变造文书的认定

The Identification of Document Alteration

从变造的法律概念入手,对刑法界和文检界关于变造的基本学说和含义进行了比较分析,在此基础上重新定义了变造文书的概念,强调变造文书的实质是对重要内容和证明事项的改变。根据变造的方法和手段,对变造文书进行重新分类,分析了各类变造文书的重要特点和常见的制作手段,重点提出了判断变造文书的两个依据和认定的两个原则,旨在探索能够运用于文书检验领域的实用性认定标准。

According to the legal concept, the difference on the definition of document alteration between the criminal law area and the document examination area is analyzed. On this basis, the definition of document alteration is redefined. The essence of document alteration is emphasized, which is the alteration of important contents and proofs. Altered documents are reclassified based on the different alteration methods. Common methods and their important features of alteration are analyzed, and two principles and two bases are proposed. The purpose is to explore a practical identification standard that could be applied to alteration examination of questioned documents.