Legal analysis
The official seal is the most effective of all seals and a symbol of legal person's rights. In the current legislative and judicial practice, it is an important criterion to judge whether civil activities are established and effective. Unless there are special provisions in the law, such as the seal of an invoice, the official seal can represent the will of a legal person and sign a contract and other legal documents with high legal effect. All letters, official documents, contracts, letters of introduction, certificates or other company information sent in the name of the company can use the official seal. The official seal of the company is the seal of the company to handle internal and external affairs. Official letters, documents and reports of the company are stamped with official seals, and documents stamped with official seals have legal effect. The official seal is held by the legal representative of the company. If the legal representative uses the official seal together with the official seal, it represents the company's behavior. The holder of the seal is equivalent to accepting the entrustment of the company. The representative of the company can only exercise power within the scope of entrustment and affix the official seal on behalf of the company. If he abuses it without authorization, he will bear civil liability and criminal liability if the circumstances are serious.
legal ground
Article 280 of the Criminal Law of People's Republic of China (PRC) * * * Whoever forges, alters or buys or sells official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also 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 ten years and shall also be fined. Whoever forges the seals of companies, enterprises, institutions or people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined. Whoever forges, alters or buys or sells identity cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also 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. Article 280-1 Whoever uses forged, altered or embezzled other people's identity cards, passports, social security cards, driver's licenses and other certificates that can prove his identity according to law in activities that should prove his identity according to state regulations, if the circumstances are serious, shall be sentenced to criminal detention or public surveillance and shall also or only be fined. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. Article 280 bis Whoever steals or fraudulently uses another person's identity to obtain the qualifications for admission to institutions of higher learning, employment of civil servants and employment placement on behalf of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined. Whoever organizes or instigates others to commit the acts mentioned in the preceding paragraph shall be given a heavier punishment in accordance with the provisions of the preceding paragraph. State functionaries who commit the acts mentioned in the preceding two paragraphs, which constitute other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes.