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Chinese Journal of Forensic Sciences    2022, 0 (3): 90-94.   Abstract （1768）      PDF（pc） （794KB）（952）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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The Deconstruction on the Adoption Rule of Expert Appraisal Opinion — based on the Instructive Cases No. 92 and No. 100 of Protection of New Varieties of Plants CHAI Yongwang Chinese Journal of Forensic Sciences    2022, 0 (3): 18-23.   Abstract （1643）      PDF（pc） （901KB）（842）       Knowledge map    Save In the process of fact-finding, although the forensic practice and theoretical research have reached a consensus on the stance of getting rid of the shackles of “scientific determinism” regarding the regulation of acceptance of expert opinions with strong professionalism and technology, they have not changed from the existing opinions after breaking away from the appraisal opinions. The method of interpretation is systematically constructed from the source material of the law. Judicial proof in the context of scientific evidence, based on the standpoint of respecting science and preventing judges from losing their evidence, it is not appropriate to make incompatible argumentative reasoning between scientific methods and legal methods. In a specific type of litigation where judges cannot absolutely monopolize the power of fact-finding, it is not appropriate to easily abandon the expert opinion and replace it with technical method of law. Only when the evidence is unqualified or the judge chooses a lower standard for the degree of proof of the expert opinion within the range of probability, it is appropriate to obtain interpretation and filling tools from legal methods. Related Articles | Metrics | Comments（0）

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Research on the Written Testimony System of Appraisers ZHU Jinfeng Chinese Journal of Forensic Sciences    2022, 0 (3): 1-9.   DOI: 10.3969/j.issn.1671-2072.2022.03.001 Abstract （1458）      PDF（pc） （1304KB）（1181）       Knowledge map    Save Written testimony is an effective way for appraisers to testify in court, and it is a model that provides justice and efficiency in litigation. In view of the weak research on written testimony system in theoretical and practical circles, it is necessary to define the concept, characteristics, theoretical and practical significance of the written testimony system. On this basis, a full analysis on whether the written testimony system is necessary and feasible to exist under the current judicial system is carried out. At the same time, in the rational construction of the written testimony system, in addition to clarifying basic matters such as the scope and procedures of the appraiser’s appearance in court, it is also necessary to make clear the legal responsibility of an appraiser’s refusing to testify in writing, and provide a supporting system to ensure the effective implementation of the appraiser’s written testimony system，carry out a comprehensive analysis and determination, and finally establish a complete appraisal system for written testimony. Related Articles | Metrics | Comments（0）

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System Reconstruction of Forensic Appraisal Assistance XUE Nan Chinese Journal of Forensic Sciences    2022, 0 (3): 10-17.   Abstract （1440）      PDF（pc） （1250KB）（890）       Knowledge map    Save The forensic appraisal assistance has experienced a long period of local practice, and the theoretical community has also conducted a lot of research. Due to the lack of unified standards at national level, the forensic appraisal assistance work in various regions presents a diversified model and keeps a lukewarm relationship with the legal aid system. There are many problems such as unclear positioning and different standards. In order to solve the current situation of local governments carrying out the work in their own way, the Ministry of Justice has decided to formulate unified regulations to provide overall guidance through standardized management of the connection between forensic appraisal and legal aid. However, due to the limitations of forensic administrative agencies, with the people as the center, their foothold aims to solve the current problems for people in economic difficulties in applying for identification, and lacks a comprehensive consideration of the factors involved in forensic appraisal assistance. From a long-term point of view, the formation of forensic appraisal assistance system should focus on the position of the forensic appraisal itself in litigation process, clarify the relationship between the parties, and clarify the functions of the system. With the aid of the early achievements of the local and national system, this article further reconstructs the forensic appraisal assistance system. Related Articles | Metrics | Comments（0）

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Forensic Analysis of 39 Cases That Exaggerated or Camouflage Vision Decrease after Eye Injury ZHOU Zhilu, CHEN Jiemin, LIU Ruijue, YU Xiaoying, WANG Meng, WANG Jie, HAO Hongxia, Chinese Journal of Forensic Sciences    2023, 0 (5): 52-56.   DOI: 10.3969/j.issn.1671-2072.2023.05.007 Abstract （952）      PDF（pc） （779KB）（840）       Knowledge map    Save Objective To investigate the characteristics of cases which exaggerated or disguised vision decrease during forensic medical appraisal after eye injury, summarizing the matters for attention in forensic medical appraisal practice. Methods Cases being identified as exaggerated or disguised vision decrease, from 2019 to 2022, were collected. The nature of the cases, general condition, injury objects, injury types, visual chart vision and examination results were analyzed statistically. Results 11 cases out of 39 cases had disguised binocular vision disorder. The type of injury was mostly eye adnexal injury, and the mode of injury was mostly boxing injury. The range of impaired visual acuity in disguise was between 0.05 and 0.4. Conclusion In the practice of eye injury assessment, the expert opinions can not only rely on the diagnosis of medical records and the self-reported visual acuity of the patients. It is necessary to take the degree of eye injury into consideration, and analyze objectively the correlation between visual impairment and trauma. Related Articles | Metrics | Comments（0）

