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Statistical Analysis Report of National Forensic Appraisal in 2022 Public Legal Service Administration Bureau of the Ministry of Justice Chinese Journal of Forensic Sciences    2024, 0 (1): 107-110.   DOI: 10.3969/j.issn.1671-2072.2024.01.015 Abstract （297）      PDF（pc） （1762KB）（1276）       Knowledge map    Save 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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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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Rethinking and Solution to the Practice of “Substituting Trial by Appraisal” XI Fei Chinese Journal of Forensic Sciences    2023, 0 (4): 10-18.   DOI: 10.3969/j.issn.1671-2072.2023.04.002 Abstract （236）      PDF（pc） （1339KB）（1152）       Knowledge map    Save The amended Several Regulations on Evidence in Civil Litigation issued by the Supreme People’s Court in 2019 have not resolved the problem of “substituting trial by appraisal” in judicial practice. The constraints on the behaviors of judges are ignored, and excessive regulations on the behaviors of forensic appraisal institutions and litigants are set. As the dominant person in a lawsuit, a judge’s failure to review the appraisal matters, non-participation in the appraisal process and the focus on the form review of the appraisal opinions are the fundamental reasons causing the result of “substituting trial by appraisal”. The corresponding path and method should be followed by the involvement of judicial power in the appraisal process. To be specific, the identification of the facts should be taken as the center when the appraisal is initiated, and the parties shall undertake the burden of proof of “minimum evidence”, while the judge should accurately position the “specific issues” and determine the appraisal items through “party debate and functional review”. At the time of carrying out the appraisal, it is necessary to control the appraisal materials and the qualifications of appraisers. When reviewing the appraisal opinions, it should be considered whether the appraisal opinions and appraisal items, appraisal materials and appraisal basis, appraisal basis and appraisal reason conform to one another. Related Articles | Metrics | Comments（0）

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Research on the Reliability of Appraisal Opinions ZHANG Baosheng, DONG Shuai Chinese Journal of Forensic Sciences    2023, 0 (3): 9-20.   DOI: 10.3969/j.issn.1671-2072.2023.03.002 Abstract （259）      PDF（pc） （1691KB）（1076）       Knowledge map    Save The reliability of forensic expertise is an important dimension of the credibility of evidence. Compared with the threshold of evidence entry of relevance, reliability is the main indication of the quality of forensic evidence, and unreliable forensic expertise becomes the source of the error of fact-finding. We think there are three main ways to enhance the reliability of forensic expertise: The first is to strengthen the quality management of forensic examination process, including attaching importance to the role of pre-evaluation procedure, establishing the traceability mechanism of the materials, and maintaining the “neutrality” of forensic institutions and forensic practitioners. The second is to improve the production and cross-examination of the forensic expertise in court, including the proof of the identity or authenticity of materials by identification or authentication witnesses with their personal knowledge, and forensic practitioners presenting their forensic expertise, the cross-examination of the forensic expertise by lawyers and expert-assistants. The third is the deliberation of the “foundational validity” and the “validity as applied” of the forensic expertise by judges. While reviewing the “foundational validity”, the key is to grasp the “error rate” and “forensic technology standard”. Besides, we explore the quantitative control idea of the likelihood ratio in the whole process of forensic examination. Related Articles | Metrics | Comments（0）

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Where to from Here——Overview of the 23rd Triennial Meeting of the International Association of Forensic Sciences HE Xiaodan, YANG Xu, The Delegation from the Academy of Forensic Science to Australia Chinese Journal of Forensic Sciences    2024, 0 (1): 28-35.   DOI: 10.3969/j.issn.1671-2072.2024.01.004 Abstract （188）      PDF（pc） （1242KB）（1043）       Knowledge map    Save The 23rd Triennial Meeting of the International Association of Forensic Sciences was held in Sydney, Australia from November 21 to 24, 2023. As the most influential academic communication platform in forensic science, over 1 700 registered delegates from more than 70 countries and regions around the world attended this conference and presented more than 700 oral presentations and more than 300 digital posters. Focused on the theme of “Where to from Here”, the conference set up 4 plenary sessions and 24 breakout sessions in 4 days, which systematically demonstrated the cutting-edge technologies, scientific research, value of evidence, ethical risks and quality assurance of forensic sciences worldwide. The conference paid particular attention to the challenges posed to forensic science caused by the digital transformation, explored the added value of the Sydney Declaration, and looked forward to the direction of “Where to from Here” in the context of reflection and critique. Related Articles | Metrics | Comments（0）

