The actor's unauthorized engraving of the official seal refers to the behavior of non-unit staff or staff of the unit who steal the name of the unit to engrave the official seal for criminal activities without the knowledge of the unit. Under normal circumstances, the unit is unaware of the fact that the perpetrator privately engraved the official seal to carry out criminal activities. The act of stealing the official seal of the unit refers to the act of stealing the official seal of the unit by taking advantage of his position or other secret means and committing economic crimes. The difference between the two acts is obvious, and the act of privately engraving the official seal itself constitutes a crime. It is not necessarily a crime for the actor to engrave the official seal privately, which directly infringes on the name right of the company that engraves the official seal privately and the state's management of the seal engraving. The theft of the official seal by the perpetrator does not necessarily constitute a crime, but it directly violates the management and use rights of the company whose official seal was stolen. Whether the damage caused by the perpetrator's criminal behavior to the victim is related to the unit is an important criterion to distinguish the crime of private engraving and stealing the official seal of the unit.

1, the fault of the unit in the case of private seal.

In the case of engraving the official seal privately, because the unit that engraves the official seal privately is unaware of the act of engraving the official seal privately, the criminal act of engraving the official seal privately has nothing to do with the unit. And there is no legal causal relationship between the damage result caused by criminal behavior and the unit. Therefore, under normal circumstances, the unit should not bear civil liability.

However, in another case, if the unit already knows the fact that the actor holds the company name seal and uses it to carry out economic crimes, but for the sake of the reputation, interests or other interests of the unit, it does not take any judicial relief measures to stop the criminal activities of the actor's private seal, and takes a laissez-faire attitude towards the actor's holding of the official seal to commit crimes, resulting in the actor using the private seal to commit economic crimes again, causing economic losses to a bona fide third party. At this time, in this case, the losses caused to the bona fide third party shall be borne by the actor first, and the insufficient part shall be borne by the unit with private seal.

2. The fault of the unit in the case of stealing the official seal.

There are usually two situations to steal the company's official seal: first, the actor takes advantage of the company's negligence in official seal management or takes advantage of his own management and use of official seal to steal the company's official seal; Second, the perpetrator used criminal means (such as theft) to steal the official seal of the unit. Article 5 of the "Several Provisions" does not think that units are at fault for stealing official seals and signing economic contracts to commit economic crimes, and makes a principled provision that they generally do not bear civil liability. However, in the case of the crime of stealing the official seal of the unit, if the unit is indifferent to the losses suffered by the bona fide third party, whether it is at fault or not, it is deemed that the unit is not at fault, thus being completely exempted from liability, which obviously does not conform to the principle of fairness in fault? Are you kidding? What's the point? School? Bad grain gun? What's the matter with you? What is wrong with deer? How much is the charge? Say grain gun? Lu? Crab pot? [13] Shao Fei? What's going on? Is it bigger than the gap? What is the explanation? Hey? What's the matter with you? What's the matter with you? What happened? What happened? Time? Write? Hey? What about fluorene? Answer? Is it embarrassing?

3. Measures to prevent private engraving and misappropriation of official seals

(1) Regarding the measures to prevent the official seal from being engraved privately, the following suggestions are put forward:

(1) Improve the technical content of making official seals, and put an end to private engraving or forgery. Anti-counterfeiting technology similar to RMB can be adopted, which makes it very difficult for private engraving.

(2) Strictly control and supervise the number of official seal production units and technical equipment, and put an end to private engraving from the source.

(3) Intensify efforts to crack down on private seal carving, and severely punish from conviction and sentencing. It is suggested that the crime of private seal carving should be punished with several crimes.

(4) Adopt the method of "seal+signature" to prevent the crime of private engraving from succeeding, learn from foreign practices, and require not only the official seal of the unit but also the signature of the representative in economic exchanges, otherwise the risks caused will be shared by both parties to the transaction.

⑤ Use new technology to invent the "text barcode seal" and add the unit barcode, because the unit barcode is generally not easy to be copied.

⑥ Increase the review obligation in the transaction process, and use modern information means to implement the confirmation and verification procedures before signing and stamping.

⑦ Improve the legal system and lower the entry threshold for legal persons. Because some criminal acts use the qualifications of legal persons (units) to achieve illegal purposes.

⑧ Improve the legal system and establish a sincere legal supervision and punishment mechanism.

Pet-name ruby intensify publicity and education, improve the legal awareness of individual citizens and the whole society.

(2) Regarding the measures to prevent the official seal from being stolen, the following suggestions are put forward:

(1) Strengthen the custody of the official seal and the anti-theft cover measures. If necessary, the official seal can be kept in a safe like financial cash.

(2) Strictly apply for the use of official seals, and establish a set of registration and filing system and restriction mechanism approved and signed by users.

(3) Strictly use the system of recycling after use and the system of publicizing the uncollected accounts receivable, recover the abandoned official seal and the official seal that has reached the service life in time, and inform the relevant parties by publicity.

(4) Increase the review obligation of the other party, and timely remind the other party to pay attention to identification and prevention.

⑤ It is established that "piracy" is a criminal act in the specific provisions of criminal law, and a set of punishment system has been formulated.

⑥ Increase the responsibility of the wrong party.

⑦ Increase the responsibility of recourse against offenders.

(8) Improve the legal system, and establish the legal supervision mechanism of honesty and credit and the fault liability compensation mechanism.

Pet-name ruby use a variety of means, strengthen publicity and education, improve the legal awareness of individual citizens and the whole society.