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2010 Issue 03 (Total No. )
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Study on Compulsory Forensic Appraisal in Criminal Procedure BIAN Jian-lin;LI Chan-yuan (China University of Political Science and Law;Beijing 000;China) 2010(03): 1-5.  Abstract ( )   In recent years,some major criminal cases cause a widespread public concern,and forensic appraisal,which directly affects the defendants’criminal liability in these cases,becomes the focus.However,there are few in-depth studies on the establishment and model of compulsory forensic appraisal.It is necessary to stipulate in law the parties’rights to ask for forensic appraisal,and constitute the compulsory forensic appraisal system together with the discretionary forensic appraisal, and define the procedures and supervising system. Related Articles | Metrics

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On the Duty of Care by Forensic Appraisers ZHAO Jie (Nanjing Normal University School od Law;Nanjing;Jiangsu 00;China) 2010(03): 6-10.  Abstract ( )   The appraisers’civil liability should be based on the premise of the fault,while violating the duty of care is the basis of fault.The duty of care for the appraisers is a complex collection,which is determined by laws and regulations, technical specifications and some other contents.The existence of fault in appraisal can be proved if the above–mentioned contents are violated,and liabities must be borne for the consequent damages.But not all faulted apparaisal constitute violation of the duty of care.In certain circumstances,the appraiser’s legal liability can be exempted. Related Articles | Metrics

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Professional Judgment in Forensic Sciences XU Wei-an (People’s Procuratorate of Shenzhen;Shenzhen Guangdong 00;China) 2010(03): 11-14.  Abstract ( )   Professional judgment has great influences on appraisal conclusions and is an important issue in forensic appraisal. In this paper,based on the present laws and standards on forensic sciences,the author addresses how to understand professional judgment in forensic appraisal,the factors affecting professional judgment in forensic appraisal and how to improve the quality of professional judgment. Related Articles | Metrics

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On The Division of Judge’s Direct Cognition and Forensic Appraisal QIU Ai-min;CHANG Lin (.School of Law;Yangzhou University;Yangzhou 00;China;.Institute of Evidence and Forensic Science;Central University of Political Science and Law;Beijing000;China) 2010(03): 15-19.  Abstract ( )   Judge’s direct cognition refers to the situation in which judges,using applicable law,reach inner convictions without evidence from the parties or when prima facie evidence is presented.Forensic appraisal is an assistant action in which professional experts give opinions on relevant facts or evidence of facts.In practice,the phenomena exist that judges abuse forensic appraisal to avoid applying judge’s direct cognition.So,the functions and the scopes of the judge’s direct cognition and the forensic appraisal should be defined in theory,legislation and judicial practice.One can not substitute for the other, especially the forensic appraisal for the judge’s direct cognition. Related Articles | Metrics

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Study on the Event Related Potentials of Blue/Yellow Color Stimulus in Normal-vision Subjects CAO Qiang-qiang;LI Qian-qian;CHEN Xi-ping (Department of forensic medicine;Institute of preclinical medicine and biological science;Soochow University;Jiangsu Soochow;China) 2010(03): 20-23.  Abstract ( )   Objective To study electrophysiological response and scalp distribution in healthy people stimulated with isoluminant blue/yellow colors,and further to investigate the characteristics of the processing of different color visual information in brain and its forensic value.Methods 20 subjects(40 eyes)with normal visual functions were given stimulus of isoluminant blue/yellow colors,and the electroencephalic response was recorded.Results The early Event Related Potentials(ERP)components showed:the latencies of the extensive encephalic region N1 and P2 in the yellow target stimulus group were significantly shorter than that in the blue target stimulus group.In addition,the yellow target stimulus elicited larger N1 and P2 than the blue.Moreover,the am-plitude of P2 showed a stronger dominant effect in the right brain hemisphere.Similar to the early ERP components,the late ERP showed that,in comparison with the yellow target stimulus,the blue target stimulus induced prolongation of the latencies of N2 and P3 significantly,and smaller N2 and P3.P3 showed the prominent right cerebral hemispheric dominance.Conclusion These ERP findings indicate that,in isoluminant condition,the brain is more sensitive to yellow color.The yellow color stimulus can principally induce shorter latency and increase amplitude in the early ERP components of N1 and P2,and can also cause a simi-lar effect on the late N2 and P3 components.In the future,color ERP may have a significant application value in forensic basic research and identification of forensic clinical cases. Related Articles | Metrics

