The Confirmation Of The Validity Of Agency Behaviour Under The Appearance Of Seal

The seal,as a thing that can be separated from the nominee engraved on it,has the possibility of creating the appearance of rights.Therefore,when seals are used in civil and commercial activities,there is often the problem of determining the effectiveness of agency acts under the appearance of the seal.At present,there are still some differences and controversies regarding the judgment of the effectiveness of agency acts under the appearance of the seal in judicial practice in our country.This article uses the legal research methods of empirical analysis and comparative analysis,starting from the actual case of determining the effectiveness of agency behavior under the appearance of the seal,and analyzing the problems in the case to analyze the causes of the problems,and refer to the relevant domestic and foreign agency law theoretical research results.Puts forward the ideas and methods for determining the effectiveness of agency behavior under the seal appearance,and provides reference and suggestions for the theoretical research and judicial practice of this issue.The structure of this article is divided into three parts: introduction,main text,and conclusion: the introduction includes four aspects: questioning,literature review,research methods,research ideas and logical structure.There are three chapters of the main body.The first chapter is the empirical analysis of the confirmation of the agency’s effectiveness under the seal appearance.This chapter first searches the judicial judgment cases of the validity of the agency act under the seal appearance based on the relevant keywords,and collects the analyzed samples for the research.By classifying and summarizing the cases,it is found that in practice,when determining the effectiveness of agency acts under the appearance of seal,there are mainly two situations in which the agency acts are determined to be effective and invalid.By analyzing the basic facts and opinions of the courts in this type of case,selecting some of the reasons for the judgment of the case,and summarizing the main problems in the determination of the effectiveness of agency behavior under the appearance of the seal: one is to examine the disputes related to the evidence of the principal,and the other is about the agency.The divergence of the influence of the identity of the person on the determination of the effectiveness of the agency is the third problem with the counterparty seal review behavior,the fourth problem is the distribution of the burden of proof between the principal and the counterparty,the fifth problem is the identification of the seal itself,and the sixth is the existence of the judgment thinking problem.The second chapter is about the attribution of the issue of the validity of agency acts under the appearance of seal.Based on the problems in the empirical evidence presented in Chapter one,this chapter sorts out and reviews the validity of agency behavior under the seal appearance from the four aspects of legislation,justice,theory,and internal management of the principal,and summarizes it under the current legal framework of our country.The reasons for the problems in determining the effectiveness of agency acts under the appearance of seals are blow.Firstly,it is due to the imperfect laws and regulations related to seal management,secondly,the lack of categorization of seals in judicial determination,thirdly,the theory of agency law itself is still controversial,and finally because the principal’s internal seal management system still needs improvement.The third chapter is about suggestions for perfecting the determination of the effectiveness of agency acts under the appearance of the seal.This chapter responds to the reasons for the existence of the problems analyzed in the second chapter,and at the same time expands on the solution of the problems in the empirical analysis of the first chapter.First of all,drawing on the classification rules of agency rights proposed by related scholars,combined with the related theories of agency law after adjustment,clarified the situations in which the appearance of the seal needs to be identified.Next,distinguish the identities of the users of the seals and determine the effectiveness of the seal representation agency behavior under their respective identities.Then,with regard to the express or implied expressions of intentions made by the principal under the seal appearance,with reference to the relevant viewpoints of the agency law theory,an identification idea was selected and formed.Afterwards,it discusses the good faith and non-fault identification of the counterpart under the seal appearance,and determines the behavior and extent of the counterpart’s examination of the seal.At the same time,on the basis of distinguishing the controversy of the seal appearance into the authenticity of the seal and the effectiveness of the seal,it clarified the distribution method of the burden of proof under the seal appearance of the principal and the counterparty.Finally,return to the legal system for determining the effectiveness of agency behavior under the seal appearance,with a view to perfecting the rules for determining the effectiveness of agency behavior under the seal appearance by making judicial interpretations and enriching relevant guiding cases.The possible contribution of this article is to take the identification of the effectiveness of agency behavior under the appearance of the seal as a research perspective,try to return to and absorb the relevant theories of agency law at home and abroad,combine the special nature of the seal itself,and choose from many identification rules that have practical and theoretical disputes.And build a more complete identification idea.