What is the act of a lawyer forging the plaintiff s signature to appeal an appeal?

For appeals, the client's consent must be granted.

If the lawyer forges the client's signature and files an appeal, which is not the true intention of the client, then the lawyer's behavior is an act that violates the lawyer's profession and should be punished in accordance with the law.

1) Privately accepting entrustment, collecting fees, or accepting the client's property or other benefits;

2) Using the convenience of providing legal services to seek the rights and interests of the parties in dispute;

3) Accepting property or other benefits from the other party, maliciously colluding with the other party or a third party, infringing upon the rights and interests of the client;

4) Violating provisions by meeting with judges, procurators, arbitrators, and other relevant staff;

5) Offering bribes to judges, procurators, arbitrators, and other relevant staff, introducing bribes, or instigating or inducing parties to give bribes, or otherwise improperly influencing judges, procurators, arbitrators, and other relevant staff to handle cases in accordance with law;

6) Intentionally providing false evidence, or threatening or inducing others to provide false evidence, obstructing the other party's lawful acquisition of evidence;

7) Inciting or instigating parties to resolve disputes by illegal means such as disrupting public order or endangering public safety;

8) Disrupting the order of courts and arbitral tribunals, or interfering with the normal conduct of litigation and arbitration activities.

The parties may withdraw if they do not request an appeal.

Legal analysis: If it involves a fake contract seal, you can call the police.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 17: Clear the Chain Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 119: Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the People's Law Respondent Sun Court and the jurisdiction of the people's court receiving the lawsuit.

The lawyer's letter does not have to be signed by the person, you can entrust someone else to sign for it, because the lawyer's letter only informs you that the other party has entrusted a legal professional to deal with the legal documents of the conflict and dispute between you through legal means. A lawyer's letter refers to a professional legal document prepared and sent by a lawyer who accepts the client's entrustment to disclose and evaluate relevant facts or legal issues, and then makes a request to achieve a certain effect.

What is the difference between a legal notice letter and a lawyer's letter?

Generally speaking, the ordinary notification letter does not have the effect of law, but only serves as a warning, and if it is not dealt with after the reminder, the other party may take other actions in the next step. A lawyer's letter, also known as a lawyer's letter, refers to a professional legal document prepared and sent by a lawyer who accepts the client's entrustment to disclose and evaluate relevant facts or legal issues, and then makes a request to achieve a certain effect. A lawyer's letter has the effect of a legal model, and the issuance of a lawyer's letter can play a role as a legal proof and a de facto warning.

2. How long after the lawyer's letter is issued can a lawsuit be filed.

The law does not clearly stipulate how long after the lawyer's letter is issued and the lawsuit can be filed. And the issuance of a lawyer's letter does not mean that the lawsuit will be sent. Whether to file a lawsuit or not is subject to the court's notice of filing a case, and nothing else can be filed on behalf of the court.

A lawyer's letter refers to a professional legal document prepared and sent by a lawyer who accepts the client's entrustment to disclose and evaluate relevant facts or legal issues, and then makes a request to achieve a certain effect. If the lawsuit is accepted, the people's court shall send a copy of the reply to the plaintiff within 5 days of receiving the reply. Where the defendant does not submit a reply, it does not impact the people's court's trial.

Article 28 of the Lawyers Law of the People's Republic of China: Lawyers may engage in the following business: (1) Accepting the retention of natural persons, legal persons, or other organizations to serve as legal advisers; (2) Accept the entrustment of the parties to civil or administrative cases, serve as ** persons, and participate in litigation; (3) Accept the retention of a criminal suspect or defendant in a criminal case, or accept the appointment of a legal aid institution in accordance with law, to serve as a defender, accept the retention of a private prosecutor in a private prosecution case, a victim of a public prosecution case, or their close relatives, to serve as a ** person, and participate in litigation; (4) Accepting entrustment, ** appeals in various litigation cases; (5) Accepting entrustment and participating in mediation and arbitration activities; (6) Accepting entrustment to provide legal services for litigation that is not at a loss; (7) Answering inquiries about the law, litigation documents and other documents related to legal affairs.

Lawyer refers to the act of a party entrusting a lawyer to conduct litigation procedures in order to file a lawsuit. So, can a lawyer sign for a client during litigation business? Can a lawyer appeal a client?

OneCan a lawyer sign an appeal?

No, litigation only happens in the course of litigation. The petition requires the signature of the client.

The names of the parties must be signed in the indictment and the appellate brief, and if you sign on your behalf, the names of the parties should be signed, and the parties should know and agree.

IITypes of appellate briefs

1. Criminal appeal.

It is a litigation pleadings submitted by a party to a criminal proceeding or a legally-prescribed person who is dissatisfied with the judgment or ruling of a people's court of first instance of a case, and requests the people's court at the level above to revoke or modify the original judgment or retry it in accordance with the statutory procedures within the statutory time limit for appeal.

2. Civil appeal.

It is a written pleadings in which a party to a civil litigation is dissatisfied with a first-instance judgment or ruling of a people's court and submits an appeal to a higher people's court in accordance with the procedures and time limits prescribed by law, requesting that the original judgment or ruling be revoked or modified, or that the trial be rehearsed.

