Legal analysis
A contract signed as someone else's signature may constitute contract fraud, and other corresponding contracts may constitute financial fraud and bill fraud. If it is in the course of litigation, it may constitute the crime of obstructing testimony and perjury. After discovering this kind of behavior, the parties can bring relevant evidence to the court for litigation. The process of court prosecution is: 1. When a party brings a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be indicated; If the party is a unit, it shall specify the name, address, legal representative or person in charge of the unit; 2. According to the principle of "who advocates who gives evidence", the plaintiff should submit the corresponding materials when suing the court; 3. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance; 5. After filing the case, the court will arrange a hearing. How to bear the litigation costs: the acceptance fee shall be paid in advance by the plaintiff. If the defendant files a counterclaim, the case acceptance fee shall be calculated according to the counterclaim amount or price, which shall be paid by the defendant in advance. If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption. Whether to postpone, reduce or give up shall be examined and decided by the people's court. After the case is concluded, the people's court shall notify me in writing of the detailed list of litigation expenses and the amount that the parties should bear. At the same time, in the judgment, ruling or mediation, the litigation costs that each party should bear are stated. The parties shall settle the litigation expenses with the people's court on the basis of the receipt of payment and the judgment, ruling or mediation, and refund more and make up less.
legal ground
Article 171 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If an actor acts as an agent after he has no power of attorney, exceeds his power of attorney or terminates his power of attorney, it will not be effective to the principal without ratification by the principal. The counterpart may urge the principal to ratify it within 30 days from the date of receiving the notice. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the act committed by the actor is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice. If the act committed by the actor is not ratified, the bona fide counterpart has the right to demand the actor to perform the debt or demand the actor to compensate for the damage he has suffered. However, the scope of compensation shall not exceed the benefits that the counterpart can obtain when the principal ratifies. If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall bear the responsibility according to their respective faults.
Article 119 of the Civil Procedure Law of People's Republic of China (PRC) must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.