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Procedural propriety is the basic principle in administrative acts, and fraudulent signatures, which are serious in nature in civil acts, cannot be staged in administrative acts. If you ignore the process under the pretext that the results are essentially the same, you will almost inevitably slide into the abyss of non-compliance.
From the perspective of administrative law, the signing of an administrative agreement requires legal procedures.
Article 11 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Agreement Cases stipulates that when a people's court hears an administrative agreement case, it shall conduct a legality review of whether the defendant's act of concluding, performing, modifying or terminating the administrative agreement has statutory authority, whether it has abused its power, whether the applicable laws and regulations are correct, whether it has complied with legal procedures, whether it is obviously improper, and whether it has performed the corresponding statutory duties. Where the plaintiff believes that the defendant has not performed the administrative agreement in accordance with law or as agreed, the people's court shall conduct a review of whether the defendant has the corresponding obligations or has performed the corresponding obligations in response to their litigation claims.
From the perspective of civil law, the contract should not be established because of the lack of true intent.
Article 143 of the General Provisions of the Civil Law of the People's Republic of China stipulates that [Elements for the validity of civil juristic acts] A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Therefore, improving administrative efficiency cannot be achieved at the expense of reducing the necessary administrative procedures.
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The crime of impersonation, the crime of fraud, if the factual basis is accurate, the crime can be characterized as the crime of deception.
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Fraudulent use of other people's documents is a fraudulent act, and if convicted, you will be criminally liable.
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You can call the police and describe how the matter has been handled by **. If the evidence is conclusive, it can also be prosecuted by the court, and the conviction will be decided by the court.
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Well, the black rider can be prosecuted for the crime of fraudulent use of documents.
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OK. Theft or fraud or contract fraud. Finally, it depends on how to finalize it.
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As long as the certificate is not my own, even if it has the same name, it has no legal effect, you can not give it, let him sue directly, and the court will give a satisfactory answer based on the review of the information provided
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First of all, you can negotiate first, you can refuse to give it to the other party, but if the other party is arrogant, you can go to the police to deal with it!
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Whether it is illegal to sign a contract in the name of a company depends on the situation. If the act only belongs to the person who has no right to do so, the contract is valid after being retroactively recognized by the person being merged, and if the person is not recognized by the person being recognized, the contract is invalid. However, if the perpetrator has the purpose of illegal possession and deliberately defrauds money, and the amount is relatively large, it may constitute the crime of contract fraud, and the crime is committed.
Legal basis: Article 171 of the Civil Code, if the actor Qila does not have the right to **, exceeds the right of **, or after the termination of the right, he still carries out the ** act, and it is not recognized by the ** person, it will not be effective against the ** person. The counterpart may urge the person being ** to make a retrospective recognition within 30 days of receiving the notice.
Where the person being ** fails to make an expression, it is deemed to be a refusal to recognize. Before the act carried out by the perpetrator is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.
Where the conduct carried out by the actor is not recognized, the bona fide counterpart has the right to request that the actor perform the debt or that the person who compromises the act compensate for the harm suffered. However, the scope of compensation shall not exceed the benefits that the counterparty can obtain when the person is recognized. Article 172:Where the actor does not have ** rights, exceeds ** rights, or still carries out ** conduct after ** rights are terminated, and the counterpart has reason to believe that the actor has ** rights, the ** conduct is valid.
It is illegal to fraudulently use another person's official seal. If the perpetrator's conduct constitutes the crime of fraud, the sentence shall be based on the amount of the fraud, and if it constitutes the crime of forging the seal of a company, enterprise, public institution or people's organization, he will generally be sentenced to fixed-term imprisonment of not more than three years, short-term detention or deprivation of political rights. >>>More
If you have registered a trademark, others can not register a similar or similar trademark in your same category, which is an infringement and can be investigated for legal responsibility and fined 5,000 or 10,000 yuan. >>>More
Fair use of copyright refers to the legal act of allowing others to freely use copyrighted works under certain conditions, without the permission of the right holder and without paying remuneration to them. >>>More
The driver's license will be confiscated, and the user will be punished for driving without a license and using a forged driver's license, detained for 15 days in accordance with the law, and fined not less than 2,000 yuan but not more than 5,000 yuan each; where a crime is constituted, criminal responsibility is pursued in accordance with law. >>>More
There are only regulations, and the specific amount of compensation should be checked according to the compensation standard regulations of your province and city. Check it out online. >>>More