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On the Understanding and Application of “Technical Methods” in Forensic Appraisal— from a Case of Handwriting Identification JIANG Shengchao Chinese Journal of Forensic Sciences    2023, 0 (2): 105-110.   DOI: 10.3969/j.issn.1671-2072.2023.02.015 Abstract （800）      PDF（pc） （1001KB）（929）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Statistical Analysis Report of National Forensic Appraisal in 2021 Public Legal Service Administration Bureau of the Ministry of Justice Chinese Journal of Forensic Sciences    2023, 0 (1): 107-110.   DOI: 10.3969/j.issn.1671-2072.2023.01.016 Abstract （761）      PDF（pc） （1407KB）（1226）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Examination and Reconstruction of Forensic Appraisal Grading System ZHU Jinfeng Chinese Journal of Forensic Sciences    2023, 0 (2): 1-11.   DOI: 10.3969/j.issn.1671-2072.2023.02.001 Abstract （659）      PDF（pc） （1516KB）（1194）       Knowledge map    Save The integrity grading of forensic appraisal institutions is an important part of the forensic appraisal grading system. The establishment and improvement of the forensic appraisal grading system is of great significance for improving the efficiency of appraisal opinion users, the efficiency of forensic appraisal management, the research and development of forensic appraisal technology, protecting the rights of all parties involved in litigation, and promoting the overall level of forensic appraisal industry. However, looking at the legislative and practical status of forensic appraisal integrity grading evaluation, there are certain problems in the positioning, legal basis, scope of level management, evaluation content and results application of grading evaluation, which will inevitably hinder the full play of the function of the forensic appraisal grading system. To truly improve the forensic appraisal grading system, it is necessary to have a clear understanding of the function of the grading system, as well as key contents such as evaluation subjects, evaluation objects, evaluation principles, evaluation elements, result application, and supporting system, in order to achieve the protection function of forensic appraisal in litigation entities and procedures. Related Articles | Metrics | Comments（0）

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Research Progress on New Psychoactive Substances of Phenethylamines and Their Metabolism ZHAI Wenya, XIANG Ping, QIAO Zheng, DANG Yonghui, SHI Yan Chinese Journal of Forensic Sciences    2022, 0 (3): 24-35.   Abstract （580）      PDF（pc） （1199KB）（896）       Knowledge map    Save New psychoactive substances of phenethylamines are the third synthetic drugs in the world, which have the dual effects of excitement and hallucination. The structure of this type of substance is unpredictable, and a series of compounds such as 2C, amphetamines, DOX, NBOMe, and FLY have been derived through structural modification. They are far more harmful than traditional drugs and seriously threaten individual health and public safety. With the continuous changes in the structure of new psychoactive substances of phenethylamines, more and more attention has been paid to the metabolism of these substances. The application of various in vivo and in vitro metabolism models and liquid chromatography-high resolution mass spectrometry has gradually clarified the metabolic process of new psychoactive substances of phenethylamines in human body, which has greatly enriched the metabolic data of these substances. The biotransformation reactions involved mainly include oxidative deamination, O-demethylation, N-acetylation, hydroxylation and so on. This article reviews the structure, classification and related metabolic models, metabolite analysis methods, and metabolites identification of new psychoactive substances of phenethylamines, in order to provide basic data for the abuse monitoring of these substances. Related Articles | Metrics | Comments（0）

