What if you are cheated but sign a contract?

Only after signing the contract can you know that you have been cheated, and you can apply to the court to terminate the contract. Because of the explicit provisions of relevant laws, contracts with the nature of deception and fraud cannot be established, nor can they be signed when others are in crisis. These situations are all invalid contracts, and you can no longer perform the contract and apply to the court for cancellation.

Legal analysis

First of all, you can negotiate with the other party with the contract. This kind of negotiation can avoid a lot of trouble, and it is also a way for you to defend your rights by renegotiating the contract after reaching an agreement. If negotiation fails, the law of our country clearly stipulates that the injured party has the right to request the people's court or arbitration institution to change or cancel the contract concluded by one party against its true meaning by means of fraud, coercion or taking advantage of the danger of others. In this case, everyone can further defend their rights. You can go to court to file a lawsuit and arbitration request. The general court will conduct arbitration before the court session. If the contract signed after the trial violates the provisions of the contract law, the court will cancel the contract and declare it invalid. In addition, it should be noted that this kind of contract must be prosecuted within one year, otherwise, after one year, you must perform the contract, otherwise it will be judged as a breach of contract. We must pay attention to this. In addition, signing a large contract is a big deal, and it is generally best to ask a lawyer for help. For the punishment of being cheated for dereliction of duty in signing and performing contracts, the criminal law stipulates two levels of punishment according to the consequences of the crime: those who cause great losses to the interests of the state, the person in charge who is directly responsible for it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

legal ground

Article 167 of the Criminal Law of People's Republic of China (PRC) * * * If the directly responsible person in charge of a state-owned company, enterprise or institution is defrauded in the process of signing and performing a contract due to serious irresponsibility, thus causing heavy losses to the national interests, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.