Another radish chapter incident! Why is the radish chapter always hard to prevent?

Recently, the Ministry of Public Security held a press conference to inform that since the beginning of this year, more than 7,700 criminal cases of fake seals and documents have been filed nationwide, and more than 20,000 pieces of fake seals and documents have been collected.

(Screenshot from official website, Ministry of Public Security)

As an important credit certificate for the administration of state organs and the production activities of enterprises and institutions according to law, seals are closely related to the business dealings of units. Forged seals may cause legal disputes, economic losses and reputation damage to organizations at any time.

Previously, the person in charge of a company forged accounts receivable through two privately carved radish seals (official seal and financial seal), and cashed out 30 billion yuan from a number of financial institutions through fake identities, fake seals and fake contracts.

Finally, not only several wealth companies suffered heavy losses as victims, but also third-party companies that forged seals and accounts receivable were taken to court without knowing it, facing legal disputes.

So, how to prevent radish chapter? Who is in charge?

Compared with the traditional physical seal, which is easy to forge and difficult to distinguish between true and false, the state has comprehensively promoted the application of electronic signature. According to the Electronic Signature Law and the Civil Code, legal and effective electronic signatures are integrated into authoritative digital certificates, so that each seal has a unique digital identity and can be verified online. In use, the user's identity and will are guaranteed to be true, and the document is tamper-proof, which can effectively prevent the risk of radish poking.

Electronic signature of contract lock focuses on providing users with legal electronic signature services. This contract lock combines "the Supreme People's Court related laws and regulations" and "common radish seal routines" to provide you with a one-to-one solution, ensuring safety from internal seal management and use to signature, and eliminating the risk of "radish seal" one by one.

What do 1 and radish chapter have in common? How to prevent it? Combined with a large number of radish stamp incidents in recent years, it can be seen that "impersonating company employees to sign contracts with false identities and seals", "the management privately carved seals to forge business materials" and "forging authorization, contracts and other documents through PS and photo seals" are common routines of radish stamp. The authenticity of identity, seal and contract is hard to be recognized by naked eyes, so it is inevitable to do a good job of risk control.

& gt& gt& gt According to the requirements of the electronic signature law, the electronic signature of contract locks combines technologies such as face recognition and digital certificate to provide you with real-name authentication and online signing services. The whole process data is automatically saved to ensure that the seal is true and valid, the identity is true and credible, the signature has legal effect, the signature result is undeniable, the signature security is fully guaranteed, and radish is not given an opportunity.

2. Should I be responsible for forging the company seal? There are many misunderstandings about the "radish stamp", such as "who will bear the responsibility for privately engraving the fake stamp" and "the seal is forged by others and has nothing to do with the enterprise".

According to Article 5 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Economic Disputes Cases Suspected of Economic Crimes:

If the actor engraves the official seal of the company without permission or signs an economic contract by using the official seal, business introduction letter or blank contract stamped with the official seal, and the company has obvious fault and the fault behavior has a causal relationship with the economic loss of the victim, it shall be liable for compensation for the economic loss caused by the crime according to law.

According to the regulations, if the company has any of the following liabilities, even if the seal is forged, the company shall bear the corresponding liabilities:

1. The company seal is not unique;

Possible seal problem: the company has only one physical seal, and the demand for various seals is large, so it is difficult to find seals. For convenience, the company may privately carve multiple seals and use them at the same time. These privately carved seals are easily misused. If there is a problem, the enterprise can't prove the uniqueness of the seal, and naturally it will bear the responsibility.

2. The legal representative or authorized client forged the company seal to sign a contract with foreign countries;

Possible seal problems: the company lacks a set of standardized seal management system and a unified seal signing process, so it is inevitable that high-level officials will use their positions to forge seals to sign contracts with foreign countries.

3. The person who forged the seal to sign the contract with foreign countries constitutes an agency by estoppel.

(After the agency relationship between the two parties is terminated or invalidated, the agency certificate shall be recovered in time or a notice of invalidation shall be issued).

4. The company has recognized the validity of the seal on other occasions;

Possible seal problems: the internal seal management is chaotic, and the true and false seals are mixed. In the process of signing, the fake seal may be directly used to sign the contract. If there is a problem in the later period, the validity of the seal cannot be denied.

Therefore, the root cause of the problem caused by "fake seals" is that the seal management system of enterprises cannot be implemented, the seal management is chaotic, and there is a lack of effective records and supervision.

The electronic signature of contract lock helps institutions to build an integrated management platform of "electronic seal" and "entity seal", and provides services such as seal life cycle management, seal use authorization, seal monitoring and seal risk early warning. Help institutions to build a seal process system according to the seal management system, standardize the management and use of seals, improve internal management, avoid seal problems, and avoid unnecessary risks caused by "fake seals".

Seal making authorization: all seals are made on the platform through process authorization, which is guaranteed by enterprise real-name authentication and automatically synchronized to the seal database of the Ministry of Public Security for filing. Unify the way of making seals to prevent private engraving of seals.

Seal use process: It can help institutions to build a signature process according to business needs, unify electronic templates, designate the person responsible for approval and stamping, and realize online approval and stamping.

The use process of the seal is recorded: the contract lock provides users with a comprehensive seal operation record service, and the production, alteration, destruction, authorized use and stamping of the seal are recorded in detail, so that the whole process is tamper-proof, the data is true and reliable, and the process can be traced back at any time if there are any problems.

Dynamic seal reminder: In order to help managers manage seals more conveniently, contract lock can provide users with dynamic real-time short message reminder service for seals, and remind managers of key operations such as making seals, using seals, changing seal information and authority, without missing any information related to seals.

Authenticity of seals can be verified: electronic signatures are supported by trusted digital certificates, and each seal has a unique identity correspondence, which can verify the authenticity online, prevent the radish seal from being tampered with, and make the seal legally effective.

Summarize the application of electronic signature control platform to help organizations fundamentally implement the seal management system, plug possible internal seal loopholes, and implement internal management responsibilities. In the case of forged or altered seals, it is helpful to confirm the uniqueness of internal seals, the compliance of seal use and the traceability of responsibilities, to prevent the chaotic use of seals such as multi-use of one seal and simultaneous use of multiple seals, to prevent the forgery of internal seals and to prevent the risk of external radish seals.