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Review of Quantitative and Statistical Analysis of Handwriting Identification LI Shuangshuang, YANG Xu, CHEN Xiaohong Chinese Journal of Forensic Sciences    2023, 0 (6): 31-39.   DOI: 10.3969/j.issn.1671-2072.2023.06.005 Abstract （184）      PDF（pc） （1192KB）（1013）       Knowledge map    Save Forensic handwriting identification mainly relies on the experience of experts. The lack of scientific and effective quantitative measurements and analysis methods is the bottleneck restricting the development of the discipline. In the context of objective and quantitative technical means widely used in forensic science, handwriting identification needs to take the road of quantitative and statistical analysis. This paper reviewed the methods of handwriting feature quantification and related statistical analysis in recent years, and discussed the contributions and limitations of these studies. The researches on the value evaluation of handwriting evidence based on likelihood ratio model were reviewed in order to enhance the scientific basis of comparative analysis and evaluation in handwriting identification. Finally, the development trend of handwriting quantitative identification and statistical analysis was discussed. Related Articles | Metrics | Comments（0）

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Restatement and Review Path of the Reliability of Uncertain Appraisal Opinions GUO Hua Chinese Journal of Forensic Sciences    2023, 0 (3): 21-28.   DOI: 10.3969/j.issn.1671-2072.2023.03.003 Abstract （208）      PDF（pc） （1081KB）（1007）       Knowledge map    Save The reliability of appraisal opinions is closely related to whether they can repeatedly obtain consistent results. Uncertain appraisal opinions, as a normal phenomenon of appraisal results, have reliability if the uncertain results can be repeated or consistent during re-appraisal, meeting the requirements of scientific appraisal. The reliability of the confirmation of uncertain appraisal opinions with positive and negative tendencies varies depending on the direction of the results, which to some extent affects the admissibility of the appraisal opinions as evidence. However, the method of cross-examination through falsification can enhance or weaken its credibility and obtain the result of validity. If the appraisal opinion cannot be falsified and has scientific validity, it can play a role in determining the facts of the case. When reviewing uncertain appraial opinions， opinion that does not conform to science should be excluded first, and then review opinions reliability. The consistency of repetition is checked through program control to ensure the scientificity of the appraisal. Judicial practice should be vigilant in excluding all uncertain appraisal opinions. And theoretically, it is also necessary to abandon the bias that all uncertain appraisal opinions are unreliable, and return them to the essence of scientific appraisal and their inherent functions. Related Articles | Metrics | Comments（0）

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The Examination of Technical Evidence by Procuratorate: Function, Operators and Objects LI Xuejun, HE Jiao Chinese Journal of Forensic Sciences    2023, 0 (6): 1-7.   DOI: 10.3969/j.issn.1671-2072.2023.06.001 Abstract （171）      PDF（pc） （1903KB）（1003）       Knowledge map    Save The concept of technical evidence is the basis for studying the examination system of technical evidence by procuratorate，and it should be defined as materials to solve or prove the professional and technical problems of a case from the perspective of its function. The review of technical evidence by procuratorate is an important step to check the quality of technical evidence such as appraisal opinions. In addition to strengthening the weakness of technical evidence to serve case handling, it also plays an important role in conducting legal supervision. In the procedure of technical evidence review, to impose qualification requirements for operators and to include legitimacy and relevance into the scope of review will have the problem of narrowing the operators and expanding the content of review. In addition, although the procuratorate submitting  technical evidence review opinion to a court as evidence provides more reference for the court to judge technical evidence, it also brings new interference. Related Articles | Metrics | Comments（0）