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Study on Optimal Assessment Time of Motor and Sensory Disability due to Traumatic Brain Injury LI Chun-xiao;ZHANG Yun-ge;GUAN Guo-fu;ZHANG Wei-liang (Section of Forensic Expertise;De’An Hospital;Changzhou 00;China) 2010(03): 24-26+4.  Abstract ( )   Objective To determine the optimal assessment time for motor and sensory disability due to traumatic brain injury (TBI).Methods 108 cases involving traumatic brain injuries in traffic accidents with different injury time(3,6,9,12,15,18 months),were collected,including medical history,radiology and electricphsiology materials.Patient families were interviewed; forensic examination and medical diagnosis were made;and disability degrees were determined.Patients were examined using Stroke Impairment Assessment Set(SIAS),Activity of Daily Living Scale(ADL),and Fugl-Meyer Assessment(FMA).Diagnosis and disability assessments were based on all of the above information.Results SIAS,ADL and FMA showed good distinction between different levels of disability and different injury time.The complete samples demonstrated that there was no statistically significant difference for SIAS,ADL and FMA.The average values in SIAS,ADL and FMA showed no difference for injuries from 6 to 18 months in light disability.The average values in SIAS,ADL and FMA from 9 to 18 months showed no difference in mild disability.For severe disability,there was no statistically significant difference of the average value for SIAS,ADL and FMA from 12 to 18 months.Conclusion Motor and sensory disability should be assessed after medical treatment is finished.For mild disability(grades 7-10),the best time is 6 months after injury.For moderate disability(grades 4-6),the best time is 9 months.For severe disability(grades 1-3),the best time is more than 12 months after injury,and can be delayed according to specific clinical situations. Related Articles | Metrics

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Application of Solid Phase Microextraction in Pharmaceutical Hair Analysis SUN Ying-ying;SHEN Min (.Department of forensic medicine;Institute of preclinical medicine and biological science;Soochow University;Soochow;China;.Shanghai Key Laboratory of Forensic Science;Institute of Forensic Science;Ministry of Justic 2010(03): 27-32+5.  Abstract ( )   Solid phase microextraction(SPME)can be used on line in combination with GC/MS and HPLC/MS,and the onestep integration of separating and analyzing provide potential application in hair analysis.The paper summarizes the research and application of SPME in hair analysis of abused drugs and their metabolites,such as amphetamine-type,methadone, cannabinoids,cocaine,lidocaine,and so on. Related Articles | Metrics

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The Construction of Chinese Virtual Computer Forensics Standard WANG Jun (Chinese People's Public Security University;Beijing 000;China) 2010(03): 33-40.  Abstract ( )   With the development of virtual simulation technology,virtual computer forensics begins to get into use in China. Compared with static computer forensics,virtual computer forensics can greatly improve evidence obtaining ability.However, due to the complex nature of the technique,some problems related to the judicial application of virtual computer forensics have not been resolved.In the paper,the application requirements of forensic computer simulation were discussed from the perspective of the technique,law and procedure.And the contents of the standards for forensic computer simulation,including legal standard,technique standard and procedure standard,were proposed. Related Articles | Metrics

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An Abnormal Fracture of High Strength Bolts ZHOU Hua;JIN Ying-rong;LIU Jin-yun;(⒈School of Transportation and Automotive Engineering;Xihua University;Chengdu 00;China;.School of Materials Science and Engineering;Xihua University;Chengdu 00;China;.Sichuan Xihua Judicial Appraisa 2010(03): 41-44.  Abstract ( )   Objective To investigate a typical fracture feature and its effect on failure analysis.Methods An abnormal fracture of high strength bolts in traffic accidents was examined and analyzed using metallographic analysis and mechanical testing. Results A kind of rare fracture was observed on high strength bolts,and a lot of spherical carbide was found at fatigue initiations or near tearing shoulders.Conclusion An inappropriate matching between the technique of plastic deformation and heat treatment of bolts might cause the precipitation of carbides;the carbides reduced the effective cross section areas of bolts, and induced the high stress fatigue fracture. Related Articles | Metrics

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Orthogonal Experiment Design Pc-Crash to Reconstruct Traffic Accident ZOU Tie-fang;YU Zhi;CAI Ming;LIU Ji-ke (School of Engineering;Sun Yat-sen University;Guangzhou 0;China) 2010(03): 45-48+5.  Abstract ( )   Parameters effecting on the simulation results were determined by the parameter sensitivity analysis,and these parameters should be handled rationally to increase the precise of simulation results using Pc-Crash to reconstruct accidents.A parameter sensitivity analysis method based on orthogonal design was introduced,and then sensitivity of parameters in PcCrash’s optimizer was analyzed by this method,parameters have significantly influence on vehicle trajectory after impact were obtained.The feasibility of the selection of optimizational parameters under the direction of conclusions obtained from sensitivity analysis was validated by reconstructing a true vehicle-vehicle impact test.The study results show that the use of the orthogonal design has practical value to assist Pc-Crash to reconstruct traffic accident. Related Articles | Metrics

