契约文书的伪造、防伪与辨伪

发布时间：2018-04-30 14:05

本文选题：契约文书 + 伪造　；参考：《法制与社会发展》2013年02期

【摘要】：契约文书之所以会被伪造,和古代中国人对契约的制度性安排有关。在传统司法实践中,法律上承认契约等书证的证明力,契约已成为诉讼的基本证据之一。因此,那些奸滑的诉讼参与人自然就会想到通过伪造契约的方式来求得诉讼胜利。常用的两种契约伪造方式是伪造新契和揩改旧契,其中以揩改旧契更为多见,手段、技法也花样叠出,与之相对应的防伪技术有文字防伪法、特殊记号防伪法、戳记防伪法三种。伪造与防伪的问题一直伴着随契约发展的始终。伪造契约文书是乡间健讼之徒常用的手段,也是讼师的拿手好戏。契约文书的防伪技巧是为人代书者的必修功课,而契约文书的伪造与辨伪也是审断官员及其幕僚在婚田案件审断过程中必须掌握的基本功,更是和讼师较量的重要领域。
[Abstract]:The reason for the forgery of contract documents is related to the institutional arrangement of contracts made by ancient Chinese. In the traditional judicial practice, the legal recognition contract and other documentary evidence of proof, contract has become one of the basic evidence of litigation. Therefore, the slippery litigant participants will naturally think of forging contracts to win the lawsuit. The two commonly used methods of contract forgery are forging new deeds and wiping old deeds. Among them, wiping old deeds is more common, and the means and techniques are also stacked out. The corresponding anti-counterfeiting techniques include the text security method and the special mark security method. There are three kinds of stamp security laws. The problem of forgery and security has always been accompanied by the development of contracts. Forgery of contract documents is a common means and a masterpiece of advocates in the countryside. The anti-forgery skill of contract documents is a compulsory course for people who represent books, and the forgery and discrimination of contract documents are also the basic skills that officials and their staff must master in the process of adjudication of marital field cases, and it is also an important field in which to compete with the litigants.
【作者单位】：沈阳师范大学法学院;
【分类号】：D929;D925

【共引文献】