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Please wait a minute... For Selected: Download Citations EndNote Ris BibTeX Toggle Thumbnails Select On the Attributes of Medical Relations and the Unique Principles in Settling Medical Disputes ZHANG Zan-ning (Health Law Research Institute;Southeast University)    2001, 0 (2): 37-42+5.   Abstract （1788）            Knowledge map    Save It is disputed domestically whether Medical Law (Health Law) is a part of civil law or administrative law. This article, based on analyzing fundamental features of medical science and medical conducts, points out that medical relations do not possess any essential qualities of a civil relation, i.e. the equality of the parties, self-autonomy, reciprocity and mutual benefit; and in medical relations, there are no administrative subject and administrative counterpart as exist in administrative relations. Therefor, the article pioneers in advocating that medical law is an independent jurisprudence which governs relations neither lateral (the civil relation) nor vertical (the administrative relation) but oblique (the medical relations). After the elaboration of the attributes of medical relations, the article reveals the unique principles and rules in settling medical disputes, which constitute guidelines to seek a fair resolution of medical disputes. Related Articles | Metrics | Comments（0） Cited: Baidu(33) Select Paternity Index Calculation in Mutation Autosomal STR Locus LU Hui-ling;LV De-jian(Department of Forensic Biology;Zhongshan School of Medicine;Sun Yat-sen University;Guangzhou 00;China)    2009, 0 (4): 32-35+7.   Abstract （0）            Knowledge map    Save Objective To summarize the calculation methods of paternity index of mutational autosomal STR loci for application in paternity casework.Methods Based on the current knowledge of autosomal STR mutation, allele specific mutation probability was estimated from an overall STR mutation rate by using the empirical decreasing model.The calculation formulas of paternity index were derived for trio and duo, respectively.These formulas of PI were illustrated by some examples.Results The calculation formulas of X values and Y values were summarized for trio and duo cases in which either allege father or mother was considered only as one mutation.Conclusion The PI value of mutation case was shown significantly lower than that of no mutation case.It is suggested that more genetic markers should be analyzed for mutation cases to make the CPI achieve the standard of paternity determination. Related Articles | Metrics | Comments（0） Cited: Baidu(24) Select On the Examination and Determination of Forensic Appraisal Opinions CHEN Rui-hua Chinese Journal of Forensic Sciences    2011, 0 (5): 1-6.   Abstract （50）      PDF（pc） （852KB）（315）       Knowledge map    Save The reformation of the forensic system not only brings changes to the forensic system ， but also contributed to the improvement of the evidence’s rules. As one kind of legal evidence， the“expert opinion” no longer has the effect of appraisal conclusions， but like other evidence， it should be reviewed by the court in respect of admissibility of evidence and probative force. Expert opinions should be rejected by the court if the evidence violates the qualification， procedure， method and the form of identification veports. The rule to admissibility of expert opinions as evidence contributes to the the implementation of legal procedure， and strengthen the probative force. For the development of the Criminal Evidence Act， expert opinion in the micro-level will have more system space， when only the judicial system in the macro-level and the identification procedures in the meso-level have substantive changes. Related Articles | Metrics | Comments（0） Cited: Baidu(20) Select Screening system for detection of common abused drugs in biological fluids SHEN Min;XIANG Ping;SHEN Bao-hua (Institute of Forensic Sciences;Ministry of Justice)    2001, 0 (1): 1-6.   