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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 （240）      PDF（pc） （1512KB）（1414）       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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Frontiers and Challenges for Digital and Intelligent Technology in Forensic Pathology HUANG Ping, ZHANG Ji, ZOU Donghua, LIU Ningguo, LI Zhengdong, WANG Jinming, QIN Zhiqiang, ZHANG Jianhua Chinese Journal of Forensic Sciences    2023, 0 (2): 35-47.   DOI: 10.3969/j.issn.1671-2072.2023.02.005 Abstract （271）      PDF（pc） （1706KB）（1407）       Knowledge map    Save Forensic pathology is of great importance in forensic appraisal in China. Traditional methods in this domain have several disadvantages such as subjectivity, low precision and poor specificity. With the development of computer technology, several multi-disciplinary frontier technologies have been combined with artificial intelligence, allowing digital intelligent procedures for forensic expertise of injury, death and human remains, etc. These technologies have the potential to provide more scientific and objective evidence in court. This review introduced applications of digital and intelligent technologies in forensic pathology from international scientific literatures in these years, hoping to provide reference for the development of forensic pathology. 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 （283）      PDF（pc） （9703KB）（1360）       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 （273）      PDF（pc） （1007KB）（1351）       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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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 （318）      PDF（pc） （6123KB）（1301）       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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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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Institute of Forensic Medicine：Founding Background, Development Process and Historical Contribution— Commemorating the 90th Anniversary of the Founding of the Institute of Forensic Medicine HU Bingjie, HUANG Ruiting Chinese Journal of Forensic Sciences    2022, 0 (5): 88-96.   DOI: 10.3969/j.issn.1671-2072.2022.05.011 Abstract （229）      PDF（pc） （1670KB）（1244）       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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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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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 （178）      PDF（pc） （1324KB）（1200）       Knowledge map    Save 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 （234）      PDF（pc） （1259KB）（1195）       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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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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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 （251）      PDF（pc） （825KB）（1189）       Knowledge map    Save 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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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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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 （370）      PDF（pc） （1283KB）（1159）       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 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 （213）      PDF（pc） （1430KB）（1154）       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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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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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 （277）      PDF（pc） （1347KB）（1145）       Knowledge map    Save Related Articles | Metrics | Comments（0）

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Analysis of Characteristics of 182 Death Cases in Traffic Accidents in Nansha District of Guangzhou YE Weiquan, WU Zhaobin, CAI Liuxin, YANG Bofan, QIAO Zhi Chinese Journal of Forensic Sciences    2022, 0 (6): 61-66.   DOI: 10.3969/j.issn.1671-2072.2022.06.008 Abstract （317）      PDF（pc） （704KB）（1128）       Knowledge map    Save Objective To obtain the characteristics of death caused by traffic accidents in Nansha district of Guangzhou from 2019 to 2020, thus providing reference for preventing traffic accidents. Methods Total 182 death cases caused by traffic accidents in Nansha district of Guangzhou in 2019—2020 were collected. The data such as age, sex, time of the accident, type of vehicle, the result of ethanol test, injury, cause of death, was analyzed. Results These traffic accidents mainly happened during 9:00 pm to 4:00 am. The positive ratio in ethanol test was 55.1% in car drivers, and 48.7% in motorcycle drivers. Among all the death, 74.2% were instantaneous (died on the same day or the same spot), and men were much more than women. The deceased mainly aged from 21 to 60, and those with positive ethanol test mainly aged from 21 to 40. In addition, 78.6% of the instantaneous death had craniocerebral injury, 70.9% had skull fracture, and 73.6% finally died of craniocerebral injury. Most of the deceased drove motorcycle as traffic tool. Conclusion The incidence of motorcycle accidents and corresponding casualties ranked first in the traffic accidents occurred in this district. The most dangerous way of riding monocycle that might cause fatal traffic accidents were drunk driving (especially at night) or driving without helmets. With current monitoring and punishment means, the death could be further reduced if local propaganda is enhanced to improve the traffic safety awareness of people. Related Articles | Metrics | Comments（0）