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1. When I issue a receipt (arrears) slip or relevant documents, try to write all the contents by myself, and you cannot let others write the contents of the documents in order to save trouble, and you will sign the matter by yourself. Otherwise, the content of the document by others is easy to be altered or changed, and it is difficult to make judicial appraisal in the event of a dispute.
2 When you need to write a receipt (debit) note, you must have both large and lower case for the amount, because the lowercase amount is easy to be tampered with, for example, it is not difficult to change "1" to "4", "3" to "5", etc.
3. When writing the receipt (arrears) note, the distance between the words and the distance between the lines should not be too large, and the margin of the paper should not be too large; Prevent others from using their signatures to forge other documents.
4 Pay attention to the IOU so that the opposing party does not dispute the nature of the money received.
5.When issuing the above-mentioned documents or receipts (arrears), try to use your own pen and have the evidence involved in the case to facilitate the provision of evidence (witnesses).
6.When someone else issues a receipt (owed) to you, you should not only ask the other party to sign and seal, but also press the other party's handprint, so as to avoid others from changing their handwriting and writing habits afterwards, which will cause unnecessary trouble for future identification.
7.Attention should be paid to the collection and preservation of the other party's signature documents, which can provide verification for future disputes.
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Legal analysis: tampering with the contract without authorization generally does not constitute a crime, but only constitutes a contract dispute, which can be resolved through litigation.
Legal basis: Civil Code of the People's Republic of China
Article 502:Contracts established in accordance with law shall take effect upon their establishment, unless otherwise provided by law or otherwise agreed by the parties. The waiter fingered.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.
Article 503: Where a person without the right to enter into a contract in the name of the person being **, and the person has already begun to perform its obligations under the contract or accepts performance from the counterparty, it shall be deemed to be a retrospective recognition of the contract.
Article 504:Where a legal person's legal representative or the responsible person of an unincorporated organization enters into a contract beyond their authority, the representative's conduct is valid, and the contract concluded is effective for the legal person or unincorporated organization, unless the counterparty knows or should know that he has exceeded his authority.
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Legal analysis: There is not much relationship, the contract is generally in duplicate, and it is of little significance to change only one copy, and it has no legal effect.
Legal basis: Civil Code of the People's Republic of China
Article 471:When a party concludes a contract, it may take the form of an offer, acceptance, or other means.
Article 472:An offer is an expression of intent to conclude a contract with another person, and the expression of intent shall meet the following conditions:
1) The content is specifically determined;
2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.
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Analysis of the law: The Civil Code stipulates that after the content of the contract is tampered with, the content of the contract is not the true intention of the parties, so the tampered contract has no legal effect.
Legal basis: Article 143 of the Civil Code of the People's Republic of China The following conditions are valid: (1) the actor has the corresponding capacity to accept civil affairs; (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.
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Legal analysis: The Civil Code stipulates that after the content of the contract is tampered with, the content of the contract is not the true intention of the parties, so the tampered contract has no legal effect.
Legal basis: Civil Code of the People's Republic of China Article 143 Civil juristic acts that meet the following conditions are 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.
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Legal analysis: According to the provisions of China's Civil Code, tampering with the contract without authorization generally does not constitute a crime, but will constitute a contract dispute, which can be resolved by litigation.
Legal basis: Article 465 of the Civil Code of the People's Republic of China A contract established in accordance with law is legally binding on the parties to their defects. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization.
Contracts established in accordance with the law shall be protected by the law.
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According to the provisions of the Civil Code of China, tampering with the contract without authorization will generally not constitute a crime, but will constitute a contract dispute, which can be resolved through litigation.
Legal basis: Article 465 of the Civil Code of the People's Republic of China A contract established in accordance with law shall be legally binding on the parties. The parties shall perform their obligations in accordance with the agreement, and Bishan shall not change or terminate the contract without authorization.
Contracts established in accordance with the law are protected by law.
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Contract tampering is a method of fabricating facts or concealing the truth to defraud the relevant customer units of money, so contract tampering is a type of contract fraud. Tampering with a contract without permission is not a crime, but it may be suspected of committing a crime by tampering with the contract to commit fraud or other illegal acts. If a party tamperes with the contract without permission and refuses to perform its contractual obligations, it shall bear corresponding civil liability.
Tampering with a contract without permission is not a crime, but it may be suspected of committing a crime by tampering with the contract to commit fraud or other illegal acts. If a party tamperes with the contract without permission and refuses to perform its contractual obligations, it shall bear corresponding civil liability. The Civil Code stipulates that after tampering with the content of the contract, the content of the contract is not the true expression of the intention of the parties, so the tampered contract has no legal effect.
Contract fraud is manifested in the act of one of the parties to a contract deliberately fabricating false information, or distorting or concealing the true situation in order to obtain illegal benefits, so that the counterparty falls into a wrong understanding, and thus makes an expression of intent that does not conform to the meaning of the true book, and concludes and performs a contract. Judicial interpretation is that "one party deliberately informs the other party of false information, or deliberately conceals the true situation to induce the other party to make a false expression of intent". Contract fraud has a duality:
On the one hand, the actor's conduct is ostensibly legal, and the actor legitimizes his own behavior by concluding, establishing, and performing a contract; On the other hand, the actor's conduct is inherently illegal, and the actor's conduct destroys the counterparty's expression of intent and causes the counterpart to make a false expression of intent. The duality of contract fraud makes the contract achieved by contract fraud a contradiction in law, thus making it a typical illegal act of using the contract to engage in illegal activities.
Article 224 of the Criminal Law, in any of the following circumstances, in the course of signing or performing a contract, for the purpose of illegal possession, defrauds the other party's property, and the amount is relatively large, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property: (1) signing a contract with a fictitious unit or fraudulently using the name of another person; (2) Using forged, altered, or invalid bills or other false property rights certificates as security; (3) Where there is no actual ability to perform, and the other party is tricked into continuing to sign and perform the contract by first performing a small contract or partially performing the contract; (4) Fleeing after receiving goods, payment, advance payment or secured property from the other party; (5) Using other methods to defraud the other party's property.
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1. Contract tampering is contract fraudContract tampering is the method of fabricating facts or concealing the truth to defraud the relevant customer unit of money, so contract tampering is a kind of contract fraud.
II[Legal basis].1. Article 54 of the Contract Law [Revocable Contracts] One of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts: (1) concluded due to a major misunderstanding; (2) It is obviously unfair at the time of the conclusion of the contract.
If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it. 2. Article 224 of the Criminal Law [Crime of Contract Fraud] In any of the following circumstances, in the course of signing or performing a contract, the other party's property is defrauded for the purpose of illegal possession, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention and/or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment is to be given, and a concurrent fine is to be given; Where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property: (1) signing a contract with a fictitious unit or fraudulently using another person's name; (2) Secured by forged, altered, or invalidated bills or other false property rights certificates; (3) Where there is no actual ability to perform, and the other party is tricked into continuing to sign and perform the contract by first performing a small contract or partially performing the contract; (4) Fleeing after receiving goods, payment, advance payment or secured property from the other party; (5) Using other methods to defraud the other party's property.
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