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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 （686）      PDF（pc） （1407KB）（972）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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On the Conceptual Dimensions and Evaluation Paradigms of Scientific Evidence— From the Perspectives of Law and Philosophy CAO Jia, CHEN Xiaoyong Chinese Journal of Forensic Sciences    2022, 0 (4): 1-11.   DOI: 10.3969/j.issn.1671-2072.2022.04.001 Abstract （191）      PDF（pc） （1512KB）（948）       Knowledge map    Save The conceptual dimensions and the evaluation paradigms constitute two basic aspects of the scientific evidence. The former belongs to the ontology problem. What is to be solved is: what is scientific evidence? The latter belongs to the epistemic problem and what is to be solved is how to evaluate the reliability of scientific evidence. On the premise of anchoring the connotation of the concept, the evaluation of scientific evidence could be trustworthy. Through the dual fields of law and philosophy, the concept of scientific evidence is divided into three dimensions, namely, scientificity, technicality and legality. And the evaluation of scientific evidence is divided into two paradigms, namely, paradigm of understanding, paradigm of justification. The mainstream paradigm of understanding faces many difficulties and would not help to solve judicial practice problems. In contrast, the paradigm of justification has theoretical and practical advantages, pointing out the correct direction for the evaluation of scientific evidence. In general, the research on the basic problems of scientific evidence is helpful to solve the theoretical and practical dilemma of forensic appraisal in China. Related Articles | Metrics | Comments（0）

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Study on the Adopting Procedure of Forensic Appraisal from the Perspective of New Regulations on Civil Evidence TIAN Yiyao, WANG Changyang Chinese Journal of Forensic Sciences    2022, 0 (4): 12-19.   DOI: 10.3969/j.issn.1671-2072.2022.04.002 Abstract （203）      PDF（pc） （1259KB）（890）       Knowledge map    Save The new provisions on forensic appraisal in the New Regulations on Civil Evidence show that the Chinese judicial organs have noticed the problems in the field of forensic appraisal such as decentralization of starting right, falsification of examination procedures, and authentication superstition. From the point of view of normative interpretation, we should not only realize that the starting procedure of forensic appraisal under the inquisitorial system can solve the dilemma of multiple identifications and repeated identifications, but also admit that the adversarial debate in the examination procedure under the adversary system is more conducive to the accuracy of fact-finding. At the same time, the corresponding functional boundary of the inquisitorial system and adversary system shall be specified to lay the foundation for the system construction. Hence, the admissibility procedure for the forensic appraisal can be deconstructed into three stages: starting procedure, examination, and authentication: firstly, it is proposed that the starting procedure of forensic appraisal shall insist on the inquisitorial system and set boundaries for the right expansion of the parties concerned; secondly, guided by the concept of substantive trial, it is proposed at the examination procedure to lay down rules in respect of strengthening the obligation of expert appearance, establishing the pre-trial disclosure and cross-examination rules, and strengthening the examination of check samples; thirdly, guided by the trial-centered concept, it is proposed that the authentication procedure shall enhance the assistance of expertise at the certification stage to assist judges in adopting expert opinions. Related Articles | Metrics | Comments（0）

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Review of Research Literatures on Forensic Appraisal System from 2016 to 2020 Chinese Journal of Forensic Sciences    2022, 0 (4): 74-81.   DOI: 10.3969/j.issn.1671-2072.2022.04.010 Abstract （148）      PDF（pc） （1324KB）（834）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Forensic Clinical Analysis of the Relationship between Trauma and Aortic Dissection Injury in Six Cases GU Xiaofeng, FEI Chengping Chinese Journal of Forensic Sciences    2022, 0 (4): 100-105.   DOI: 10.3969/j.issn.1671-2072.2022.04.014 Abstract （203）      PDF（pc） （825KB）（825）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Problems and Countermeasures of Revocation of Appraisal Opinions by Appraisers— The Empirical Analysis of Revocation of Appraisal Opinions in 63 Civil Cases CHEN Xianyu Chinese Journal of Forensic Sciences    2022, 0 (5): 10-16.   DOI: 10.3969/j.issn.1671-2072.2022.05.002 Abstract （238）      PDF（pc） （1007KB）（814）       Knowledge map    Save Nowdays, the revocation of appraisal opinion occurs more frequently in civil judicial practice. Through empirical research, it is found that the time when an appraisal opinion is withdrawn often occurs before the opinion has been accepted, and most of the revocation are self-protection measures of appraisers due to the pressure from the parties’ petition, complaint or trouble. However, the revocation of appraisal opinions reduces the efficiency of litigation, impares the credibility of trials, and covertly encourages the parties to take improper actions to overturn appraisal opinions. In this context, Article 42 of Several Provisions of the Supreme People’s Court on Evidence in Civil Litigation promulgated in 2019 regulates the revocation of expert opinions. Nevertheless, there are still some problems in this regulation, such as vague, poor maneuverability and lack of process control of appraisal opinions. In order to regulate the revocation of appraisal opinions in judicial practice, under the guidance of “revocation as an exception, non-revocation as the principle”, legislation should only allow wrong appraisal opinions to be withdrawn after the expert opinions have been accepted. Related Articles | Metrics | Comments（0）

