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No. 8 of Ten Model Cases regarding Economic Administration Tried by People's Courts Punished by the Supreme People's Court: Qingdao Aoguangtong Mechanical Construction Co., Ltd. v. Administrative Department for Industry and Commerce of Jimo City (case about administrative nonfeasance)
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最高人民法院发布10起人民法院经济行政典型案例之八：青岛遨广通机械施工有限公司诉即墨市工商行政管理局行政不作为案
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No. 8 of Ten Model Cases regarding Economic Administration Tried by People's Courts Punished by the Supreme People's Court: Qingdao Aoguangtong Mechanical Construction Co., Ltd. v. Administrative Department for Industry and Commerce of Jimo City (case about administrative nonfeasance)
(case about administrative nonfeasance)
最高人民法院发布10起人民法院经济行政典型案例之八：青岛遨广通机械施工有限公司诉即墨市工商行政管理局行政不作为案
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| No. 8 of Ten Model Cases regarding Economic Administration Tried by People's Courts Punished by the Supreme People's Court: Qingdao Aoguangtong Mechanical Construction Co., Ltd. v. Administrative Department for Industry and Commerce of Jimo City (case about administrative nonfeasance) | | 最高人民法院发布10起人民法院经济行政典型案例之八：青岛遨广通机械施工有限公司诉即墨市工商行政管理局行政不作为案 |
| (1) Basic Facts | | （一）基本案情 |
| On March 9, 2014, Qingdao Aoguangtong Mechanical Construction Co., Ltd. (hereinafter referred to as “Aoguangtong Company”) filed a tip-off that Wang and Yao forged the business license and other certificates of Aoguangtong Company with the Administrative Department for Industry and Commerce of Jimo City, and borrowed a loan in the name of Aoguangtong Company. It requested the Administrative Department for Industry and Commerce to investigate the two persons' acts of forging the official seal and business license. On March 19, 2014, the Administrative Department for Industry and Commerce of Jimo City investigated Sanlizhuang Sub-branch of Qingdao Rural Commercial Bank Co., Ltd. and proved that Wang once borrowed a loan from this Sub-branch in the name of Aoguangtong Company. On March 21, 2014, the Administrative Department for Industry and Commerce of Jimo City issued a written notice on not docketing the case and held that the tip-off items of Aoguangtong Company were not within the scope of its jurisdiction mainly on the following grounds: Aoguangtong Company failed to provide information on the business operations of the persons against whom the tip-off was made in the name of Aoguangtong Company, the persons against whom the tip-off was made failed to be found upon repeated contacts, and it was a debtor-creditor relationship between the persons against whom the tip-off was made and the bank, which fell under the jurisdiction of the China Banking Regulatory Commission (“CBRC”). On June 30, 2014, in the relevant correspondence, Qingdao Office of the CBRC mentioned that in the Inquiry Results of Registration Information of Private Enterprises with the official seal of the Administrative Department for Industry and Commerce of Jimo City (printed on July 12, 2013) and other credit materials, information on the legal person of Aoguangtong Company was inconsistent with that registered in the Administrative Department for Industry and Commerce of Jimo City. Aoguangtong Company filed a lawsuit with the court against the Administrative Department for Industry and Commerce of Jimo City and requested the court to revoke the notice on not docketing the case issued by the Administrative Department for Industry and Commerce of Jimo City, order the Administrative Department for Industry and Commerce of Jimo City to legally investigate Yao and Wang's illegal activities of forging the business license, carving an official seal without authorization, and engaging in illegal business operations, and revoke the Inquiry Results of Registration Information of Private Enterprises illegally issued by the Administrative Department for Industry and Commerce of Jimo City on July 12, 2013. During litigation, the Administrative Department for Industry and Commerce of Jimo City revoked the aforesaid notice on not docketing the case. | | 2014年3月9日，青岛遨广通机械施工有限公司（以下简称遨广通公司）向山东省即墨市工商行政管理局（以下简称市工商局）举报王某、姚某伪造营业执照等证件，冒用该公司名义贷款，请求市工商局对两人伪造公章及营业执照的行为进行查处。2014年3月19日，市工商局调查了青岛农商银行股份有限公司三里庄分理处，证明王某曾以遨广通公司名义在该分理处贷款。2014年3月21日，市工商局作出不予立案通知书，认为遨广通公司举报事项不属于该局管辖范围，主要理由是：该公司未能提供被举报人以其名义对外经营的情况，经多方联系未能找到被举报人，被举报人与银行是借贷关系，应由银监会管辖。2014年6月30日，中国银行业监督管理委员会青岛监管局在有关函件中提及，加盖市工商局公章的《私营企业登记信息查询结果》（打印日期为2013年7月12日）等信贷材料中企业法人信息与市工商局登记的情况不符。敖广通公司将市工商局诉至法院，请求撤销该局的不予立案通知书，判令该局对姚某、王某伪造营业执照、私刻公章、非法经营的违法事实依法查处，撤销该局2013年7月12日违法出具的《私营企业登记信息查询结果》。诉讼期间，市工商局自行撤销了上述不予立案通知书。 |
| ．．．．．． | | ．．．．．． |
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