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On the Evaluation of Medical Care Duty in Medical Damage Identification TIAN Shengnan, RU Lina, WANG Ziyu Chinese Journal of Forensic Sciences    2023, 0 (2): 100-104.   DOI: 10.3969/j.issn.1671-2072.2023.02.014 Abstract （519）      PDF（pc） （768KB）（811）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Research on the Integrity Grading of Forensic Appraisal Institutions— An Analysis Based on the Practice of Forensic Appraisal Industry CHEN Junwu Chinese Journal of Forensic Sciences    2023, 0 (2): 21-27.   DOI: 10.3969/j.issn.1671-2072.2023.02.003 Abstract （509）      PDF（pc） （978KB）（1034）       Knowledge map    Save On December 28, 2021, the Ministry of Justice issued the Measures for Evaluating the Integrity Level of Forensic Appraisal Institutions （Trial）. This document is an important measure taken by China in the integrity grading evaluation and management of forensic appraisal institutions, providing a new important standard and basis for the integrity grading evaluation and management of forensic appraisal institutions. On the occasion of the first anniversary of the promulgation of the Measures for Evaluating the Integrity Level of Forensic Appraisal Institutions （Trial）, we rethink on the current situation of the evaluation of the integrity grading of forensic appraisal institutions nationwide, analyze the constraints of the evaluation of the integrity grading of forensic appraisal institutions, and propose targeted solutions to the problems of the evaluation of the integrity grading of forensic appraisal institutions, it should be emphasized to increase the cultivation of forensic appraisal talent teams, to strengthen the internal management of forensic appraisal institutions, to review forensic appraisal opinions comprehensively, so as to continuously meet the needs of people for forensic appraisal services. Related Articles | Metrics | Comments（0）

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The Perfection of the Integrity System of Forensic Appraisers from the Perspective of the Connection between the Civil Procedure Law and Forensic Administration Management YANG Xiaoli Chinese Journal of Forensic Sciences    2023, 0 (2): 12-20.   DOI: 10.3969/j.issn.1671-2072.2023.02.002 Abstract （493）      PDF（pc） （1443KB）（1061）       Knowledge map    Save As litigation participants, forensic appraisers play an important auxiliary role in determining special factual issues in litigation. The honest practice of forensic appraisers is crucial for both the fair trial of cases and the healthy development of forensic appraisal institutions. In recent years, through the revision of the Civil Procedure Law and the issuance of relevant judicial interpretation, the requirements of the Civil Procedure Law about the principle of good faith of forensic appraisers have become more specific. The forensic administration department has issued a series of normative documents to supervise and manage the participation of forensic appraisal institutions and forensic appraisers in litigation activities. The perfection of the integrity system of appraisers in the context of the connection between the Civil Procedure Law and the forensic administrative management system still requires systematic arrangements at the level of the Civil Procedure Law, as well as clear and specific provisions in the forensic administrative management system. Related Articles | Metrics | Comments（0）

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The Characteristics and Enlightenment of Standardization of Forensic Appraisal in Australia LIAO Genwei Chinese Journal of Forensic Sciences    2023, 0 (2): 88-93.   DOI: 10.3969/j.issn.1671-2072.2023.02.012 Abstract （493）      PDF（pc） （980KB）（810）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Types of Extraterritorial Appraisal: Experience and Enlightenment from Condition Appraisal— Based on Practical Investigation in Japan SUN Hao Chinese Journal of Forensic Sciences    2023, 0 (2): 94-99.   DOI: 10.3969/j.issn.1671-2072.2023.02.013 Abstract （493）      PDF（pc） （891KB）（693）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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The Principle and Method of Evaluation of Primary Cause in Medical Injury Appraisal ZHU Guangyou Chinese Journal of Forensic Sciences    2022, 0 (6): 95-100.   DOI: 10.3969/j.issn.1671-2072.2022.06.013 Abstract （485）      PDF（pc） （799KB）（911）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Report of 2022 National Forensic Proficiency Testing Academy of Forensic Science Chinese Journal of Forensic Sciences    2023, 0 (6): 101-107.   DOI: 10.3969/j.issn.1671-2072.2023.06.016 Abstract （474）      PDF（pc） （692KB）（1163）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Evaluation Mechanism: The Institutional Value of the Integrity Archive System of Forensic Appraisal Institutions and Its Construction PAN Xi Chinese Journal of Forensic Sciences    2023, 0 (2): 28-34.   DOI: 10.3969/j.issn.1671-2072.2023.02.004 Abstract （468）      PDF（pc） （1037KB）（1064）       Knowledge map    Save Integrity has its connotation and extension in the field of forensic appraisal. Based on the examination of the concept of integrity in forensic appraisal in the context of Chinese and Western culture, the requirements of integrity for appraisal activities should be determined, and the content contained in integrity archive as an important record carrier for appraisal integrity should be clarified. The necessity of constructing the integrity archive system for forensic appraisal institutions lies in the special nature of appraisal activities as scientific behavior, the requirements for the forensic cognitive attribute of forensic appraisal activities, the requirements for controlling the compliance risks of forensic appraisal institutions, the provisions of relevant laws and regulations, and the requirements for regulating the order of forensic appraisal. By constructing a system of integrity archive system for forensic appraisal institutions and forensic appraisers, we can strengthen the management of integrity archive by the forensic appraisal industry association, enhance the effectiveness of integrity archive work in supervising forensic appraisal activities, improve the evaluation process and factors of integrity archive, and pay attention to the application of evaluation results. Related Articles | Metrics | Comments（0）