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Application of Scattered Objects on the Scene of Road Traffic Accidents in Forensic Appraisal ZHANG Peifeng, ZHANG Hui, LI Wei Chinese Journal of Forensic Sciences    2022, 0 (4): 106-110.   DOI: 10.3969/j.issn.1671-2072.2022.04.015 Abstract （205）      PDF（pc） （9703KB）（803）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Research Progress on the in Vivo Analytical Methods of Designer Benzodiazepines  LU Jiayue, YAN Hui, SHEN Min Chinese Journal of Forensic Sciences    2022, 0 (4): 20-32.   DOI: 10.3969/j.issn.1671-2072.2022.04.003 Abstract （247）      PDF（pc） （1957KB）（795）       Knowledge map    Save Designer benzodiazepines is a new class of psychoactive substances that have the core structure of benzodiazepines but do not have legal clinical use. In the past two years, they have become the most frequently detected type of compounds in new psychoactive substances (NPS) cases worldwide. These compounds produce sedative, hypnotic, muscle relaxation, euphoria and other effects after ingestion. They are often used as substitutes for prescription drugs in drug abuse or drug-assisted crimes such as "rape and mugging", posing a serious threat to public safety. Therefore, the efficient identification of new benzodiazepines is an important demand in the field of forensic toxicology. The research progress on the structure-activity relationship, in-vivo process, sample preparation, analytical methods and case applications of new benzodiazepine drugs is reviewed to provide reference for forensic practice. Related Articles | Metrics | Comments（0）

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Special Review of Technical Evidence in Criminal Prosecution QIN Ye Chinese Journal of Forensic Sciences    2022, 0 (5): 1-9.   DOI: 10.3969/j.issn.1671-2072.2022.05.001 Abstract （255）      PDF（pc） （6123KB）（784）       Knowledge map    Save Through sorting out the wrongful cases in recent years, it is found that the effective using of special review on technical evidence can prevent the occurrence of unjust and wrongful cases. In order to make the special review on technical evidence play its role in supervision and error correction more effectively, based on the in-depth analysis of concepts and features of technical evidence, this paper pointed out that the test-type technical evidence was the key object of special review. Considering from the aspects of procedural and substantive review, according to the problems of technical evidence discovered in the unjust and wrong cases, the specific matters of special review on technical evidence were sorted out. To realize the function of special review in case quality control, we need to effectively accomplish the transformation from scientific cognition to legal cognition in special review, cultivate more interdisciplinary talents with legal and technical knowledge, use intelligent applications to ease the resource allocation conflicts in special review, and build a perfect specification system for special review on technical evidence. Related Articles | Metrics | Comments（0）

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Research on the Identification of Highly Imitated Photosensitive Seal Impressions WANG Jun, YANG Yi Chinese Journal of Forensic Sciences    2022, 0 (4): 60-68.   DOI: 10.3969/j.issn.1671-2072.2022.04.008 Abstract （187）      PDF（pc） （12530KB）（779）       Knowledge map    Save Objective To study the typical characteristics of highly imitated photosensitive seal impressions and analyze the causes of these characteristics, thus providing reference for the identification of highly imitated photosensitive seal impressions in forensic practice. Methods Photosensitive seals of the same digital plate were prepared by scanning the surface of the original seal or the seal impressions. The differences between the real seal impressions and the highly imitated seal impressions were compared by image processing software and a super field depth three-dimensional stereo microscope. The inherent and valuable characteristics of imitated photosensitive seal impressions were analyzed. Results The characteristics of the imitated seal impressions were different from each other with different producing parameters, such as ink quantity, print resolution and image revision methods. But the characteristics of highly imitated photosensitive seal impressions were specific and stable on the pattern and text quality, stroke details, external characteristics and punctate leakage, etc. Conclusion These characteristics are valuable for the identification of highly imitated photosensitive seal impressions, which should be given more attention in forensic practice. Related Articles | Metrics | Comments（0）

