更新时间:2024-09-07
亏公项合谋作假,现行法律怎么说?
夕木木(文)    作者信息&出版信息
Law-Related Education for Juveniles   ·   2024年9月7日   ·   2023年 第4期  
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AI 摘要

1、 Scenario reproduction

Through the conversation between Qiu Wuke and Tao Ziyao, it demonstrates how to deal with commercial disputes by fabricating lies and fake contracts. Qiu Wuke suggested that Tao Ziyao seek help from foreign governors to protect the interests of merchants. They forged a machine contract worth 40000 silver and prepared corresponding promissory notes for use in litigation. Qiu Wuke subsequently reported the situation to Yangdong and requested the governor to send a telegram to the Shandong governor, demanding not only not to refund the machine payment, but also to claim compensation. Shandong Futai was shocked by this.

2、 Problem posing

Tao Ziyao is facing legal accountability for signing a fake contract due to insufficient public funds. Analyze the nature of their behavior and the legal validity of the contract.

3、 Analysis of Legal Issues

Analyzed the legal issues of colluding to commit fraud from the perspectives of civil law and criminal law. The Civil Code stipulates that civil legal acts involving false expressions of intent are invalid, while concealed acts that are valid shall be treated as valid. Malicious collusion that harms the legitimate rights and interests of others is also invalid. The fake contract signed by Tao Ziyao and Qiu Wuke is invalid due to false expressions of intent and malicious collusion that harms national interests. The promissory note for borrowing 20000 silver written by Qiu Wuke and Tao Ziyao is false in meaning and has not actually paid the loan, therefore a loan contract cannot be established. The Criminal Law stipulates that state officials who use their positions to defraud public property constitute the crime of corruption, and the actions of Tao Ziyao and Qiu Wuke constitute accomplices in the crime of corruption.

4、 Summary

Tao Ziyao's actions violated national interests and sparked public outrage; The prosperity of the country benefits from the leadership of the Party and the dedication of patriots; Teenagers should have firm beliefs, pursue fairness and justice, and contribute to the modernization of the country.

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