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Pretend as Twin Brother to File a Case Court: Authorization Letter Is Required for Filing Cases on Behalf of Others
[2018-04-02]

mr. guo filed a lawsuit with court against a securities company for false information which impaired his investment. however, shortly after his case was accepted, mr. guo appeared in the case filing hall againtook out his twin brothers id card to, pretending as his twin brother, sue for the same cause...

 

a few days ago, staff members of shanghai no.1 intermediate peoples court were busy in the case filing hallthe judge in ge of case filing asked the next person to go through the formalities after previous case was filed successfully. "im going to sue a securities company for defrauding me of my money. my twin brother came here this morning for the same case." looking at the slightly nervous dle-aged man who bore a strong resemblance to the man who appeared earlier that morning, the judge felt confused. what exactly has happened?

 

it turned out that on the morning, a man named guo jia had filed a case involving dispute over liability for false statement of securities. however, immediately after going through the formalities for his own case, he requested to file another case on behalf of his twin brother, guo yi, for the same cause. guo jia presented the original id card of guo yi. these two men looked just like each other.

 

the judge explained to guo jia that the case should be filed by the litigant in person. if the litigant is unable to do so under special circumstances, he must authorize his agent to do so on his behalf with an authorization letter, a certificate that proves his relationship with the agentother relevant materials. then, guo jia said that he would ask his brother to file the case in person in the afternoon.


that afternoon, a man calling himself guo yi came to the hall. the careful judge discovered that guo yi was dressed exactly the same as guo jiahis manner seemed somewhat unnatural. so, he talked with guo yi deliberately. guo yi revealed that he had been to hallinadvertently said, "ive paid the fee after filing the case in the morning", which further confirmed the judges doubt about guo yis true identity. she compared guo yis signature on the indictment with that on the litigants confirmation form for service address immediately. after carefully examination, she found that the signatures werent subscribed by the same person.

 

facing conclusive evidence, "guo yi" had to admit that he was guo jia, who came earlier that morning. as he was too lazy to get the documents as requiredbelieved that nobody could tell him from guo yi, he pretended as guo yi to file the case, but was unexpectedly recognized by the judge.

(names of persons in question are all pseudonyms)

since the previous case-filing review system was replaced by case-filing registration system, it is easier to file a caseis well received by the public. however, such convenient registration system doesnt mean a case can be filed without any necessary materials,someone can even steal the identify of anyone else to file a case.

 

the peoples court will reviewexamine the materials submitted by the party to file a case. a party who cant file a case in person for some reason may authorize someone else to do so, but an authorization letter, identity certificate of the agentother related materials shall be submitted according to relevant provisions. in no way shall the agent produce any false material, otherwise it will cause delay in case filingsubsequent trial,even hold the party acable therefor.

 

provisions of the supreme peoples court on several issues concerning case registrationfiling by peoples courts

article 6 the following materials shall be submitted by the party that files a lawsuitprivate prosecution:

...

ii. in the event of entrusted suitsuit filed by an agent, the authorization letter, the identity certificate of the agent,the identity certificate of the complaint agentother related materials shall be submitted


  (author: wang mengqian, shanghai no.1 intermediate peoples court)
 

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