主管:中华人民共和国司法部
主办:司法鉴定科学研究院
ISSN 1671-2072  CN 31-1863/N

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    Legal Application and Challenges of Brain Death: An Analysis of Judicial Precedents in “Deemed Work-Related Injury” Cases
    ZHANG Jie, GUO Bin, CHEN Meiying, LU Haiping, SONG Kang
    Chinese Journal of Forensic Sciences    2026, 0 (4): 85-94.   DOI: 10.3969/j.issn.1671-2072.2026.04.011
    Abstract (1157)      PDF(pc) (1205KB)(490)       Save
    Brain death has been widely accepted as a standard of death in the medical field, yet it has not been formally established in China’s legal system. This article examines the practical challenges and judicial disputes in the application of brain death in China’s legal framework, using the scenario of deemed work-related injury as a case study. Through case analysis, it is found that judicial practice often exhibits a cautious expansive interpretation in balancing the protection of labor rights and legal stability, particularly in special cases such as organ donation. However, due to legislative vacancies, such judicial breakthroughs face challenges such as inconsistent medical standards, insufficient authority in forensic appraisal, and internal contradictions within the legal system, making judicial rulings inconsistent. Future legislation should focus on the medical essence, establish a dual death determination system encompassing both cardiac death and brain death, revise relevant legal regulations in a timely manner to clarify the application of brain death in special cases, and promote coordinated development between legal and medical through guiding judicial precedents to achieve the unification of the protection of the right to life and social justice.
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    White Paper on 20 Years of Proficiency Testing at the Academy of Forensic Science
    WANG Jie, FAN Ying, SHEN Hanjian, FANG Jianxin, SHU Guohua
    Chinese Journal of Forensic Sciences    2026, 0 (2): 98-104.   DOI: 10.3969/j.issn.1671-2072.2026.02.012
    Abstract (792)      PDF(pc) (1608KB)(760)       Save
    Proficiency testing is an internationally recognized and essential technical approach for monitoring and evaluating laboratory quality. The advancement of forensic identification proficiency testing in China has been driven by the synergistic development of the certification and accreditation system and the development of the rule of law. As one of the earliest institutions accredited as a proficiency testing provider in the field of forensic identification in China, the Academy of Forensic Science has continuously organized and conducted proficiency testing activities within the industry for over two decades since 2005, establishing the most influential brand of forensic identification proficiency testing. Significant achievements have been made in program design, project development, service scalability, implementation methods, evaluation results, and platform operation and construction. Full coverage has been achieved across three major professional fields in forensic identification, with services extending nationwide. The effective implementation of proficiency testing has played a positive role in promoting forensic institutions, government supervision, industry advancement, and the certification and accreditation system. Through a comprehensive review of the 20-year development of proficiency testing at the Academy of Forensic Science, this paper presents integrated recommendations for the future innovation and development of proficiency testing .
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    The Scientificity, Logicality, and Rationality of the Forensic Appraisal Documents
    ZHU Guangyou
    Chinese Journal of Forensic Sciences    2026, 0 (1): 73-78.   DOI: 10.3969/j.issn.1671-2072.2026.01.009
    Abstract (543)      PDF(pc) (1265KB)(838)       Save
    The scientificity, logicality, and rationality of the forensic appraisal documents are not only the focus of the People’s Courts’ review, but also the focus of the courts’ cross-examination. Through the writing of the forensic appraisal documents and their existing problems, the specific connotation of the scientificity, logicality, and rationality of the forensic appraisal documents is elaborated in detail, focusing on the standard and method of proof of litigation evidence, the basic requirements and forms of logical reasoning and logical argumentation, the identification of objective information and the reliability test method of the laboratory examination results, etc., to ensure the validity of the appraisal opinions as litigation evidence. It is also recommended to formulate the Specifications for the Preparation of Forensic Appraisal Documents and the Standards for the Quality Evaluation of Forensic Appraisal Documents, and to carry out professional training such as jurisprudence and logic for forensic appraisers, so as to improve the professional knowledge and practical ability of forensic appraisers. 