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Research on Major Issues Involved in the Legislation of Forensic Appraisal in China DU Zhichun, SHEN Zhenyi Chinese Journal of Forensic Sciences    2024, 0 (1): 12-17.   DOI: 10.3969/j.issn.1671-2072.2024.01.002 Abstract （245）      PDF（pc） （1107KB）（1000）       Knowledge map    Save The Decision on the Management of Forensic Appraisal (hereinafter referred to as the Decision) passed by the Standing Committee of the National People’s Congress in 2005, as the only specialized law in the field of forensic appraisal, has promulgated and implemented a unified forensic appraisal management system. However, with the progress of the rule of law and many new situations in the field of forensic appraisal, the legislation of forensic appraisal has once again become the focus of attention. The legislation of forensic appraisal is not only facing with the old problems left over from the formulation of the Decision, but also with new problems derived from the implementation of the Decision. On the basis of the operation of the existing system, it is necessary to conduct in-depth research on the major issues involved in the legislation of forensic appraisal, respectively from the macro, meso and micro levels, so as to gradually form a systematic, forward-looking and relatively mature legislative consensus. Reference | Related Articles | Metrics | Comments（0）

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Research on the Generation of Uncertain Appraisal Opinions and Its Evidence Effect HU Yuling Chinese Journal of Forensic Sciences    2023, 0 (4): 73-79.   DOI: 10.3969/j.issn.1671-2072.2023.04.010 Abstract （210）      PDF（pc） （956KB）（989）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Development of the Evaluation Methods for Fingerprint Evidence: From Experience to Science Chinese Journal of Forensic Sciences    2023, 0 (4): 38-44.   DOI: 10.3969/j.issn.1671-2072.2023.04.005 Abstract （170）      PDF（pc） （875KB）（986）       Knowledge map    Save The existing evaluation methods for fingerprint evidence mainly rely on the forensic experts’ experience. There is no unified criteria for the appraisal opinion, which leads to frequent false appraisals, and is questioned by experts in related fields. In order to promote the objective evaluation of fingerprint appraisal rather then empirical one, domestic and foreign forensic scientists have been exploring scientific methods for evaluating fingerprint evidence, avoiding the use of absolute expressions such as “identification”, “exclusion”, and “inconclusive” in expert opinions. They have been working on building a scientific evaluation system for fingerprint evidence, spreading ideas and laying a foundation for the scientific evaluation of forensic individual identify evidence, and then promoting the development of fingerprint evidence in evidence admissibility and factual adjudication. Starting from the establishment of fingerprint evidence evaluation methods, this paper analyzed the problems caused by lacking of scientific validity, and expounded constructing the scientific evaluation system for fingerprint evidence based on likelihood ratio model, hoping to provide some reference for establishing a more scienctific evaluation system for fingerprint evidence. Related Articles | Metrics | Comments（0）

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The Legal Expression of the Standard of Reliability of Appraisal Opinions: From the Perceptive of Comparative Law WU Hongqi, CHENG Xiaoai Chinese Journal of Forensic Sciences    2023, 0 (3): 29-35.   DOI: 10.3969/j.issn.1671-2072.2023.03.004 Abstract （135）      PDF（pc） （1000KB）（970）       Knowledge map    Save In the legal perspective, the standard of reliability of expert opinions and construction of regulation system is the requirement of strengthening the review of appraisal opinions. In the U.S., the standard of reliability of scientific evidence had experienced the process of brewing, forming and systemizing. The reform of U.S. in this regard had affected deeply the other Anglo-American countries, such as Canada and the U.K.. These countries had constructed, apart from general standards of evidence review, special standard for the reliability of appraisal opinions and chosen different regulation models according to different situations in their countries. By comparing the reform in these countries, we can sum up some essential factors regarding the model of the reliability standard of appraisal opinions. The construction of regulation system in China can also learn much from the comparison of the reform in these countries. We should establish the standard of reliability of appraisal oppinion in our country and make it as the core of a complete system of regulations for appraisal opinion review. Related Articles | Metrics | Comments（0）

