Research On The Judicial Judgment Of Contracts Validity With Non-recording Seals

The non-recorded seal is a concept opposite to the registered official seal.It refers to a company seal that has not been filed with the public security organ.Among them,the types of non-recorded seals include multiple sets of seals,invalid chapters,privately carved seals,and forged seals.In recent years,the number of cases of non-recorded contract validity has increased year by year,and it is still at a high level.The second instance rate of such cases is quite high,which shows that the courts at all levels have failed to reach a consensus on the judgment ideas of such cases.From the perspective of the cases judged by the Supreme People’s Court in recent years,there are two attitudes towards non-filing seals,and in the mainstream thinking,there are also different ways of determining the validity of contracts.Especially after the "Minutes of the National Civil and Commercial Trial Work Conference of the Courts" was released,"Understanding and Application of Minutes of National Civil and Commercial Trial Work Conference of Courts" made clear the principle of " only investigating person’s identity without investigating seal ".This principle not only excludes the possibility of non-recorded chapters having an impact on the validity of the contract,but also excludes filing The possibility of the official seal affecting the contract.Today,when many scholars are still questioning the over-absolute effectiveness of the official seal,whether it is reasonable to remove the official seal from the commercial society with such an aggressive trend is debatable.In view of this,two questions have been conceived: one is whether to look at the chapter(nature)in such cases;second,if it is necessary to look at the chapter,what impact will the non-recorded chapter have on the validity of the contract.Empirical analysis is the main method to study chapter-related cases,because the phenomenon of official seals is extremely social,and case judgment is the most appropriate.By combing the basic theories of the official seal,especially on the basis of the understanding of the effectiveness of the official seal and the significance of the function of the seal,combined with the Supreme People’s Court’s inertial judgment of such cases in recent years,the conclusion of the first round of value judgments is drawn.After the rest,the non-registration chapters and related elements are considered as a whole,and the changes in the effectiveness of the contract are examined in order to provide a useful reference for judicial practice.The article is divided into three parts and a total of five chapters:The first part is the first chapter,which aims to raise questions through the method of empirical analysis and review of judgment rules.The Supreme People’s Court has treated such cases in the past two decades.The mainstream adjudication thinking in the past two decades is still " the thinking of the chapter and the person ",and the official seal is used as preliminary evidence,and the non-recorded seal has played a presumption and elemental function in determining the validity of the contract.In addition,there is still room for further explanation regarding the concept of literary justice in Article 41 of "Minutes of the National Civil and Commercial Trial Work Conference of the Courts",which can weaken the effect of " not investigating seal ".The second part is the second chapter,which explores the theoretical basis of the influence of the official seal on the validity of the contract by clarifying the theory of the official seal.The phenomenon of official seal and use of seal has existed in ancient times,so it has a strong social and cultural foundation.The official seal exhibits the effectiveness of the official seal through the act of stamping,and its effectiveness changes with the changes of the times.Studies have found that contemporary effectiveness is embodied in the presumptive effectiveness under special circumstances and the effectiveness of the essential elements in apparent evaluation.The most important role of the act of stamping itself is a tool to express the intention of the actor and the company.Therefore,combining theory with practice shows that the official seal still affects the validity of the contract in contemporary contract cases involving chapters.The third part is chapters three,four,and five,through analyzing the influencing factors of non-recorded contract cases,and combining various factors to evaluate the effectiveness of the contract.First of all,it is clear that the non-recorded chapter is not synonymous with the fake chapter.The standard for distinguishing between true and false should be whether it has been engraved with the company’s consent,and the further description should be whether it has been implicitly recognized by the company.Based on this standard,it can be known that multiple sets of chapters and invalid chapters are true chapters,and the rest are fake chapters.Secondly,the non-recorded seal can have an impact on the effectiveness of the contract alone or the access authority evaluation rules.In other words,the official seal can only play a role when the identity of the actor is absent.This is the presumption effect under special circumstances.When a person has no right,the official seal is used as an element to participate in the identification of appearance,which is the effect of the element in the case of appearance.It can be seen that the field in which non-recorded chapters can play a role is very narrow.Therefore,the principle of " only investigating person’s identity without investigating seal " can be relaxed and interpreted as the principle of " investigating person’s identity and then investigating seal when necessary".