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    Forensic Appraisal Error: Definition, Contributing Factors and Institutional Implications
    YANG Liyun
    Chinese Journal of Forensic Sciences    2026, 0 (1): 1-8.   DOI: 10.3969/j.issn.1671-2072.2026.01.001
    Abstract (534)      PDF(pc) (1266KB)(785)       Save
    Disputes over forensic appraisal errors are common in judicial practice. The fundamental cause lies in the unclear understanding of the nature of such errors, which in turn prevents accurate definition of forensic appraisal errors. This paper focuses on the core question of “What constitutes a forensic appraisal error?” and unfolds the discussion in three parts. First, by answering “What is an error?”, it establishes the premise for defining forensic appraisal errors. Second, through sorting out the objects of description and the essence of forensic appraisal errors, it clarifies the definition of such errors. Finally, it analyzes the contributing factors of forensic appraisal errors, including human factors, tool factors, evidence factors, and normative factors, thus identifying the causes of the errors. Clarifying the boundaries of forensic appraisal errors can promote the improvement of forensic appraisal legislation and the system for expert opinion admission. Meanwhile, it will facilitate the continuous optimization of forensic appraisal technical standards and quality control systems.
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    The Practical Dilemmas of Forensic Appraisal Dismissal and Their Solutions
    ZHU Da
    Chinese Journal of Forensic Sciences    2025, 0 (6): 71-77.   DOI: 10.3969/j.issn.1671-2072.2025.06.008
    Abstract (519)      PDF(pc) (1142KB)(760)       Save
    The underlying reasons for appraisal institutions’ dismissal of cases stem not only from technical and other objective factors but also from their tendency to proactively avoid difficult and complex cases in pursuit of better evaluation performance. This paper reveals that the forensic appraisal dismissal process faces five key practical issues: a weak review mechanism for dismissals, a lack of collaboration between courts and appraisal institutions, insufficient supporting services, an absence of checks and balances, and poor coordination within the regulatory system. To address these problems, measures such as refining dismissal review standards, establishing a regular communication platform, strengthening technical support and resource allocation, and instituting a two-way accountability mechanism can be implemented. These steps will systematically improve the appraisal dismissal process, reduce unreasonable dismissals, and enhance the efficiency, transparency, and credibility of forensic appraisal work.
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    Rethinking and Advancement of Reappraisal Opinion Replacement Model
    YU Xiaohang
    Chinese Journal of Forensic Sciences    2026, 0 (2): 9-18.   DOI: 10.3969/j.issn.1671-2072.2026.02.002
    Abstract (447)      PDF(pc) (1413KB)(649)       Save
     Five years after the promulgation and implementation of the Provisions by the Supreme People’s Court on Evidence in Civil Procedures, the civil reappraisal procedure underwent significant changes. Following the amendment of the law, the reappraisal opinion was granted the procedural effect of mandatory exclusion of the original appraisal opinion, shifting from “weighing mode” to “substitution mode”. The “reappraisal provisions” have been integrated into the core provisions of relief procedures, including correction, supplementary questioning, re-questioning, and supplemental appraisal, presenting a new pattern while also facing issues of unclear connotations and extensions. Over the past five years of judicial practice, it has exposed a series of new problems and persistent issues, such as generalized application of appraisal relief procedures and obstacles to reappraisal. To address the aftermath of these transitions, we should begin by examining the operation of the reappraisal process, under the “substitution mode”  such as the nested procedural provisions, the unclear level of review, system cost considerations, and other underlying reasons. Finally, we should propose diverse solutions to the practical dilemmas of the “substitution mode”, aiming to shift the focus from “back-end passive alternative” to “front-end active participation” to compensate for the shortcomings of the “substitution mode” at the front end.
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    Getting to the Root and Clarifying the Origin of Forensic Science
    HE Jiahong, HE Ran
    Chinese Journal of Forensic Sciences    2026, 0 (2): 1-8.   DOI: 10.3969/j.issn.1671-2072.2026.02.001
    Abstract (443)      PDF(pc) (1316KB)(570)       Save
    To build an autonomous knowledge system with Chinese characteristics, we must dig out and carry forward the excellent traditional Chinese culture, and take the identifying concepts as the basis to form an original theoretical system. Forensic science is originated in China, developed in Europe and America, and prevailed in the world. Song Ci’s Collected Cases of Washing-away Wrongs is the earliest work of forensic science in the world. In Chinese,“fa-ting science”is a loanword, and an inaccurate translation for forensic science. However,it has been used widely in China, from academic research to discipline construction, with the suspicion of abuse. Therefore, we should use “si-fa science” instead of “fa-ting science”, and build on this basis an autonomous knowledge system of forensic science with Chinese characteristics, including the theoretical system and the discourse system.
