Study On The Legal Issues Of The Use Of Private Seal

As an important part of the orderly operation of the market economy,the company’s efficient and orderly operation in accordance with the legal norms plays an important role in the sustainable development of China’s economy.As a symbol of the company’s will,the official seal has been widely recognized for its role and value in corporate management,business development and business cooperation.However,since the company and other economic entities came into being,the cases of abuse,private carving and misappropriation of the company seal have emerged one after another,causing a large number of civil and criminal disputes.Not only is it not conducive to the establishment of a benign market economic order,but it also greatly damages social security and runs counter to the core socialist values of integrity and harmony.Compared with other problems in the operation of the company,the theoretical circle pays less attention to the effectiveness of the official seal.However,in judicial practice,there is still no unified treatment opinion on the disputes caused by the use of the company’s official seal,especially on the effectiveness of the private seal.From the author’s point of view,this paper discusses the effectiveness of the use of private seal combined with relevant cases.The text includes the preface,the case introduction,court and the case reflects the legal issues,private printing seal the cognizance of the legal nature,use private printing official seal of the legal effect of earlier,private printing official seal on the third party to use the duty of care on evaluation of five parts: the introduction part mainly introduced the research purpose of this article,the research background and research significance;Case 1 briefly describes the basic case of construction contract between Lin Feifei and Chengdu Junhe Company and the court proceedings;Case 2 briefly describes the basic case of loan contract dispute case between Shengjing Bank Xiangshuwan Sub-branch and the court’s hearing;After three chapters is the focus of this article,mainly for private printing seal the cognizance of legal nature,use private printing official seal of the legal effect of earlier,private printing official seal on the third party to use the duty of care in three aspects are analyzed,finally the effectiveness of the conclusion part summarizes the private printing seal does not depend on its source,but whether the company is recognized,including direct recognition(prior to use)or indirect recognition,due to the composition of ostensible agency for each other,as long as it executes the reasonable prudent obligation,don’t need to take responsibility.