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.
The crime of contract fraud refers to the act of defrauding the other party of a large amount of property by fabricating facts or concealing the truth in the process of signing and performing a contract for the purpose of illegal possession.
According to the provisions of Articles 151 and 152 of the Criminal Law, using economic contracts to defraud other people's property, if the amount is relatively large, constitutes the crime of fraud.
Where an economic contract is used for fraud, the amount of fraud shall be determined by the actual amount of fraud by the actor, and the amount of the subject matter of the contract can be considered as a sentencing circumstance.
If the actor has one of the following circumstances, it shall be deemed that his behavior belongs to fraud by using economic contracts for the purpose of illegal possession:
Signing a contract with others by the following fraudulent means, knowing that there is no ability to perform the contract or effective guarantee, defrauding a large amount of property and causing heavy losses:
1, fictional subject;
2. fraudulently using the name of others;
3. Using forged, altered or invalid certificates, letters of introduction, seals or other supporting documents;
4. Concealing the real situation and using bills or other settlement vouchers that you know cannot be cashed as the guarantee for the performance of the contract;
5. Conceal the real situation and use collateral and creditor's rights certificates. Knowing that it does not meet the guarantee conditions, as a guarantee for the performance of the contract;
6. Use other deception to make the other party pay money or goods.
Extended data:
The two parties to the sales contract did not confirm the conclusion of the transaction, nor did they formally sign with each other, but others forged their signatures, which would directly harm the interests of the parties. Then, whether the party whose interests are damaged can defend rights depends on whether the signed sales contract is valid.
First of all, when concluding a contract, the following circumstances will lead to the invalidity of the contract:
1. One party enters into a sales contract by means of fraud or coercion, which harms the national interests;
2. When concluding a contract, both parties to the contract collude maliciously, which harms the interests of the state, the collective or a third party;
3. When the buyer and the seller conclude a contract, they cover up illegal purposes in a legal form, such as money laundering;
4. The conclusion of a sales contract will harm the public interest;
5. Violation of mandatory provisions of laws and administrative regulations.
Baidu encyclopedia-criminal law
Baidu Encyclopedia-People's Republic of China (PRC) Contract Law