Abstract （0）            Knowledge map    Save A screening system was established for detection of common,.abused drugs in bilolgical fluids. Urine or blood specimens were terated by liquid extraction (LLE)or solid=phase extraction (SPE), and then analyzed by GC/NPD or GC/ MS after derivatization with TEA and BSTFA. The system can be used for the simultaneous detection of MAMP, MDMA, meperidion, normeperidine, tramadol, EDDP, methadone, cocaine, benzoylecognine, cldeine, diazepam, chlorpramazine, morphine, monoacetylmorphine. The recoveries of 14 abused drugs for SPE and LLE rang from 66 to 102% and from 50 to 86% respectively, with low limits of detection (2-5ng/ml). The method has been successfully applied to toxicological analysis and demonstrated that is simple, rapid and accurate. Related Articles | Metrics | Comments（0） Cited: Baidu(19) Select Study On the Elimination Rate of Blood Alcohol and Estimation of Blood Alcohol Concentration ZHUO Xian-yi;WU Jian-ping;BU Jun;HOU Xin-yi;SHENBao-hua;XIANG Ping;LIU Wei (.Institute of ForensicScience;Ministry of Justice;.Traffic & Patrol Police GeneralBrigade of Shanghai Public Security Bureau)[    2003, 0 (1): 23-26.   Abstract （0）            Knowledge map    Save Objective To study the elimination rate of bloodalcohol and estimation of blood alcohol concentration in human.Method Blood alcohol concentration curves were plotted for 95human subjects after they drank various doses of alcoholicbeverage. Result The elimination of blood alcohol conformedwith the mode of linear elimination, with correlated coefficient(r) of -0.989±0.011. The elimination rate of blood alcohol was-0.140 mg·ml-1·h-1±0.028. Conclusion The blood alcoholconcentration can be estimated according to the elimination rateof blood alcohol [-0.10 mg·ml-1·h-1].[ Related Articles | Metrics | Comments（0） Cited: Baidu(18) Select Factor Analysis of Cognitive and Volitional Capacity of Psychotic Offenders SHAO Yang; CAI Wei-xiong; TANG Tao; et al (Institute of Foren- sic Science; Ministry of Justice; Shanghai; 000;China) [    2004, 0 (4): 17-19.   Abstract （0）            Knowledge map    Save Objective To explore a more scientific and ob- jective method to assess the cognitive and volitional capacity in psychotic offenders. Method Correlate analyses and stepwise discriminant analyses were conducted for 239 cases to inspect the discriminant facts of cognitive and volitional ca- pacity in psychotic offenders. Results There were some dif- ferences between the discriminant facts of cognitive and voli- tional capacity, but both had significant correlation with crimi- nal responsibility. The discriminant facts of cognitive capacity include psychiatric diagnose, realistic motivation, object selec- tivity of commiting an offence, shirking responsibility after commiting an offence, impairment of self-sustaining and impair- ment of reality testing. The discriminant facts of volitional ca- pacity include psychiatric diagnose, realistic motivation, aura before commiting an offence, object selectivity of commiting an offence, shirking responsibility after commiting an offence, im- pairment of work or learning ability, impairment of insight, im- pairment of reality testing and impairment of self-control. The results of discriminant equations of cognitive and volitional ca- pacity had a high consistent with the result from experts. Con- clusion It is suggested that the discriminant equations of cog- nitive and volitional capacity be used in the assessment of re- sponsibility for psychotic offenders. [ Related Articles | Metrics | Comments（0） Cited: Baidu(13) Select New Methods of Identifying Illicit Heroin Origins SUN Wei;ZHANG Da-ming;WANG Cong-hui (. Chinese People's Public Security University;. Narcotics Control Center;Beijing Bureau of Public Security;. Institute of Forensic Science;Ministry of Dublic Security)    2001, 0 (3): 32-35.   Abstract （2169）            Knowledge map    Save It is crucial to determine the origins of illicit drugs in the fight against drug crimes. In China the most consumed illegal drug is heroin, hence the identification of its origins is of major interest. Three approaches currently used abroad to trace the origins are introduced, i.e. the impurities profiling, trace-elemental fingerprinting, and stable isotope ratio technique. The last has ability to distinguish different geographic provenance of opium crops, therefore it has prominent advantage in origin analysis. Gas chromatography-combustion-isotope ratio mass spectrometry (GC-C-IRMS) has been proved to be one of the best methods in the isotope ratio measurement at present. It can also be applied to the identification of sources of other kinds of trace evidence, such as explosives, medicine and oil. This technique possesses great potential in the field of forensic science. Related Articles | Metrics | Comments（0） Cited: Baidu(13) Select Research on the Application of Spectral Imaging in Sequencing Writing and Stamp Impressions BAO Ren;ZHANG Cong-xi (.China Criminal Police University;Shenyang 00;China;. Beijing Public Security Bureau;Beijing 000;China)    2008, 0 (5): 36-38.   