Working a "part-time job" became a "legal person" for no reason, and a problematic company appeared in his name.
The phenomenon of "being a legal person" brings debt, credit and other crises to workers, affecting their job search, employment and life.
Our reporter Li Guo
"Worker Daily" (page 06, April 8, 2024)
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Some criminals use the guise of recruiting part-time jobs to defraud college students' identity information to register companies, allowing these students to become the company's legal representatives without their knowledge. As a result, they are hindered in finding jobs and even owe money.
A few days ago, when Zhou Heng (pseudonym), a Chongqing citizen, was checking his credit score to buy a car on loan, he suddenly discovered that there was a trading company under his name, and the company still had an outstanding bank debt. "After my friend learned about it, he joked that I had received a 'windfall' and turned into 'Mr. Zhou.'" Faced with his friend's joke, Zhou Heng smiled bitterly and said, "What is a 'windfall' is clearly a 'windfall.'"
After some inquiries, Zhou Heng discovered that it turned out to be a part-time job experience during his college years, and his identity information was accidentally leaked and used fraudulently.
The reporter's interview found that Zhou Heng's experience was not an isolated case. In recent years, with the continuous advancement of the reform of the commercial system, company registration procedures and processes have become increasingly convenient. However, some criminals have used other people's identity information to defraud company registration. In particular, they have taken advantage of the inexperienced weaknesses of college students and induced them to leak information in the name of part-time jobs. personal information, allowing them to become the legal representative or executive of the company without their knowledge. Some victims were hindered from finding jobs and even faced debt arrears.
Part-time jobs seem easy, but in fact there are pitfalls
Zhou Heng, 23, is a designer at an advertising company in Chongqing. In December 2023, after working for just half a year, he planned to buy a car with an installment loan. After signing the contract, the salesperson informed him that there was a problem with his credit report and he could not get a loan.
"I was confused at the time and immediately went to check the credit report." Zhou Heng said that after checking, he found out that there was a trading company in Sichuan Province under his name, registered in 2021.
"I was still in college at that time and had never registered a company." Zhou Heng suddenly panicked. After some thinking, he remembered that at that time, he saw someone in the part-time job group looking for part-time jobs. The job was very simple. He could "fill the field" by certifying small programs, which could be done in a few minutes, and he could earn a commission of 70 yuan at a time.
Zhou Heng said, "The other party did not explain clearly how to authenticate or what work to do. They just told me that someone would give me face-to-face guidance." The next day, Zhou Heng met a woman who called herself Sister Zhang outside the school. Under the guidance of the other party, he logged into Alipay and performed face recognition.
"After I logged in, I handed my phone to Sister Zhang. She operated the entire authentication process alone. I didn't know what the other party did. She also gave her her ID card in the process." Zhou Heng recalled that the entire authentication process only took After working for seven or eight minutes, I finally got a commission of 100 yuan. Later, he also took several part-time jobs for "activating programs" and "registering public accounts", all of which required ID cards and facial recognition.
After discovering that there was a company under his name, Zhou Heng went to the police station where he temporarily lived to report the case, and was told that "this matter must be reported to the industrial and commercial department." Later, he made a special trip to Chengdu and was told that he had to first file a case with the public security department or go through administrative litigation before his registration could be revoked.
"With the mentality of giving it a try, I found the company's registered address. Fortunately, the company is still operating. The other party admitted the fact that the identity was used falsely and agreed to change the legal person. This solved the problem." In January this year , which lasted for more than a month, Zhou Hengfang escaped from this incident.
"Being a legal person" affects employment
People like Zhou Heng who are "legalized" because of their part-time job often happen. Another Chongqing college student who had this experience, Li Hai (pseudonym), said that he had previously passed an interview with a company in Chongqing and reached an employment intention with the company. However, during the background investigation stage, because he had multiple companies under his name, and Some of the companies involved were included in the list of operating abnormalities, which prevented the recruitment process from advancing.
"Although the employer agreed to my postponement of joining the company, I still hope that the matter can be resolved as soon as possible." After Li Hai learned that he had a company under his name, he immediately reported it to the relevant departments. In mid-March this year, the Chongqing Yuzhong District Market Supervision and Administration Bureau, where one of the companies was registered, responded that it had begun an investigation and would make relevant administrative decisions in accordance with the law.
During the interview, some college students said that because they had become a legal person without knowing it, they were restricted from applying for jobs and taking civil service and public institution examinations.
Zhou Heng said frankly that after the matter was successfully resolved, he searched for relevant information on the Internet and joined several rights protection groups. He found that most of the victims of "being legalized" faced difficulties such as the company being an "empty shell" and being unable to contact anyone. They can only stop losses by canceling the company. However, in order to cancel the company, the tax and market supervision departments require that the tax be paid first and then the company be canceled according to the procedures.
"I went to the police station, industrial and commercial bureau, and tax authorities countless times, but could not solve it." She Nan (pseudonym), a victim who is defending his rights, told reporters that a staff member from the relevant department suggested that he sue the registered company. , "I am a legal person, should I sue myself?"
Many victims said that during the process of defending their rights, the response of relevant departments ultimately required them to prove that "I am not who I am."
The reporter learned that the State Administration for Market Regulation had already discovered that a small number of criminals had fraudulently used other people's identity information to obtain company registrations, and issued a document in June 2019 requiring the market regulatory authorities to carry out the work of revoking fake registrations.
"The difficulty is how to prove that you have been impersonated." Li Jian, a lawyer at Beijing Deheng (Chongqing) Law Firm, believes that these people are subjectively unaware, but the actual situation is equivalent to actively performing facial recognition and signing to agree to register the company. , but I didn’t know its use at the time. It cannot be revoked without the consent of the tax department to avoid tax evasion.
Personal information protection is urgent
"Reselling personal information such as ID cards and face authentication videos has formed a 'grey industry chain' for buying and selling personal information." Chen Bin, the head of a financial agency company in Chongqing, revealed that although relevant departments have stepped up their crackdowns, this Ash production has not been effectively curbed.
Chen Bin gave an example. After ID card information changes hands among criminals, the price will increase several times. Some ID cards are purchased for 5 yuan and are usually sold for 100 to 200 yuan. If there is a matching ID card, facial recognition videos, the price is as high as thousands of yuan.
Li Jian reminded that if your identity information is used by others to register a company, you will face great legal risks if you become a legal person or shareholder of another company. You may face debt liability, and your personal credit and investment operations may also be affected. If the company commits any illegal or criminal acts, the company's legal person may face corresponding legal liability. He suggested that taxation, market supervision, public security and other departments should jointly investigate and allow cancellation or allow victims to cancel the company in other ways.
"The frequent occurrence of 'being a legal person' reflects the lax control over the company registration process and also shows that personal information protection is urgent." said Mo Yuanming, a professor at Chongqing Technology and Business University.
He suggested that, on the one hand, the legislative branch should speed up the improvement of laws and regulations on personal information protection, clarify the legal liability for information leakage and abuse, and increase the cost of violating the law. Strengthen the supervision of platforms involved in the collection and processing of personal information. On the other hand, market supervision departments should strictly review the registration materials of market entities and establish an early warning mechanism; taxation, industry and commerce, public security and other departments should strengthen linkage and establish a citizen identity information sharing mechanism. In addition, it is necessary to open channels for rights protection and provide legal aid to victims whose identity information has been fraudulently used.