| Influenced by Chinese traditional official seal culture,seal is a kind of power and right appearance with Chinese characteristics.Chinese people always have a high faith in seal,and believe that both parties’ transactions or contract signing must be completed by stamping.However,in practice,it is not uncommon for the actor to hold false forged or privately engraved seals for external activities,which also leads to the identification dispute of apparent agency.Then,does the seal absolutely constitute the right representation of apparent agency? Is the forgery of private seal in practice attributable to me? In the case of a seal,how does the judiciary need to consider the goodwill of a third party? Does the seal of different industries play the same role in appearance? All these problems need deep empirical research before they can be explained.For this reason,this paper attempts to start from the discussion of the effectiveness value of the seal,pay attention to the function of the seal in the legal context of our country,as well as the determination standards and rules of the judicial organs for the apparent agency disputes related to the seal,so as to have a deeper understanding of the seal and the apparent agency system of our country.For this reason,this paper studies 108 apparent agency disputes involving seals in the past five years.The general conclusion of this paper is as follows: first,in the past five years,the apparent agency judicial determination is undergoing a process of disenchantment of seals,that is,the court’s superstition on seals has subsided,and the judge no longer infers the authenticity of legal acts by simply sealing or the authenticity of seals;second,compared with the attention to the authenticity of seals,the court is more inclined to infer the authenticity of legal acts from the transaction habits,the actual performance of contracts,and the relationship between them In order to meet the judicial needs of increasingly complex market transactions,it is necessary to infer the true intention of the parties and the goodwill of the third party from the perspective of the duty of care;thirdly,the seal does bring certain convenience to economic life,and the credit system related to the seal formed in China for a long time will not change easily,so it still has a long time in the Chinese context Existence value.We should have a correct and rational understanding of the seal and "recognize both the seal and the person",so that the seal can serve us better.The specific structure of this paper is as follows:The introduction chapter mainly describes the writing ideas and main contents,summarizes the research status at home and abroad,and expounds the research methods and innovations of this paper;The first part is the question,which mainly expounds the reason of seal superstition in our country,and puts forward some thoughts on the dispute of apparent agency identification caused by the judgment of seal validity value in practice,combs the legislative status of seal and apparent agency in our country,and explains the reason of seal superstition in our country from three aspects;The second part mainly analyzes the theoretical framework of seal and agency by estoppel from the perspective of appearance,and makes a theoretical foreshadowing for the elements of agency by estoppel,and analyzes the relationship between seal and appearance;The third part is the core part of this paper.It mainly makes an empirical analysis of the apparent agency dispute cases related to the validity value dispute of seal.There are 108 judgments from China judicial document network and Weike advanced legal database.Specifically analyze the court’s judgment ideas,pay attention to the court’s attitude and judgment on the effectiveness value of the seal in the process of apparent agency identification;The fourth part is from the perspective of seal,the reflection and reconstruction of China’s apparent agency system.Through the empirical analysis of the third part,the main concerns of the court in the process of identifying agency by estoppel,as well as the recognition degree of the seal in this process are clarified.Based on the combing of the legal nature of the seal in the previous article,the influence and significance of the seal on the system of agency by estoppel in China are summarized.In order to improve Chinese people’s rational understanding of seals,promote the safety of civil and commercial transactions,maintain market order,optimize the path of apparent agency judicial determination,in order to provide some contribution and thinking for the theoretical and practical circles. |