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    On the Scope of Specialized Issues in Forensic Appraisal
    XIAO Chenghai, LIU Chen
    Chinese Journal of Forensic Sciences    2026, 0 (1): 9-20.   DOI: 10.3969/j.issn.1671-2072.2026.01.002
    Abstract (419)      PDF(pc) (1276KB)(692)       Save
    With respect to the scope of specialized issues of forensic appraisal, there are certain disputes or difficulties to be resolved in three aspects: legislative authorization, distribution of power, responsibility between forensic experts and judges, and actual conditions. In terms of legislative authorization, the legislation does not limit specialized issues of forensic appraisal to the “four major categories”, but affirms that “other categories” also belong to forensic appraisal. Therefore, the scope of specialized issues of forensic appraisal must be substantively judged. From the perspective of the distribution of powers and responsibilities between forensic experts and judges, specialized issues of forensic appraisal should include all issues about technical fact in a case that cannot be understood by ordinary people's senses or cannot be judged according to common sense, as well as issues about normative fact that are specially authorized by legislation or judicial interpretation, to be judged by social institutions or administrative agencies in litigation. On this basis, these factual issues must also have actual conditions for the implementation of forensic appraisal before they can be the object of appraisal; this requires that the implementation of forensic appraisal has both mature and reliable scientific and technological conditions and does not undermine litigation values such as substantive justice, due process, and litigation efficiency.
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    Research on the Examination and Judgment of Appraisal Opinions in the Medical Malpractice Crime
    XIAO Ping, HU Junjie
    Chinese Journal of Forensic Sciences    2026, 0 (2): 89-97.   DOI: 10.3969/j.issn.1671-2072.2026.02.011
    Abstract (416)      PDF(pc) (1259KB)(562)       Save
    In the medical malpractice crime, appraisal opinions, which are widely used as scientific evidence, play a pivotal role in the determination of facts such as the constitutive elements of the crime. However, in judicial practice, the current mechanism for reviewing appraisal opinions tends to be formalized and passive. The theoretical differences in identifying “seriously irresponsible” and the substantive review of scientific issues have become two major problems in the review of appraisal opinions, and the review of different types of appraisal opinions also lacks a differentiation mechanism. By increasing the responsibility of investigation and prosecution organs for preliminary review, strengthening the substantive review in the trial stage from the perspectives of review standards, professionals, and identification models, and distinguishing between various types of appraisal opinions on the basis of the “dualistic” appraisal mechanism in the medical malpractice crime, it is possible to effectively break through the existing dilemma of reviewing appraisal opinions in this area.
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    The Triple Logic and Realization Paths in the Substantiation Process of Cross-examining Civil Appraisal Opinions
    ZHANG Lingyan, WEI Yanru
    Chinese Journal of Forensic Sciences    2026, 0 (1): 55-63.   DOI: 10.3969/j.issn.1671-2072.2026.01.007
    Abstract (403)      PDF(pc) (1302KB)(497)       Save
    By sorting out the triple logic underpinning the substantiation process of cross-examining civil appraisal opinions since 1979, we find that the first dimension has achieved a cognitive shift from conclusion to opinion, yet still tends to examine appraisal opinions from a static, results-oriented perspective. In the second dimension, appraisers’ court appearances have yielded notable effects, but the relevant rules remain overly broad; while the system allowing expert assistants to appear in court has been established, their litigation status remains controversial, with a mismatch between rights protection and role positioning. As for the third dimension, judges’ participation in cross-examination is mired in a dilemma of ambiguous role orientation and inadequate professional competence, which blocks the path connecting cross-examination to the formation of judicial conviction. In view of the above, the substantiation of cross-examination for civil appraisal opinions in China should be based on the binary framework of expert confrontation. First, it is imperative to dynamically grasp the entire generation process of appraisal opinions from a life-cycle perspective. Second, guided by the principle of equal confrontation, we should refine the rules governing appraisers’ court appearance, clarify the scientific position of expert assistants, and establish a right protection mechanism for them to obtain information throughout the judicial authentication process in light of their role as technical representatives. Third, efforts should be made to enhance judges’ cross-examination capabilities, thereby smoothing the path from cross-examination to judicial conviction and enabling a more effective response to modern litigation.
