Is there any way to solve the phenomenon of misuse, misappropriation, fraudulent use and abuse of se

In order to solve the chaos of illegal use of seals, it is necessary to understand the causes of it first, and then find solutions.

1. Reasons for the chaos in the use of seals:

Cause. 1. Environmental impact: Internet technology expands the business scope of enterprises indefinitely, and the way of signing contracts with physical seals cannot be adapted in terms of transmission speed and cost control;

Cause. 2. Conceptual influence: the use of physical seals and management systems are deep-rooted, and a long "transition period" is needed for new seals and management methods;

In a word, the old seal usage model is out of touch with the rapidly evolving era, while the new seal management model conflicts with deep-rooted concepts. Therefore, enterprise organizations need a new model of seal management that can "connect the previous and the next".

Feature 1: Meet the traditional seal use habits and management habits;

Feature 3: Solve the problem of efficiency and risk control of seal use in the Internet environment, and ensure the validity of the contract after sealing.

According to the above-mentioned enterprise seal management needs, a variety of seal use and management programs can solve the chaos of using seals in violation of rules and disciplines

Measure 1: Electronic signature technology uses identity authentication, information encryption and other technical means to realize that the signature identity can be identified and the signed content cannot be tampered with, so as to solve the potential security risks caused by seal counterfeiting. Through online signature verification, the parties to the contract can quickly identify the authenticity of the seal and the contract, and improve the risk prevention ability;

Measure 2: An electronic seal management platform can be built for users. Enterprises can configure different seal use or management permissions for personnel according to their different job functions.

In the same way, the file types that can be used for different seals can also be configured through the background, and the approval and seal use process can be set up, so as to realize the "mastery" of the seal use authority in the hands of a small number of people, and the seal use process can be traced, so as to eliminate misuse and theft;

Measure 3: Record and store the data of each seal use (such as the seal user, seal use documents, seal use times, use time, etc.) in real time to provide credible evidence for enterprise seal audit. Improve the problems such as incomplete records of paper seal ledgers, and prevent and solve the abuse of seals.

Digital certificates. Ordinary seals, in fact, ordinary people cannot be identified. Digital certificates are different, and anyone can do identification, including the time of the chapter.

In the past, it may be that the seal is not in the hands of the person responsible, and the seal must be registered and signed, so the digital certificate can be pinched by its own hands, and if necessary, it can be directly operated by itself, which is not wrong to use, steal, fraudulently use, and abuse.

Analysis of the legal quarrel:

There is no need to be responsible for the infiltration, and the actor is responsible.

If the personnel of the unit use the official seal without the knowledge of the legal representative, the legal representative does not need to be held responsible, but the legal person is responsible for this.

It is only after assuming responsibility that compensation can be recovered from the perpetrator. If the person using the official seal is an employee of the company, it will form an appearance**, and the company will be liable. If another person steals the official seal without the knowledge of the company legal person, it is determined according to the consequences caused and the identity of the person who misappropriated it, and whether its behavior constitutes a superficial appearance, if it constitutes an apparent appearance, the company legal person shall bear the corresponding responsibility, but can recover from the actor.

Legal basis]:

Provisions on Several Issues Involving Suspected Economic Crimes in the Trial of Economic Dispute Cases》 Article 5: The perpetrator steals or misappropriates the official seal of the unit, the letter of introduction, the blank contract with the official seal, or privately engraving the official seal of the unit to sign an economic contract.

Where property obtained by fraud is in personal possession, use, or disposition, or other criminal activities constitute a crime, the unit does not bear civil liability for the economic losses caused by the perpetrator's criminal conduct.

The perpetrator privately engraved the official seal of the unit or used the official seal of the unit, a letter of introduction, or a blank contract with the official seal of the unit to sign an economic contract without authorization.

Where the unit is clearly at fault, and there is a causal relationship between the wrongful conduct and the victim's economic losses, the unit shall bear responsibility for compensating for the economic losses caused by the criminal conduct in accordance with law.

Legal Analysis] The crime of forging a seal is an act offense, that is, as long as such an act is committed, it constitutes a crime. As far as the user is concerned, if he knows or should know that the seal is forged and uses it, he is an accomplice and may be investigated for criminal responsibility for the crime of forging the seal. It should be noted that if the forged seal unit does not exist, neither the forger nor the user shall constitute a crime.

As long as the perpetrator commits the act of forging the seal of a company, enterprise, public institution, or people's organization, in principle, it constitutes a crime and shall file a case for investigation. Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and shall also be fined. Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, detention, controlled release, or deprivation of political rights; where the circumstances are serious, the sentence is between three and ten years imprisonment.

