1. Basic case
A trading company was established in 2019. The shareholders of the company are Du, Cha and Cui, who hold 80%, 10%, and 10% of the company's equity respectively. Du serves as the legal representative. On April 15, 2022, the company submitted a pre-trial application via the Internet, applying for changing 80% of the equity from shareholder Du to Fan, 10% of the equity from shareholder Cha to Cui, and the legal representative from Du to Fan., submitted corresponding electronic materials. In the afternoon of that day, Du, Cha, Cui, and Fan completed face verification through "Certain Weixin Mini Programs." On April 18, a district administrative approval service bureau handled the change registration according to the company's application. Du and Zha filed a lawsuit in this case on the grounds of ignorance, requesting to cancel the change of registration. After identification, the Face Recognition images of "Doumou" and "Zha" when handling equity transfers through the Internet were not the person.
2. Referee result
After trial, the Qingdao City Intermediate People's Court held that the registration authority has the obligation to verify the identity of the applicant during registration. The purpose of introducing digital Face Recognition technology is to use high-tech identity recognition technology to assist in completing identity verification work. The registration authority's obligation to verify the identity of the applicant will not be waived due to the introduction of third-party technical systems. For image information that has passed Face Recognition, the registration authority still has formal review obligations. For obviously false facial image information, the registration authority should screen it and exclude it before making registration. When the registration act involved in the case was made, due to technical conditions, the third-party technical service company failed to promptly return the Face Recognition images to a district administrative approval service bureau, and the bureau failed to fulfill its review obligations in accordance with the law. Based on the fact that the Face Recognition information of Doumou and Zha was false, the change registration was decided to be revoked.
The review obligations of the administrative registration authority are not exempted due to information technology identification
The implementation of online processing for the registration of market entities and the use of Face Recognition technology systems to complete remote identity verification of relevant personnel are important measures to further optimize government services and fully release the vitality of market entities. In this case, the people's court revoked the illegal registration act in accordance with the law, reminding the administrative registration authority not to ignore the obligation to review the applicant's identity due to the introduction of third-party Face Recognition and other auxiliary identity verification systems, so as to ensure that the evidence is authentic and sufficient when the registration act is made to prevent false registration under the new situation.