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    Quantitative Analysis of Legal Normative Texts on Forensic Appraisal in China
    LIU Qining, WANG Hairong
    Chinese Journal of Forensic Sciences    2025, 0 (6): 1-12.   DOI: 10.3969/j.issn.1671-2072.2025.06.001
    Abstract (386)      PDF(pc) (2346KB)(606)       Save
    A three-dimensional analytical framework of “policy tools-subject matter of legal norms-validity of legal norms” is constructed to conduct a content analysis and quantitative evaluation of the legal normative texts on forensic appraisal at the national level in China. The findings reveal the following issues within the current legal norms: an imbalanced structure of policy tools; significant disparities in the regulatory focus across different subject matters; and a generally low level of normative validity coupled with insufficient systemic integration. To improve the system of legal norms for forensic appraisal and perfect the unified management system, the following recommendations are proposed: optimize the mix of policy tools to achieve a more balanced structure and enhance support for industry development; broaden the coverage of regulated subject matters while prioritizing breakthroughs in key areas; and transition from a fragmented approach to a systematic one, thereby strengthening the legal system in forensic appraisal.
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    Study on the Social Governance Function of Forensic Appraisal
    HU Xiangyang, FAN Tianyu
    Chinese Journal of Forensic Sciences    2025, 0 (6): 13-21.   DOI: 10.3969/j.issn.1671-2072.2025.06.002
    Abstract (386)      PDF(pc) (1243KB)(615)       Save
     Forensic appraisal has become increasingly important in social governance, but the current system faces many problems in its interaction with social governance, such as the contradictions between its public-welfare nature and marketization, insufficient transparency in the appraisal process, relatively low credibility of appraisal opinions, and significant technological limitations. These problems hinder the full realization of forensic appraisal’s potential. Through in-depth analyses of the existing institutional mechanisms and specific case practices, this study proposes to: promote deep integration between forensic appraisal and alternative dispute resolution (ADR) mechanisms; advance its public-interest-oriented management; expand its field of application and service scope; enhance its professionalism and credibility; and strengthen oversight and vocational education. These measures aim to further leverage the key role of forensic appraisal in social governance. Through concerted efforts, its function in social governance can be significantly improved, providing a solid guarantee for achieving social fairness, justice, harmony, and stability.
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    On the Reform of the French Forensic Appraisal System and Its Implications for China
    FANG Baoguo
    Chinese Journal of Forensic Sciences    2026, 0 (3): 1-11.   DOI: 10.3969/j.issn.1671-2072.2026.03.001
    Abstract (384)      PDF(pc) (1173KB)(384)       Save
    Using procedural rationality as the theoretical framework, this study systematically deconstructs the reform mechanism of the French forensic appraisal system and its implications for China’s judicial reform. Through the dual filtering mechanism of the roster system, the three-tier procedural supervision system, and the remedy mechanism based on collective rationality, France has established a collaborative governance framework integrating technical rationality and judicial authority, and has realized the judicial transformation of scientific judgments. However, the system still faces inherent tensions, including the paradox of cognitive dependence, the potential danger of power concentration, and the challenge of algorithmic black boxes, driving France to achieve dynamic adjustments through reforms such as strengthening judges’ obligation of technical review, introducing checks and balances in roster selection, and codifying algorithmic transparency into law. The French experience reveals the core logic that procedure takes precedence over technology. First, China should abandon the inertia of administrative management, promote the transformation of legislation from management-oriented law to procedure-oriented law, and incorporate review rules for technical disputes by amending the three major procedural laws. Second, China should build a two-track roster system (technical access review by the Ministry of Justice and ethical review by the Supreme People’s Court), and transform the principle of fault-based liability in the French Civil Code into a lifelong accountability system for forensic appraisers. Third, through the establishment of a technical judge system and the enhancement of the cross-examination rights of expert assistants, China should realize the coordination between professional autonomy and public participation under judicial guidance, thereby bridging the gap between technical rationality and judicial justice. Ultimately, procedural rationality becomes the embodied carrier of justice. Its value lies not in eliminating scientific uncertainty, but in transforming technical disputes into a productive force for judicial consensus through an institutionalized dialogue mechanism.