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Challenges on the Viewpoint on Replacement of Litigation by Forensic Appraisal in Liability of Medical Damages DONG Chunhua Chinese Journal of Forensic Sciences    2024, 0 (1): 91-98.   DOI: 10.3969/j.issn.1671-2072.2024.013 Abstract （172）      PDF（pc） （1419KB）（970）       Knowledge map    Save The phenomenon that medical appraisal is over dependent on by judges in medical damages litigation is labeled as the “replacement of trial by appraisal”. Nevertheless, empirical study indicates that in the cases where the appraisal opinions are adopted, the ranges of the portion of liability corresponding with the types of liability in the appraisal opinion are wide, it is not rare for judges to decide liability and its portion not relying on the appraisal opinion, and the medical institution can be held liable without appraisal opinion. This data make the statement of replacement unpersuasive. The medical appraisal opinion is only a kind of evidence, helping judges to make the facts clear. There is gap between the replacement statement and the real function of appraisal. The misunderstanding is brought by the judges intention to avoid risks from the performance review and complaint from the parties, the complaint from the parties and some researchers also intensify the misunderstanding. The approach to replace appraisers by technical judges and expert assistants does not work. The evaluation system for medical case judges should be improved, and the parties should be encouraged to participate in the appraisal procedure. Reference | Related Articles | Metrics | Comments（0）

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Online Appraisal: Normative Construction and Institutional Deployment—Centered on Article 28 of the Online Operating Rules of the People’s Court LI Kun Chinese Journal of Forensic Sciences    2023, 0 (5): 81-90.   DOI: 10.3969/j.issn.1671-2072.2023.05.011 Abstract （97）      PDF（pc） （1504KB）（969）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Research on the Standardization of Technical Evidence Examination in Procuratorial Organs XING Ting Chinese Journal of Forensic Sciences    2023, 0 (6): 8-15.   DOI: 10.3969/j.issn.1671-2072.2023.06.002 Abstract （113）      PDF（pc） （1232KB）（967）       Knowledge map    Save Procuratorial organs carry out specialized examination of technical evidence, which plays an important role in scientific support in actual case handling. With the promulgation of relevant laws, judicial interpretations and technical norms, such as the people’s procuratorates’ rules of procedure, regulations on specialized examination work, professional working rules, and guidelines on specialized examination work, the framework for specialized examination work of procuratorial organs has taken shape. However, the current specialized examination work still has some problems, such as insufficient integration of case handling demand and technology supply, imperfect technical standards for specialized examination and fuzzy positioning of specialized examination opinions. In order to standardize the specialized review of technical evidence such as expert opinions, we should unify the standards of specialized review work, build a standardized review model, increase the application research of specialized review standardization work, and further improve the quality and effectiveness of specialized review of technical evidence. Related Articles | Metrics | Comments（0）

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The Legislative System of Forensic Appraisal in Russia and Its Enlightenment GUO Jinxia Chinese Journal of Forensic Sciences    2024, 0 (2): 1-10.   DOI: 10.3969/j.issn.1671-2072.2024.02.001 Abstract （118）      PDF（pc） （1477KB）（963）       Knowledge map    Save The legislative system is a normative document system formulated by the state and guaranteed to be implemented by the state’s compulsory force, a system composed of the constitution, laws, administrative regulations, local regulations, etc. The legislative system of forensic appraisal is one of the important paths for the modernization of forensic appraisal governance. The legislative system of forensic appraisal in Russia is based on the Constitution of the Russian Federation, with the superior federal law as the lead, the special federal law as the core, guiding the federal administrative agencies to promulgate the subordinate regulations, and constructing a complete and detailed forensic appraisal legislative system with high legislative level, complete legislative system, and effectively connected legal norms in all ranks. Taking Russia as a reference, China should actively promote the construction of the leading superior law, improve the legal rank of forensic appraisal norms, make up for the lack of superior law in the norms of forensic appraisal activities, straighten out the conflicts of the subordinate law with the superior law, and construct a complete and unified Chinese forensic appraisal legislative system. Reference | Related Articles | Metrics | Comments（0）