Whoever forges the seal of a company, enterprise, public institution, or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, detention, controlled release, or deprivation of political rights.

Legal basis] Article 280 of the Criminal Law of the People's Republic of China: Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights, and a concurrent fine; where the circumstances are serious, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given. Whoever forges the seal of a company, enterprise, public institution, or people's organization is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and a concurrent fine. Whoever forges, alters, or buys or sells resident identity cards, passports, social security cards, driver's licenses, or other documents that may be used to prove identity in accordance with law is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights, and a concurrent fine; If the circumstances are serious, the sentence is to be between three and seven years imprisonment and a concurrent fine.

Article 280-1: Where forged, altered, or stolen other people's resident identity cards, passports, social security cards, driver's licenses, or other documents that can be used to prove identity in accordance with law are used in activities where proof of identity shall be provided in accordance with state provisions, and the circumstances are serious, short-term detention or controlled release is to be given, and/or a fine. Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing. Article 280-2 Whoever steals or fraudulently uses the identity of another person to substitute for the higher education admission qualifications, civil servant employment qualifications, or job placement benefits obtained by others, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and a concurrent fine.

Where others are organized or instructed to carry out the conduct in the preceding paragraph, a heavier punishment is to be given in accordance with the provisions of the preceding paragraph. Where state employees commit the conduct in the preceding two paragraphs, and another crime is constituted, punishment is to be given in accordance with the provisions on combined punishment for multiple crimes.

Legal Analysis: If the circumstances are serious, criminal responsibility will be borne. Misappropriation of official seals is the crime of stealing, snatching, or destroying the public source of potato documents, certificates, or seals of state organs, and where the circumstances are serious, short-term detention or controlled release is to be given, and/or a fine.

Legal basis: Criminal Law of the People's Republic of China Article 280 Whoever forges, alters, buys, sells, or steals, snatches, or destroys official documents, certificates, or seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights, and shall also be fined if the penalty is serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

All seals and notarizations of the unit must be filed with the public security.

Article 32 of the Contract Law stipulates that "if the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign or affix their seals"; Article 59 of the Civil Procedure Law provides that "when entrusting another person to litigate on behalf of the client, a power of attorney signed or sealed by the client must be submitted to the people's court".

This is to establish a strict punishment system.

You'll have to limit the amount of stamps you can make to prevent it.

To put it more simply, the seal is installed in the smart device, and the seal is effectively avoided through equipment control and supervision, which effectively avoids the violation of the use of the seal at will and the use of the seal beyond its authority.

**Among them is the portable smart stamp machine that we use every day, and the stamp is used externally, and it can also be controlled remotely.

In addition, there is a desktop smart seal machine, you can see more relevant information to understand, the smart seal system is basically a more efficient and safe way to manage seals.

Generally, the company's seal is owned by the company's finances and the competent authorities.

Dedicated personnel, special care, division of responsibilities.

Dedicated management, each stamp registration record.

I saw on the TV news some time ago that a relatively intelligent device in the world is to put the documents you need to stamp on the transmission device for admission, and if it passes the review, the machine will automatically open the store, so that the clerk will not have access to the seal, and the abuse of the seal can be avoided to the greatest extent.

Generally, the seals are in charge of special personnel, and he is responsible for everything that happens.

Only these few people can get the seal, and no one else can use it.

Just like the lock company, the public security bureau will be good for the record.

Through the supervision of market management, we can better wait for this phenomenon of indiscriminate use of seals, and the state will increase the intensity of supervision over such industries, and through the supervision of market management, we can better wait for this phenomenon of indiscriminate use of seals.

It is necessary to put an end to the abuse of seals, resulting in the phenomenon of relatively arbitrary use of seals.

That is what everyone needs to pay attention to.

1. The risk of unauthorized engraving. The engraving of the seal shall be approved by the leader of the unit, and the seal shall not be engraved without approval.

2. The risk of not engraving the seal in the unit designated by the public security organ. If the seal is engraved in the unit designated by the public security organ, it can be directly filed with the public security organ, and the authenticity of the seal can be verified when it is necessary to identify the authenticity of the seal in the future.

3. The risk of unauthorized use. The use of the seal must be approved by the relevant department, and cannot be used without approval, let alone on a blank letter of introduction or paper.

4. The risk of going out with a seal without authorization. The seal cannot be left by the custodian or taken out without authorization, and under special circumstances, a seal supervisor shall be appointed after approval to carry it out.

5. There is a risk of not establishing a seal use ledger and no original evidence inquiry.

First of all, the state has strengthened the supervision of such industries, and through the supervision of market management, it can better prevent this phenomenon of indiscriminate use of seals.

A system of recording the use of seals could be established, so that arbitrary use could be avoided.