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Examination of Tampered Photos Using Hengrui Trace/Document Image Processing System SU Yi-fang (Yunnan Police Officer Academy;Kunming 0;China) 2010(03): 49-51.  Abstract ( )   Objective The image processing software can help us analyze the authenticity of the photo contents,and it also supplies us a number of technical methods to identify some doctored photos.Method We can process and analyze the photo contents by Photoshop CS2 or Ever-spry trace test/document examination image processing system.Result Two parts of the photo contents which present a multiple corresponding feature points and a large area of overlap pseudo-color image,and that violate the law of nature,so it is a composite photo.Conclusion Ever-spry trace test/document examination image processing system which is powerful and convenient not only provides a strong support to the trace test/document examination,but also offers the conditions for the image examination and identification. Related Articles | Metrics

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Forensic Pathological Study of Neonatal Death Caused by Respiratory Diseases GUO Zhao-quan;DENG Zhi-xin;XU De (.Public Security Bureau of Eastern District;Panzhihua 0;China;.Hospital Affiliated to Panzhihua College;Panzhihua 000;China) 2010(03): 52-54.  Abstract ( )   Objective To study forensic pathological characteristics of neonatal death caused by respiratory diseases,and to provide scientific evidence to resolve medical tangle cases.Methods 85 autopsy cases of neonatal death,documented by Public Security Bureau of Panzhihua city from 1993 to 2008,were reviewed.Results Respiratory diseases were the primary cause of neonatal death(56 cases,65.88%),among which,20 aspiration pneumonia(23.53%),14 infectious pneumonia(16.47%),12 neonatal asphyxia(14.12%),6 neonatal pulmonary hyaline membrane disease(7.59%),4 neonatal pulmonary hemorrhage (4.71%).Conclusion The respiratory system should be examined carefully in the autopsy of neonates.and causes of death should be determined according to disease features and pathological changes. Related Articles | Metrics

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Analysis of a Medical Tangle Case Caused by the Treatment of Hepatic Hydatid Disease with Formalin——From the Perspective of Medicine and Law WANG Xiao-lei;ZHENG Yu-rong (Intermediate Court of Jinan City;Jinan 000;China) 2010(03): 55-58.  Abstract ( )   Medical tangle due to the treatment of hepatic disease with formalin is rare.In medicine,formalin injured the biliary tract,or and the obstructive jaundice originating from hydatid scolex.The liver function impair also provided a synergy for the liver transplantation operation in the case.By view of law,The method of selecting forensic institute,the application of injury participation percent and the disability standards selecting were used as a reference to handle medical tangle cases. Related Articles | Metrics

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Determination of Strokes Sequence of Character Shuxin Component SHEN Ze-bo (Department of Forensic Science;Guangdong Police Officers College;Guangzhou 0;China) 2010(03): 59-62.  Abstract ( )   150 samples were requested to investigate the sequence of strokes in the Shuxin component of Chinese characters.3 different sequences were found.Rules to determine their sequences were summarized. Related Articles | Metrics

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On Two Audit Problems Concerning Accounting Proof YANG Wei-zhong (People’s Procuratorate of Yangpu District;Shanghai 0000;China) 2010(03): 63-64.  Abstract ( )   With the need of accounting proof,the extension of account can go beyond legal and complete ones.In various terms,an audit can both be defined as a means and an activity.To study the extension of account and the audit,will not only help us broaden our audit horizon,but also help us define the scale of sample,and establish a reasonable value orientation on appraisal standards. Related Articles | Metrics

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On the Acceptability of Forensic Accounting Data in Antidumping Cases ZHANG Lei (WTO School Shanghai Institute of Foreign Trade;Shanghai 00;China) 2010(03): 65-66.  Abstract ( )   Antidumping investigation usually relies on forensic accounting data collected by experts,so as to determine whether dumping is taking place and to cognize the damage to an industry.In antidumping forensic accounting,appraisers identify with their professional knowledge,as their legal status requires.The acceptability of accounting data is one of the critical factors which determine the result of response to suits.The situation of China’s antidumping practice urges us to promote appraisers’ professional skills to strengthen the acceptability of accounting data for those enterprises. Related Articles | Metrics