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    Research on the Paradigm Shift and Institutional Response Mechanisms of Forensic Appraisal Driven by New Quality Productive Forces
    WANG Haixia
    Chinese Journal of Forensic Sciences    2026, 0 (1): 85-96.   DOI: 10.3969/j.issn.1671-2072.2026.01.011
    Abstract (374)      PDF(pc) (1312KB)(537)       Save
    As the core engine driving high-quality economic development, new quality productive forces empower the intelligent transformation of the forensic appraisal field. The Fourth Plenary Session of the 20th Central Committee of the Communist Party of China and the “Recommendations of the Central Committee of the Communist Party of China for Formulating the 15th Five-Year Plan for National Economic and Social Development” have made explicit arrangements for developing new quality productive forces, providing policy guidance for their integration with the forensic appraisal field. This study deconstructs the core connotation of new quality productive forces, analyzes their coupled and symbiotic relationship with the forensic appraisal field, and identifies current obstacles hindering their full release, including the absence of legal regulations for intelligent appraisal, data leakage risks, deepfake issues, algorithmic black box dilemmas, and the shortage of new-type appraisal professionals. To address these challenges, this study proposes the following measures: formulating a unified Forensic Appraisal Law incorporating intelligent elements; establishing a hierarchical and categorized data access and blockchain-based evidence preservation mechanism; strengthening the obligation to label AI-generated appraisal results to address deepfake issues; creating an algorithm transparency and accountability mechanism; and cultivating interdisciplinary professionals with both appraisal expertise and intelligent technology skills through industry-academia-research integration. These measures aim to provide institutional support for the paradigm shift in forensic appraisal and promote high-quality development in China’s forensic appraisal field.
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    Preliminary Study on the Application and Development of New-Generation Artificial Intelligence Including Generative Artificial Intelligence in Forensic Appraisal
    LI Bing, CUI Hangyuan, YI Lijin
    Chinese Journal of Forensic Sciences    2026, 0 (2): 53-61.   DOI: 10.3969/j.issn.1671-2072.2026.02.007
    Abstract (351)      PDF(pc) (1576KB)(522)       Save
    With the continuous development of artificial intelligence (AI) technology, the application of the “AI + forensic appraisal” model has gradually become more mature and widespread. Recently, the new quality productive forces, represented by generative artificial intelligence (GenAI), have been driving a new round of innovation and transformation in the field of forensic appraisal. By reviewing the development history and policy guidance of GenAI, this study analyzed its application practices, risk constraints, and related legal issues in the field of forensic appraisal from multiple perspectives. Furthermore, to explore the feasibility of applying new-generation AI technology in the field of forensic appraisal, the study conducted an experimental analysis using a representative AI model as an example. By integrating the above research findings, the study provides insights and recommendations for the new development trends of the “AI + forensic appraisal” model.
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    2025 Symposium on Forensic Theory and Practice: Review of the Special Topic on Forensic Appraisal Reform and Development in the New Era
    LIU Jijuan, WANG Jie, LIU Jiangfeng, KOU Yingying
    Chinese Journal of Forensic Sciences    2026, 0 (3): 101-106.   DOI: 10.3969/j.issn.1671-2072.2026.03.011
    Abstract (339)      PDF(pc) (1170KB)(292)       Save
    The 2025 Symposium on Forensic Theory and Practice was successfully held in Shanghai from November 26 to 28, 2025. As a sub-venue of the symposium, the special session on Reform and Development of Forensic Appraisal in the New Era invited experts and scholars from judicial administrative agencies, industry associations, forensic appraisal institutions, and universities. In-depth discussions were conducted focusing on the reform of the forensic appraisal management system, disciplinary construction, industry governance, and the improvement of the service system. By summarizing the practical achievements, common problems, and optimization paths of the reform and development of the forensic appraisal industry, this paper systematically sorts out the consensus and different suggestions put forward by the participating experts, so as to provide solid theoretical and practical references for the high-quality development of the forensic appraisal industry in the new era.
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    On Judicial Application of Specialized Review Opinions on Technical Evidence by Procuratorial Organs
    YANG Yuze, SHEN Hongwei
    Chinese Journal of Forensic Sciences    2026, 0 (2): 69-79.   DOI: 10.3969/j.issn.1671-2072.2026.02.009
    Abstract (326)      PDF(pc) (1473KB)(441)       Save
    Criminal proceedings in the digital age must address an increasing number of issues involving specialized technical fields. The proper application of specialized review opinions on technical evidence benefits both the enhancement of evidence proof capabilities of the  procuratorial organs and the improvement of factual accuracy in case determinations by courts. However, the nature of evidence of these opinions lacks legislative confirmation, rendering their judicial application legally unstable. From the perspective of evidence law, recognizing their nature as evidence aligns with their intrinsic attributes and follows a tripartite logic: adhering to technical specificity, reducing evaluation risks, and strengthening supervisory functions. Judicial practice should prioritize constructing review rules to avoid superficial court examination under the misrepresentation of “knowledge-power” discourse. The specific points can be focusing on evidence categorization, case file transfer and access, cross-examination of personnel, and evaluation standards, which can contribute to refining China’s criminal evidence framework and advancing the modernization of the rule of law with Chinese characteristics.
