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企业内部工作人员利用掌管印章(包括行政公章和合同章)之便,与他人签订经济合同形成经济纠纷的情况,在当前的经济交往中屡见不鲜。正常情况下,盖有企业印章的经济合同一旦形成纠纷,造成他人利益受损,应由企业作为诉讼主体,参加诉讼,承担民事责任。但现实经济生活中情形复杂,可能涉及连带之债。所以,人民法院在审理这类案件时,首先应确定案件的诉讼主体范围,查明企业与利用掌管印章与他人签订经济合同之行为人,主观上是否存在过错责任及共同过错责
Internal staff use the seal in charge of the seal (including administrative seal and contract chapter), and other people signed economic contracts to form economic disputes, the current economic exchanges are not uncommon. Under normal circumstances, once the economic contract with the corporate seal is in dispute, resulting in the loss of interests of others, the enterprise should act as the subject of litigation and take part in the litigation and bear civil liability. However, the actual situation in economic life is complicated and may involve joint and several liabilities. Therefore, when hearing such cases, the people's court first of all should determine the scope of the subject matter of the litigation, find out whether there is a subjective fault liability or joint wrongdoing between the enterprise and the person who signs the economic contract with others in charge of the seal