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Forensic Pathological Appraisal of Death by Vomit Inhalation CHEN Ji, ZHANG Kaiqiao, ZHANG Zhiwei, ZHOU Shiyi, TANG Wei, LI Rong, CHEN Feng Chinese Journal of Forensic Sciences    2022, 0 (3): 44-50.   Abstract （450）      PDF（pc） （840KB）（856）       Knowledge map    Save Objective To study the relationship between vomitus inhalation and death in depth, and to explore the key points of forensic medicine to identify vomitus inhalation death. Methods 27 cases with the performance of vomit inhalation accepted by Forensic Expertise Institute of Nanjing Medical University from January 1, 1999 to December 31, 2019, were collected and analyzed retrospectively in terms of general situation, inhalation causes, nature and site of inhalation, causes of death, forensic examination and basic diseases. Results In this group, the incidence of vomitus inhalation death was higher in males than in females, and the ages were mainly distributed in less than 5 years old and 21-65 years old. Pathological factors were the most important factors, followed by alcohol, physiological factors and trauma. The relationship between the nature of inhalation and the depth of inhalation may indicate whether it is the inhalation of vomitus before death, and the depth of the inhalation site may help to judge whether it is vomitus inhalation death. Inhalation asphyxia is the common death mechanism of vomit inhalation under the action of a single factor. It is necessary to pay attention to the causes of vomit inhalation and the relationship with other factors when vomit inhalation is involved in death under multiple factors. The key points to distinguish between vomitus inhalation and other causes of death with vomitus are the severity of asphyxia, the degree of vomitus entering the respiratory tracts and the related histological reaction. Conclusion To determine vomitus inhalation death, we need to consider the pre-death situation of the dead, the factors causing vomitus inhalation, the nature and degree of the inhalation, and the results of forensic examination, to exclude other causes of death with a performance of vomitus inhalation, and analyze the role of vomitus inhalation in the death, finally make a comprehensive evaluation. Related Articles | Metrics | Comments（0）

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Study on the Reliability of Forensic Science / Forensic Appraisal Opinions WANG Xu, ZHANG Mingrui, Chinese Journal of Forensic Sciences    2023, 0 (3): 1-8.   DOI: 10.3969/j.issn.1671-2072.2023.03.001 Abstract （398）      PDF（pc） （1235KB）（1234）       Knowledge map    Save In order to adapt to various investigation and evidence application purposes, forensic science/forensic appraisal opinions should have the characteristics of reliability and validity. This article begins with the question of the reliability of forensic science, and systematically sorts out the related concepts of forensic science. Taking the court science report of the US President’s Council of Advisors on Science and Technology in criminal justice as a reference, the central idea of the report is the reliability of appraisal opinions such as repeatability, reproducibility, and accuracy. The scientific standards for the reliability of forensic appraisal methods in the report are also extracted, which include foundational validity and validity as applied. The former includes two main elements: the need for reproducible and consistent appraisal procedures, and the need to empirically study the false positive rate and sensitivity. Based on the above review and analysis, it is proposed that the construction of reliability of the current appraisal opinions should include: ensuring the universal acceptance of scientific theories/methods applied by the forensic science community; ensuring the scientific validity of the appraisal method itself; setting requirements for the eligibility of appraisal personnel; preventing the influence of motive bias and cognitive bias on reliability; and strengthening the internal verification construction of forensic appraisal and comprehensively enhancing the quality control of forensic science/forensic appraisal to ensure the reliability of appraisal opinions. Related Articles | Metrics | Comments（0）

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The Determination of Trauma History is the Basis for the Assessment of Human Injury Degree WANG Qianqian, FANG Junjie Chinese Journal of Forensic Sciences    2022, 0 (5): 108-110.   DOI: 10.3969/j.issn.1671-2072.2022.05.014 Abstract （395）      PDF（pc） （417KB）（964）       Knowledge map    Save Related Articles | Metrics | Comments（0）