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    Examination and Reflection on Quality Control of Forensic Science Laboratories in China
    HE Xiaodan
    Chinese Journal of Forensic Sciences    2026, 0 (2): 80-88.   DOI: 10.3969/j.issn.1671-2072.2026.02.010
    Abstract (322)      PDF(pc) (1342KB)(503)       Save
    Quality management is widely adopted in the field of forensic science worldwide to enhance the reliability of appraisal opinions. The quality control of forensic science laboratories in China faces multiple institutional constraints, which not only control the quality of appraisal opinions but also constrain, to some extent, the generation of appraisal opinions and the resolution of specialized issues. The fundamental purpose of quality “control” is to promote the admissibility of appraisal opinions. In the process of quality “control”, it is necessary to be vigilant against being trapped in the mold of mechanization and inertia thinking. The quality control of forensic science laboratories in China requires a paradigm shift, returning to the essence of quality control centered on “ability”, supplementing the lack of specific standards with general principles of method validation, and moving towards a more resilient quality control system.
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    On the Scientific Aspects of Ancient Chinese Forensic Examination and Its Contemporary Implications
    YU Xinyan, DUAN Liyu
    Chinese Journal of Forensic Sciences    2025, 0 (6): 78-87.   DOI: 10.3969/j.issn.1671-2072.2025.06.009
    Abstract (320)      PDF(pc) (1150KB)(442)       Save
    Ancient Chinese forensic examination held a leading position in the world for a long time but gradually declined in modern times and was eventually surpassed by the West, resulting in a lack of indigenous theories in China’s current forensic appraisal knowledge system. An analysis of historical materials reveals that ancient Chinese forensic examination was characterized by traits typical of natural history, emphasizing phenomenological recording and empirical accumulation while lacking systematic theoretical construction and scientific rigor. This model historically facilitated judicial practice but failed to promote the formation of a modern scientific system due to the absence of a spirit of in-depth inquiry. To establish an independent knowledge system of forensic scinece in China, it is necessary to proceed from four aspects: the interpretation of historical materials, talent cultivation, knowledge popularization, and the improvement of tradition, thereby promoting innovation in the disciplinary system. Specifically, the disciplinary system should be enhanced by integrating natural historical traditions with modern scientific rationality; a dual-system education approach should be adopted to cultivate both “engineer-type” and “scientist-type” talents, and forensic science content should be strengthened in legal education. Meanwhile, mathematical and logical thinking should be incorporated into technical methodology to advance the modern transformation of forensic science disciplines. The experiences and lessons of ancient Chinese forensic examination provide an important reference for the innovative development of contemporary forensic science knowledge. To build a forensic science disciplinary paradigm with Chinese characteristics, it is crucial to adhere to the essentials while seeking innovation, which will help enhance China’s capacity for constructing an autonomous knowledge system in forensic science.
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    The Theory of Common-Sense Appreciation Capacity in Assessing the Criminal Responsibility of Individuals with Mental Disorders: Content, Impact, and Evaluation
    JIANG Pengfei
    Chinese Journal of Forensic Sciences    2025, 0 (6): 94-99.   DOI: 10.3969/j.issn.1671-2072.2025.06.011
    Abstract (306)      PDF(pc) (1102KB)(408)       Save
    The theory of common-sense appreciation capacity stands in contrast to the theory of substantial appreciation capacity. The former posits that common-sense appreciation capacity constitutes the requisite form of appreciation within the context of criminal law. Consequently, individuals with mental disorders who have lost substantial appreciation capacity but retain common-sense appreciation capacity may be assessed as having diminished criminal responsibility, rather than being found not criminally responsible. However, this theory lacks the necessary analytical framework to conduct a substantive examination based on pathological motives and related factors. Consequently, it proves difficult to effectively identify individuals with mental disorders who lack the “possibility of alternative lawful conduct” and should therefore be excused. The application of this theory thereby diminishes the assessment of culpability for such individuals, which conflicts with the principle of culpability. Therefore, China should adhere to the theory of substantial appreciation capacity in the evaluation of criminal responsibility.
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