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Retrospective Analysis: The Medical Dispute Appraisal of 78 Cases of Sudden Cardiac Death ZHANG Ping, XU Hui, GAO Jue, JIANG Shihao, ZHANG Zhixiang, SHI Xiaoling Chinese Journal of Forensic Sciences    2023, 0 (5): 57-63.   DOI: 10.3969/j.issn.1671-2072.2023.05.008 Abstract （184）      PDF（pc） （1050KB）（944）       Knowledge map    Save Objective To explore the characteristics, causes and appraisal approach of sudden cardiac death induced medial disputes. Methods 78 cases of sudden cardiac death were analyzed retrospectively. Results The incidence of sudden cardiac death in male was higher than that in female, and mainly happened in the rang of 40-59 years old. 37 cases had acute coronary syndrome, 24 cases had aortic dissection, 10 cases had myocarditis, 1 case had heart conduction system disease, 2 cases had valvular disease, 2 cases had congenital heart defect, and 2 had other situations. The departments primarily responsible for medical errors were counted as follows: cardiovascular department （48 cases）, emergency department （15 cases）, general surgery department （7 cases）, orthopedics department （3 cases）, respiratory department （3 cases） and endocrinology department （2 cases）. In the cases mentioned above, 6 cases had no fault in diagnosis and treatment, 15 cases had faults in diagnosis and treatment, but had no cause-and-effect relationship with the patient’s death. 32 cases had weak cause-and-effect relationship between the faults in diagnosis and treatment and the patient's death. In 18 cases, the faults in diagnosis and treatment were of secondary responsibility for the death of patients. In 3 cases, the faults in diagnosis and treatment were of primary responsibility for the death of patients. No case was completely responsible for the death of patients. Conclusion The occurrence of medical disputes about sudden cardiac death is affected by many factors. Consequently, the high risk of disease, the degree of diagnosis and treatment fault, and the compliance of patients should be considered in the forensic appraisal of medical malpractice. Sudden cardiac death is characterized by acute onset, rapid change of condition, atypical clinical manifestations and low rescue success rate, which are the main reasons for the low proportion of the causal force between medical errors and patients’ death. Related Articles | Metrics | Comments（0）

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Chinese Journal of Forensic Sciences    2024, 0 (3): 102-110.   DOI: 10.3969/j.issn.1671-2072.2024.03.014 Abstract （376）      PDF（pc） （545KB）（938）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Analysis on the Dual Structure of Forensic Appraisal Law WANG Minyuan, LI Jia Chinese Journal of Forensic Sciences    2024, 0 (1): 1-11.   DOI: 10.3969/j.issn.1671-2072.2024.01.001 Abstract （216）      PDF（pc） （1200KB）（933）       Knowledge map    Save Forensic appraisal as an expert identification activity and opinion evidence in the judiciary, has multifaceted characteristics. To ensure its objectivity, impartiality, scientificity, and credibility, different laws are needed to regulate it from different aspects. There are different types of dual structures in these laws, including the subject duality of “producers” and “users” in forensic appraisal legal relationships, the administrative management of forensic appraisal laws and the duality of forensic procedures, and the duality of forensic appraisal in litigation procedures. Due to differences in functions and different regulations on forensic appraisal, different laws are prone to conflicts, so it is necessary to coordinate and solve such problems. By analyzing the dual structure of forensic appraisal law, based on the analysis of the problem and its causes, the principles for solving the coordination problem of the dual structure are established, and reference ideas are proposed for resolving the legal problems of the dual structure. Reference | Related Articles | Metrics | Comments（0）