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Monitoring Technology of Drugs in Sewage: Progress, Challenges and Prospects XIANG Ping Chinese Journal of Forensic Sciences    2022, 0 (5): 17-21.   DOI: 10.3969/j.issn.1671-2072.2022.05.003 Abstract （321）      PDF（pc） （1086KB）（775）       Knowledge map    Save Based on practical experiences in the development and application of monitoring technology of drugs in sewage, this review discusses the progress and challenges of this technology in our country and the next works are prospected as well.It is suggested that the number and scale of laboratories for monitoring of drugs in sewage should be strictly controlled. Specialization of the laboratory and the standardization of monitoring procedures should be guaranteed. The accuracy, reliability and comparability of monitoring of drugs in sewage and data analysis can be enhanced through the formulation and implementation of standards. Under new trends in practical demands and technical difficulties in drug control, it is urgent to develop a monitoring system for illicit drugs including newly listed drugs, for the sake of rapid detection, accurate early warning and scientific evaluation. Related Articles | Metrics | Comments（0）

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Legislation of Forensic Appraisal in China: Model Selection, Basic Standpoint and System Structure GUO Hua Chinese Journal of Forensic Sciences    2022, 0 (6): 1-8.   DOI: 10.3969/j.issn.1671-2072.2022.06.001 Abstract （325）      PDF（pc） （1283KB）（773）       Knowledge map    Save The legislation of forensic appraisal in China is facing a difficult choice, whether to revise the Decision of the Standing Committee of the NPC Regarding Administration Issue of Forensic Appraisal （referred to as the Decision hereinafter） or to formulate a special law on forensic appraisal. If a special law on forensic appraisal is to be formulated, whether to adopt a Forensic Appraisal Management Law or a Forensic Appraisal Law. Actually, there are different standpoints and proposals on these issues, both in the theoretical community and in the practical sector. As a legal document for the reform of the forensic appraisal system, the Decision has encountered a new situation. Due to its existing gaps and deficiencies, the Decision needs to be improved. The issue of forensic appraisal not only involves administrative management and litigation, but also has an inherent and inextricable link with law enforcement, supervision, arbitration, mediation, etc. In the face of the needs of forensic appraisal in multi-field and the limitations of the Decision, forensic legislation should adhere to an open attitude and stance, and formulate a more systematic Forensic Appraisal Law. The formulation of the Forensic Appraisal Law should adhere to the principle of a unified forensic management system, maintain coordination with other laws and legal activities on the basis of the Decision, and absorb the relatively mature experience of local regulations and the practice of foreign legislation. In addition, it is necessary to maintain the unity of scientificity and legality, and clarify the public welfare nature of forensic appraisal and the nature and position of forensic appraisal institutions in terms of structure and content. Only by constructing a new mechanism for connecting “law and law” for forensic appraisal management, implementation and use, can the legislation of forensic appraisal be consistent with policy guidance, the process of rule of law and the pace of reform, and give full play to its guaranteed function as assisting case handling or law enforcement organs in discovering the truth. Related Articles | Metrics | Comments（0）

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Research on the Nature Orientation and Institutional Mechanism of Forensic Appraisal Institutions JINAG Shengchao, CHEN Xiangfang Chinese Journal of Forensic Sciences    2022, 0 (4): 82-89.   DOI: 10.3969/j.issn.1671-2072.2022.0４.011 Abstract （204）      PDF（pc） （1061KB）（767）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Discovering Global Trends in Illicit Drugs by Wastewater-Based Epidemiology REN Hang, ZHAO Yunli, YUAN Shuai, XIANG Ping, SHEN Baohua Chinese Journal of Forensic Sciences    2022, 0 (5): 22-38.   DOI: 10.3969/j.issn.1671-2072.2022.05.004 Abstract （224）      PDF（pc） （1354KB）（754）       Knowledge map    Save Illicit drugs abuse has a serious impact on social harmony, stability and people’s health. The problem of illicit drugs abuse around the world is still serious. Wastewater-based epidemiology （WBE） has become a “black technology” in the current field of drug control. The targets have extended from traditional illicit drugs to new psychoactive substances （NPS）. Having referred to WBE related researches at home and abroad, this paper summarized the international researches on monitoring illicit drugs consumption by WBE, and analyzed the global trends in traditional illicit drugs and NPS abuse. There were obvious differences of prevalent illicit drugs among the six continents. Cocaine was the mainly prevalent illicit drug in Europe, followed by amphetamines. Methamphetamine was a common illicit drug in North America, Oceania and Asia, but its consumption in Asia was obviously low. Cocaine was also popular in South America and Africa, though studied less in these two continents. Cannabis was consumed in all the six continents. WBE can reflect the trends of global illicit drugs consumption in time and geography more objectively and truly, and provide a reference for the effective supervision of illicit drugs implemented by states. Related Articles | Metrics | Comments（0）

