Legal Effect Of Official Seal Study In The Field Of Judicial Appraisal

Official seal is widely credited with mean absolute symbol of power,or both in a legal trading habits,rely on build official seal to prove the meaning of legal person,said the official seal seals to carry its document authentication.However,the lax internal management of the unit and the lag of mandatory legal regulations lead to the prominent problems of seal management such as private seal engraving and misuse of official seal,and the resulting disputes are not a few.The demonstrative effect of the seal on the expression of the unit’s intention is no longer absolute: the true seal does not represent the truth of the agreement,and the forged seal cannot be presumed to be invalid.Judicial practices also disagree on the handling of disputes related to the seal.How to determine the legal effect of the seal in different types of cases?What are the problems in practice? All these need to discuss the countermeasures from theory and practice.From the perspective of judicial appraisal,this paper,with the help of judicial appraisal examples of seal seals and the platform of China adjudication documents net,studies the classification of seal forms and official seal disputes,and explores how to determine the effectiveness of official seals in different types of cases.At the same time,in view of the problems existing in the process of determining the effectiveness of the official seal in judicial practice,constructive Suggestions are put forward to improve the fairness and scientific nature of the certification process and results.In addition to the introduction and conclusion,this thesis is divided into five parts:The first part: The legal effect of seal.Through the introduction of the concept of the seal and its legal effect,to clarify its connotation and extension,to help understand the legal effect of the seal this paper central topic.This part is divided into three sections: the first section introduces the meaning of official seal and related requirements for its engraving,storage and use;Section two introduces the connotation of the legal effect of the seal from the perspective of the binding object of the seal.The third section introduces the embodiment of the seal from its representational and demonstrative functions.The second part: The typification analysis of the issue of official seal from the perspective of judicial expertise.Based on the different forms of seal on the Chinese books of judicial appraisal,this paper makes a classified study on the disputes of official seal.The third part: The classification of judicial practice on the legal effect of official seal.With the help of the judgment documents published online in China,this paper explores how to determine the legal effect of different types of official seals in judicial practice.The fourth part: The influence of the formation of the official seal on its legal effect.On the basis of the above analysis,this paper analyzes and summarizes the influence of different forms on the effectiveness of the official seal,and explains the relationship between the authenticity of the official seal and the authenticity of the agreement,whether the illegal seal indicates that the agreement is invalid,whether the unit uses the non-record official seal,and whether the ink after the ink affects the effectiveness of the official seal.The fifth part : The problems existing in the process of the court’s determination of the effectiveness of the official seal and the countermeasures.From the perspective of appraisal,based on the above research results and the typical examples in judicial practice,this paper reflects on the existing problems in the effectiveness process of the court’s recognition of the official seal,and discusses countermeasures from the aspects of theoretical construction and practice in order to improve the fairness and scientificity of the court’s recognition process.