Abstract （0）            Knowledge map    Save Due to infiltration effect, it is a hard task to sequence photosensitive stamp impressions and signature pen writing. Spectral imaging can be used to determine the sequence by comparing the location of reflection curves of overlapping parts, photosensitive seal ink and signature pen ink. Related Articles | Metrics | Comments（0） Cited: Baidu(11) Select The Origin Differentiation of Seized Heroin Us-ing GC-C-IRMS II--Study on the ~(13)C Isotope RatioMass Spectrometry of Seized Heroin WANG Conghui;SUN Wei;ZHANG Daming;TIANYuhang;FANG Jiajun;WANG Jingzhu;WUMountian;ZHU Shaotang (. Institute of Fo-rensic Science;Ministry of Public Security)[    2003, 0 (4): 19-22.   Abstract （0）            Knowledge map    Save The origin of seized heroin was dif-ferentiated using gas chromatography-combustion-isotope ratio mass spectrometry (GC-C-IRMS).Considering the contribution of acetyl toδ13C ofheroin, purified heroin should be hydrolyzed tonative morphine correspondingly. According to themeasured δ13C value of heroin and morphine, theseized heroin was classified and differentiated,and the difference of δ13C between heroin andmorphine was concerned in the batch informationof the synthetic process. The precision of GC-C-IRMS method and the influence of experimentalconditions and parameters on the precision werealso discussed.[ Related Articles | Metrics | Comments（0） Cited: Baidu(11) Select Dealing with Possible STR Mutation in Paternity Testing LV De-jian;LU Hui-ling(Department of Forensic Biology;Zhongshan Medical School of Sun Yat-sen University;Guangzhou 00;China)    2009, 0 (4): 43-45.   Abstract （0）            Knowledge map    Save STR(short tandem repeats) mutations are encountered frequently in paternity casework because STR has relatively high mutation rate.Dealing with possible mutations in paternity cases is a difficult task.This paper reviews the characteristics of STR mutation and the problems related with STR mutation.Issues, such as determination of mutation, calculation of paternity index and probability of exclusion and distinction between mutation and its similarity, are discussed. Related Articles | Metrics | Comments（0） Cited: Baidu(10) Select Reform of forensic authentication system is necessary in the era of scientific evidence HE Jia-hong LIU Hao-yang (Chinese people's University Public Security Bureau;Civil Ariatiu Burean of China)    2001, 0 (1): 26-28.   Abstract （0）            Knowledge map    Save Forensic authentication is an important method in the modern judicial proof. Modern forensic authentication is the result of the development of proof methods. The progress of science and technology impelled the two important transitions of proof methods. The scientific evidence that is composed of tangible evidence and forensic authentication conclusion should play the most important role in the judicial proof. The tangible evidences can not prove the fact itself. Forensic authentication is an important method to identify, to exam, to analyze, and to evaluate evidence. The progress of forensic authentication can help us to discover more potential evidence. Science and technology is the key of forensic authentication. The development of science and technology is the primary factor in the advancement of forensic authentication. The reform of forensic authentication system ought to fit in with the reform of judicial system. The reform of forensic authentication system ought to fit in with the evidence law. Related Articles | Metrics | Comments（0） Cited: Baidu(10) Select Basic Features of Science Evidence——Discussion also on Examinations of Opinion of Forensic Science Evaluation ZHU Guang-you(Institute of Forensic Sciences;Ministry of Justice;Shanghai;000;China)    2007, 0 (5): 10-13.   Abstract （0）            Knowledge map    Save This article discusses the basic features that science evidence should have to in order to help judges to better understand the nature of judicial evaluation,the way to examine the opinions(conclusion)of forensic science evaluation,and the requirements for accepting the opinions(conclusion)of forensic science evaluation.For evaluators it is the precondition for them to correctly understand the basic features of opinions(conclusion)of forensic science evaluation in order for the opinions to be accepted as science evidence. Related Articles | Metrics | Comments（0） Cited: Baidu(9) Select The Validity of Appraisal Conclusions as Evidence CHEN Wei-dong LI Wei(China People's University School of Law;Beijng 00;China)    2007, 0 (3): 5-8+27.   