Research On The Legal Validity Of The Seal Of The Company

Seal has a long history,in the process of historical development of Chinese society has an important status.Characterization of its rich functionality and the use of the unique value after one thousand years long.Even today,with rapid development of social economy and culture,company seal is also an integral part of our country company entity,its function and value is also approved by the general public.Of course,the seal is not remains the same.The man coming from the status in the society of man with contract society emerging social organization body combined with the company seal is less than one hundred years.During the encounter many difficulties and challenges.At present,with the high and new technology represented by 3D printing technology emerge in endlessly,the realization of the fake company seals can be low cost.Company seal characterization of universality and main body of economy,make the company seal will deviate from the company and self-seeking great temptation.Company seal external use disputes emerge in endlessly.But due to the lack of legal norms,the theoretical circle less attention on the company’s seal,that make the company seal and the legal nature of the external use of status is not clear.In the judicial practice on the company’s seal dispute disposal,even for the same type of disputes appear the opposite of judicial precedent.This had to cause we use of company seal foreign legal problems in thinking.To thingk about the legal nature and status of company seal and how to solve external use issue? Based on this,this paper is divided into five sections:The first part is the seal of the origin and evolution.By reviewing the source of the origin,development of seal function,value,and to explore the combination of seal with the company seal to the traditional sense of the company seal of the inheritance and development.Combined with the present situation of the company chop the company seal main problems in the process of external use: legal nature and status is not clear,unable to agree to settle disputes.The second part to explore the external use of company seal of the legal nature and status.To clarify the company seal and the relationship between the company’s legal representative or agent system and the use of corporate seal to legal interpretation.As below for the company’s seal provides the legal basis of regulating the legal dispute.The third part is the analysis company seal external use dispute.According to the characteristics of the dispute and to put forward the dispute of the two big dispute focus: The first,company seal use whether to follow the will of the company differentiate class controversy;Sendly,whether in violation of the company will protect the other party trust protection class controversy.The fourth part use preliminary evidence rule solve discrimination class controversy.The meaning of this preliminary evidence rule,Value that preliminary evidence rule in differentiate class debate and its basic requirement.And to differentiate class dispute of judicial solution to provide the specific methodology.The fifth part in the perspective of ostensible agency to investigate trust protection class of the dispute.Of the agency by estoppels system are analyzed in conjunction with such dispute in conflict resolution.And put forward some concrete amendments.For the conflict class provides the flexibility of the dispute judicial implementation.