3. Administrative appeals.

It is a legal document in which a party to an administrative litigation is dissatisfied with a ruling or judgment made by a court of first instance in an administrative case, and appeals to the court at the next higher level within the statutory time limit, requesting that the original judgment be revoked or modified.

It must be brought against the first-instance ruling or judgment of the local people's court at any level, which includes two meanings: it can only be brought against the judgment made by the local people's court at all levels, that is, the people's court below the higher level, and the judgment made by the Supreme People's Court cannot be appealed; Appeals can only be filed if they are dissatisfied with the first-instance judgment of the people's court, and China's courts implement a two-instance final adjudication system, and the second-instance judgment is the final judgment, and no further appeals may be filed.

If it is a second-instance judgment, it cannot be appealed because it has been determined to be a final judgment, and the defense statement is generally handled and determined by the defender within the scope of the law.

IIIWhat are the statutory conditions for an appeal

1. There must be a qualified appellant and an appellee.

2. It must be a judgment ruling that allows an appeal in accordance with the law.

3. Meet the statutory appeal period.

Article 147 of the Civil Procedure Law stipulates that if a party is dissatisfied with the first-instance judgment of a local people's court, he or she has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment, and if a party is dissatisfied with the first-instance ruling of the local people's court, he has the right to appeal to the people's court at the next higher level within 10 days from the date of service of the ruling. The time limit for appeal shall be calculated from the second day after the judgment and ruling are served on the parties.

Where the judgment or ruling cannot be served on the parties at the same time, the time limit for appeal is calculated from the day after each party receives the judgment or ruling.

The above is the relevant content compiled for you about whether a lawyer can sign an appeal. **If the lawyer is specially authorized by the client, he can appeal on his behalf. However, the signature of the parties in the appeal petition cannot be signed on behalf of the defendant, and the defendant shall sign it on his own.

Summary. Kiss! Hello <>

If you forge a signature to participate in the lawsuit, the judgment is invalid. Article 148 of the Civil Code provides that if one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Article 149:Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should have known of the fraudulent act, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

Is the forged signature valid to participate in the lawsuit.

Kiss! Hello <>

If you forge a signature to participate in the lawsuit, the judgment is invalid. Article 148 of the Civil Code provides that if one party uses fraudulent accusations to investigate Duan Zaoheng, causing the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Article 149:Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should have known of the fraudulent act, the defrauded party has the right to request that the people's court or arbitration institution revoke it.

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Whether it is a contract or agreement that forged signatures to participate in the lawsuit.

It is an offence punishable by fines and judicial detention.

Article 102 of the Civil Procedure Law of the People's Republic of China stipulates that where litigation participants or other persons falsify or destroy important evidence, obstruct the people's court from hearing a case, or use violence, threats, or bribery to prevent witnesses from testifying, or instigate, bribe, or coerce others to give false testimony, the people's court may, according to the severity of the circumstances, impose a fine or detention; where a crime is constituted, criminal responsibility is pursued in accordance with law.

1. What should I do if the court provides false evidence after the case is filed?

1. With the permission of the court, the parties may ask questions to witnesses, evaluators, and inquest personnel. Persons who have closed witnesses, evaluators, and inquest witnesses must not use threatening, insulting, or inappropriately guiding witnesses in words or methods.

2. If the other party has forged evidence, you can point it out in the evidence cross-examination stage, and if the other party insists on asserting, you can apply for appraisal (such as forging your signature) if necessary to protect your legitimate rights and interests.

3. The court has a 'cross-examination' procedure in the trial, in which the facts of the 'perjury' can be 'challenged' [it is best to prepare the evidence for cross-examination, that is, the handwriting related to the perjury, etc.], and require the witness to be present. If the court does not accept it, it can take the protest channel or apply for litigation against the witness.

4. Where a party has real difficulties in submitting evidence within the time limit for the presentation of evidence, it shall apply to the people's court for an extension of time to present evidence within the time limit for presenting evidence, and with the permission of the people's court, the time limit for presenting evidence may be appropriately extended. Where the parties still have difficulty submitting evidentiary materials within the extended time limit for presenting evidence, they may submit another application for an extension, and the people's court will decide whether to approve it.

5. When cross-examining evidence, the parties shall question, explain and refute the authenticity, relevance and legitimacy of the evidence, and whether the evidence has probative force and how much probative force it has.

6. Cross-examination shall be carried out in the following order:

1) The plaintiff presents evidence, and the defendant, third party, and the plaintiff conduct cross-examination;

2) The defendant presents evidence, and the plaintiff, the third party, and the defendant conduct cross-examination;

3) The third party presents evidence, and the plaintiff, defendant, and third party conduct cross-examination.

7. The evaluator shall appear in court to accept the parties' questioning. Where evaluators are truly unable to appear in court for special reasons, they may respond to the parties' questions in writing with the permission of the people's court.

8. The parties may apply to the people's court for one or two persons with specialized knowledge to appear in court to explain the specialized issues in the case. Where the people's court approves the application, the relevant fees are to be borne by the party making the application. Adjudicators and parties may question persons with specialized knowledge who appear in court.

With the permission of the people's court, persons with specialized knowledge may be confronted on issues in the case by persons with specialized knowledge applied by each of the parties. Persons with specialized knowledge may question the appraiser.