Abstract （0）            Knowledge map    Save The deve lopment of contemporary science and technology has caused the use of forensic appraisal in criminal cases. The co-existence of risk and importance of the forensic appraisal conclusion makes people seek for regulating the validity of appraisal as evidence. The common law system emphasizes reviewing the way evidence is obtained in determining the acceptability of expert evidence, while the civil law system stresses the control of appraisal conclusion by litigation procedure. On the basis of analyzing the different rules of the two legal systems regarding the validity of appraisal conclusions as evidence, this author proposes to improve the validity of appraisal conclusions as evidence in China by analyzing the qualification of experts, the relevance of the appraisal, the reliability of appraisal conclusions, the lawfulness of material used in the appraisal and the procedure of appraisal. Related Articles | Metrics | Comments（0） Cited: Baidu(9) Select Estimation of average mutation rates of routine STR loci in Parentage testing CAI Ying, ZHOU Guang-biao, ZHAO Shu-min, CHEN Wen-wan, CHEN Qis-heng, XU Ru-su, LIANG Xi-yang Chinese Journal of Forensic Sciences    2010, 0 (5): 56-59.   Abstract （45）      PDF（pc） （572KB）（314）       Knowledge map    Save Objective To estimate average mutation rates of routine STR loci in paternal testing of Chinese population by literature analysis. Methods Mutation data was obtained from 15 published papers in China according to a serial of criteria and accumulation in Guangdong Hengzheng Forensic Identification Center. According to the Poisson distribution, mutation data of each STR locus in different region of China were compared and the mutation data of same STR locus from different region of China were combined to calculate the average mutation rate of the STR locus. 95% confidence intervals （95%CI） of the average mutation rates were also determined according to the Poisson distribution. Average mutation rates of each STR locus were compared between Chinese population and American population. Results Average mutation rates of the 17 STR loci including in Identifiler and PowerPlex 16 systems were ranged from 0.0120% to 0.2078%, which was statistically different（P<0.0001）. According to the average mutation rate, accumulated mutation rate of the 17 STR loci was as high as 1.9836% in Chinese population. Conclusion Average mutation rates of the 17 STR loci were obtained by literature analysis, which was useful in CPI calculation of those cases with suspected mutation STR loci. Related Articles | Metrics | Comments（0） Cited: Baidu(9) Select Progress of the Forensic Appraisal System in the New Criminal Procedural Law BIAN Jian-lin, GUO Zhi-yuan Chinese Journal of Forensic Sciences    2012, 0 (3): 10-13.   Abstract （31）      PDF（pc） （565KB）（322）       Knowledge map    Save The new Criminal Procedural Law has made the following revisions on forensic appraisal: it replaced “appraisal result” with “appraisal opinion”， so that the nature of forensic appraisal is restored; it deleted the provision that re-appraisal of body injuries and mental illness should be conducted by hospitals designated by provincial level governments， so that the forensic appraisal system is more legitimate; it provided for the circumstances under which an appraiser should take the stand and established the hearsay rule for appraisal opinions; it strengthened the protection for the rights of appraisers; it introduced the expert assistant system， so that the cross-examination of appraisal opinions could be more substantial. These revisions are all progresses for the forensic appraisal system. However， the amendments to CPL dose not touch on the issue that who holds the right to initiate forensic appraisal. Besides， more protection for the appraisers’ right is needed.   Related Articles | Metrics | Comments（0） Cited: Baidu(9) Select Determination of Combustion-Improvers in fire debris ZHANG Cheng-gong;WANG Chang-fu;LING You-qing;et al. (ShanghaiInstitute of Criminal Science and Technology;Shanghai 000;China.)    2004, 0 (1): 18-20.   