Legal analysis
Forging the signature of the real estate owner is illegal, and forging the signature of others constitutes a crime of fraud. If it is used to make perjury, it constitutes perjury. If it is used to forge government documents, the circumstances are even more serious. Signature has legal effect, and forged signature bears legal responsibility. However, just forging a signature does not constitute a criminal offence, and it is necessary to comprehensively judge whether it constitutes a crime and what kind of crime it constitutes by combining the specific behavior, social harm and harmful consequences after forgery. It may be a crime of fraud to bear the consequences of the signed contract or other documents and compensate the losses of the impersonator and signatory. If you use your position to impersonate your signature, you also need to bear legal responsibility. First, the actor must take advantage of the convenience of his position, that is, the convenience of managing and handling the property of his unit. If the actor does not take advantage of his position, but takes advantage of his familiarity with the environment and situation of his unit because of his work relationship, it cannot constitute this crime. Second, the illegal possession of the property of the unit has been implemented. The ways of illegal possession can be embezzlement, theft, fraud and other means. If the illegal possession is not the property of the unit, it cannot constitute this crime. Third, it must reach a large amount to constitute this crime.
legal ground
Criminal law of the people's Republic of China
Article 307 Whoever prevents a witness from testifying or instructs others to commit perjury by violence, threat or bribery shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Whoever helps a party destroy or forge evidence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Any judicial officer who commits the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment. Article 307-1 Whoever brings a civil lawsuit with fabricated facts, impairing the judicial order or seriously infringing upon the legitimate rights and interests of others, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Whoever commits the act mentioned in the first paragraph, illegally occupies other people's property or evades legal debts, which constitutes other crimes, shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment. Judicial personnel who use their powers to collude with others to commit the acts mentioned in the preceding three paragraphs shall be given a heavier punishment; If it constitutes other crimes at the same time, it shall be convicted and given a heavier punishment in accordance with the provisions on heavier punishment.
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Article 271 Any staff member of a company, enterprise or other unit who, by taking advantage of his position, illegally takes the property of his unit for himself, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 382 and 383 of this Law.