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How to write the agreement between the two parties is effective.
The most effective way to write the cooperation agreement contract between the two parties is as follows:
(a) the title can be written as "agreement".
(II) Name of the agreement unit
Write down the name of the unit that signed the agreement, and indicate Party A and Party B, so as to be easy to address in the text.
1, and the text includes the beginning and the body.
Explain the purpose, reason and basis of signing the agreement at the beginning, and then transfer it to the subject in stylized language; This topic requires a clear and comprehensive explanation of the relevant matters of the agreement, especially focusing on the rights and obligations of both parties to the agreement.
2. The content of the text terms
(1) Purpose of negotiation;
(2) Responsibility for negotiation purposes;
Third, the time and duration of the agreement;
4. negotiation conditions and remuneration.
(5) Time limit for performance;
(six) to deal with the responsibility of violating the terms;
(3) The names of the units of both parties to the agreement shall be clearly stated and stamped with official seals. Finally, write down the date of signing the agreement.
Second, can the partnership agreement constitute the crime of contract fraud?
If the purpose of the partnership agreement is to illegally occupy the other party's property and fraudulent means are used when signing the agreement, the partnership agreement can constitute the crime of contract fraud.
The crime of contract fraud has the following characteristics:
First, the actor has the purpose of illegally possessing the property of the other party;
Second, the actor used fraudulent means in the process of signing and performing the contract;
Third, contract fraud must reach a large amount to constitute a crime. "Contract" mainly refers to various economic contracts protected by law, such as supply and marketing contracts and loan contracts.
China's Criminal Law lists five specific criminal cases of defrauding the other party's property by signing or performing a contract:
(1) Signing a contract in the name of a fictitious entity or others. This refers to the fictional subject of a contract, that is, the act of using a non-existent unit or using another person's name to conclude a contract without the permission or entrustment of others.
(2) A forged, altered or invalid bill or other false property right certificate is used as a guarantee, which is a fictitious guarantee. When signing a contract, it is a common practice to issue a contract guarantee according to the provisions of laws and regulations or the requirements of the other party, in order to reduce contract risks and ensure contract performance. The "bills" mentioned here mainly refer to financial bills such as bills of exchange, promissory notes and checks. "Property right certificate" includes land use certificate, house ownership certificate and various valid certificates that can prove the ownership of movable and immovable property. It is a common way of contract fraud to cheat the other party with fictitious guarantee documents and sign a performance contract with them.
(3) Deceiving the other party to continue to sign a contract by first performing a small contract or partially performing the contract without actual performance ability. This is what is commonly called "catching big fish with a long line". That is, the actor uses the performance of a small contract or part of the contract as bait to defraud the other party's trust, and then continues to sign a contract with it to defraud more property.
(4) fleeing after receiving the goods, payment, advance payment or secured property paid by the other party. This refers to the behavior that once the actor accepts the above-mentioned property paid by the other party according to the contract, he runs away. "Escape" means that the actor adopts any escape, hiding or avoidance method that the other party cannot find.
(5) defrauding the other party's property by other means. This refers to other situations in which the other party's property is defrauded by signing or performing a contract except the above four situations.
Therefore, the writing method of the cooperation agreement contract between the two parties is to write the word "agreement" first, then write the name of the enterprise that entered into the agreement, then start to write the text, and finally write the name of the work unit that entered into the agreement, and affix the official seal and indicate the date of entering into the agreement. In addition, the parties should avoid adding some invalid clauses in the contract, so as not to affect the performance of the contract.
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