Abstract （0）            Knowledge map    Save A simple method for the determination of Combustionimprovers, such as gasoline, kerosene and diesel oil, has been developedby GC/MS, along with extracting and heating devices designed by theauthor. It was found that extracting temperature and moment in SPMEinfluenced the sensitivity of the analysis. In the study, the optimal analyzingconditions were established, and under the condition, the detection limitsfor gasoline, kerosene and diesel oil were 0.65pl/ml, 1.63pl/ml and 1.63pl/ml respectively. Related Articles | Metrics | Comments（0） Cited: Baidu(9) Select Study on the Standard System for Forensic Document Examination YANG Xu;SHI Shao-pei;LING Jing-kun;XU Che;QIAN Huang-gui;BIAN Xin-wei;SUN Wei-long;XI Jian-hua ( Institute of Forensic Science;Ministry of Justice;Shanghai;000;China)    2006, 0 (6): 16-20.   Abstract （0）            Knowledge map    Save The status quo and operational significance of establishing the Standard system for forensic document examination was presented. In consideration of the features of forensic document examination, and in combination with our experience in standardization construction, the structure of the standard system was built up and the essential components were expounded. We hope that this study will promote the standardization construction of forensic document examination in our country. Related Articles | Metrics | Comments（0） Cited: Baidu(9) Select Issues on Appraisers' Testifying in Trial GU Yong-zhong(China Vniversity of Politicae science and law;Beijing 000;China)    2007, 0 (1): 8-11.   Abstract （0）            Knowledge map    Save On one hand, the appraiser appears in court as a witness in a broad sense; on the other hand, he/she differs from a normal witness. Therefore, it is necessary to understand correctly the special feature of an appraiser as a witness in trial so as to correctly position the appraiser's status in a lawsuit. Generally speaking, an appraiser testifying in trial is to fulfill the burden of proof undertaken by the principal or the designating party. Specifically, an appraiser testifying in trial includes two parts: making a presentation of the appraisal opinion and accepting cross-examination about the appraisal opinion, the latter is a challenging task. Consequently, an appraiser should study and be trained from five aspects to enhance the ability of accepting cross-examination. Related Articles | Metrics | Comments（0） Cited: Baidu(8) Select Forensic Medical Analysis of Blood Ethanol Detection ZHUO Xian-yi;BU Jun;XIANG Ping;SHEN Bao-hua;CHEN Cong (Shanghai Key laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China)    2010, 0 (1): 22-25.   Abstract （0）            Knowledge map    Save Objective To make a forensic medical analysis on the result of blood ethanol detection in traffic accidents. Methods Factors,such as the determination method,collection method,collection time,blood preservation,decomposed body and relationship between alcohol intake and blood alcohol concentration,etc.,were explored in a forensic medical approach. Results Many factors including the determination method,collection method,collection time,blood preservation and cadaver decomposition,etc. have effects on the detection result of blood ethanol. Conclusion A forensic medical analysis of the detection result of blood ethanol is necessary in order to guarantee traffic administration justice. Related Articles | Metrics | Comments（0） Cited: Baidu(8) Select Applications of Fluorescence in Situ Hybridization(FISH) in Forensic DNA Analysis DONG Yan;WU Dan;XU Qing-wen;ZHANG Chen;PING Yuan;ZHOU Huai-gu(Key Laboratory of Forensic Evidence and Scene Technology;Ministry of Public Security;Shanghai 000;China)    2009, 0 (4): 49-51.   Abstract （0）            Knowledge map    Save Objective To prove the reliability for sex identification by detection of chromosome X and Y using fluorescence in situ hybridization and to obtain individuate DNA profiles with laser capture microdissection(LCM) from male/female mixture.Methods After fluorescence in situ hybridization, both fluorescence red signal X and green signal Y was found under a fluorescence microscope from male cells and the successful red signal of two X was observed from female cells, Combined with laser capture microdissection, DNA could be individually obtained.Results Using fluorescence in situ hybridization, male cells and female cells could be differently stained.Short tandem repeat profiling was performed after isolation of the detected cells with laser capture microdissection.Conclusion Fluorescence in situ hybridization combined with laser capture microdissection could provided a new useful method for forensic DNA analysis in male/female mixture. Related Articles | Metrics | Comments（0） Cited: Baidu(8)