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Research on the Legislation of Forensic Appraisal ZHU Jinfeng, WU Hejian Chinese Journal of Forensic Sciences    2022, 0 (6): 9-18.   DOI: 10.3969/j.issn.1671-2072.2022.06.002 Abstract （181）      PDF（pc） （1430KB）（749）       Knowledge map    Save The legislation of forensic appraisal is the basis for the reform of the forensic appraisal system, and it is also an effective approach to alleviate the predicament of the forensic appraisal industry and promote the reform and development of forensic appraisal. From the viewpoint of commonweal attribute of forensic appraisal, on the basis of analyzing the current status and dilemma of the legislation of forensic appraisal in China, the authors take the view that the legislation of forensic appraisal is the requirement of the central policy, and is also the inevitable result of local practice and concept changes. In the process of forensic appraisal legislation, it is the most appropriate way to revise the Decision of the Standing Committee of the NPC Regarding Administration Issue of Forensic Appraisal. During the revision process, attention should be paid to the specific mode, revision principles, and specific framework of forensic appraisal legislation in China. At the same time, it should focus on addressing key contents such as the position, management mode, identification standards, and identification procedures of forensic appraisal. Issues which get less attention, such as compulsory appraisal, legal aid and identification liens also require special regulations. These can accumulate experience and lay foundation for the formulation of the Forensic Appraisal Law. 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 （336）      PDF（pc） （417KB）（747）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Comparison and Prospect: Enlightenment about Future National Legislation Management from the Local Legislation of Forensic Appraisal — A Comparative Study on the New and Old Forensic Appraisal Management Regulations in Different Regions of China ZHU Bofeng, CUI Wei, XIE Tong, SONG Suimin, CONG Bin Chinese Journal of Forensic Sciences    2022, 0 (6): 19-27.   DOI: 10.3969/j.issn.1671-2072.2022.06.003 Abstract （204）      PDF（pc） （1136KB）（746）       Knowledge map    Save Legalization of social governance is not only an important content of comprehensive law-based governance, but also an effective way to improve the level of social management. Using legal frameworks and methods to solve various problems in social governance benefits the legalization of social governance. The forensic appraisal management system is an important part of judicial governance and an indispensable aspect of social governance. Although our country has not promulgated the Forensic Appraisal Law, most provinces have issued corresponding Administrative Regulations on Forensic Appraisal (referred to as the Regulations hereinafter), from which valuable experience can been summarized. This article compares basic contents of the provincial forensic appraisal management regulations issued before and after the 2005 Decision of the Standing Committee of the NPC Regarding Administration Issue of Forensic Appraisal, as well as the changes and characteristics between the new and old regulations. The authors found that, compared with the previous Regulations, the new ones further regulate the practicing scope of forensic appraisal, stipulate stricter access thresholds and exit measures for forensic appraisal institutions and experts, and use various methods to improve the linkage between the administrative department of forensic appraisal and people's court. What's more, the new Regulations carry out a “full process, full elements” mechanism of supervision and management of forensic appraisal. Based on the analysis of the current status of forensic appraisal industry and management system, the authors put forward some suggestions on the reform of forensic appraisal management system in the future: The legislation of the Forensic Appraisal Law should adhere to the principle of the unification of socialist legal system, combine the experience gained in the management of forensic appraisal, strengthen the quantitative analysis of legislative decision-making to improve the quality of legislation, and focus on solving the pain points and difficulties in the field of forensic appraisal. Related Articles | Metrics | Comments（0）

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Study on the Forensic Appraisal Issues in Civil Litigation CHEN Yan, DAI Xiaohua Chinese Journal of Forensic Sciences    2022, 0 (5): 83-87.   DOI: 10.3969/j.issn.1671-2072.2022.05.010 Abstract （174）      PDF（pc） （672KB）（745）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Study on the Practicability and Speciality of Forensic Appraisal Items ZHANG Xiangyang Chinese Journal of Forensic Sciences    2022, 0 (5): 73-82.   DOI: 10.3969/j.issn.1671-2072.2022.05.009 Abstract （235）      PDF（pc） （1347KB）（742）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Reform and Improvement of China’s Forensic Appraisal Fee Management System YIN Shouge, WANG Jinlin Chinese Journal of Forensic Sciences    2022, 0 (4): 95-99.   DOI: 10.3969/j.issn.1671-2072.2022.04.013 Abstract （160）      PDF（pc） （643KB）（723）       Knowledge map    Save Related Articles | Metrics | Comments（0）