhangjiagang City Procuratorate wrote a research report on the relevant situation, which attracted the attention of relevant localities.

　　"By strengthening the 'government-institution linkage', the city has promoted the city's breaking of information barriers, established a corporate deregistration information sharing mechanism and data platform, effectively safeguarded social and public interests, and deepened traceability governance. Up to now, the city has avoided malicious deregistration of 12 companies to evade administration. Punishment," said Deng Genbao, chief procurator of Zhangjiagang City Procuratorate.