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2010 Issue 2 (Total No. 49)
Published: 15 March 2010 Previous Issue    Next Issue
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The Transformation of the Focus of the Judicial Appraisal System Reform LI Ming;LIN Dong-quan(Law School;Guangzhou University;Guangzhou 000;China) 2010(2): 5-10.  Abstract ( )   The existing system of judicial appraisal as a whole can be described as"a neutrality guarantee model".The main characteristics of the model focus on assuring the neutrality of experts,whereas the scientific review of appraisal conclusions is ignored.Such a model has defects in guaranteeing objectiveness and impartiality of appraisal conclusions.China should transform the focus of the system,that is,to change from the guarantee of neutrality to guarantee of scientific conclusions,by granting the initiation right to the parties concerned,enhancing the cross-examination procedure of appraisal conclusions,establishing scientific review standards and professional support.At the same time,we should pay attention to coordinating the relationship between the guarantee of scientific nature and obligation of appraisers,between appraisal conclusions and other evidence,as well as between protecting the rights of the parties and effectiveness of proceedings. Related Articles | Metrics

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On Re-examination HU Xi-qing;CHEN Bang-da(.East China University of Political Science and Law;Shanghai 000;China;.Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2010(2): 11-15.  Abstract ( )   Re-examination has become a focus in recent years.There is more criticism than appreciation on this phenomenon.Re-examination,just like a double-edge-sword,has both positive and negative aspects.It has become an important subject in improving the Chinese forensic science system to have a correct understanding of re-examination,and make full use of its positive aspects and prevent its negative effects. Related Articles | Metrics

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The Reflection of the Initiation Right of Judicial Appraisal in Criminal Cases GONG Wei(Chinese Academy of Society Sciences;Beijing 00;China) 2010(2): 16-19.  Abstract ( )   The right to initiate judicial appraisal,which affects the interests of litigation parties and the realization of justice,is an important part in the judicial appraisal system.In view of the current problems in this area,it is of significance to reconsider and reconstruct the initiation procedure.Taking QIU Xinghua case as an example,we analyze the legislative provisions about the initiation of judicial appraisal,and discuss the different theories about the subject to initiate judicial appraisal.It is concluded that investigative organizations should be initiators for most cases;courts should be given limited right;and the parties should not have independent right,but could apply for initiation of judicial appraisal. Related Articles | Metrics

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The Criminal Responsibility of Expert Witness SU Hong-feng;(.East China University of Political Science and Law;Shanghai 000;China;.Shanghai Xin Qiao Vocational & Technical College;Shanghai 00;China) 2010(2): 20-22.  Abstract ( )   Appraiser's legal responsibility is a major institutional measure to guarantee the quality of judicial appraisal,and criminal responsibility is more important.By analyzing the appraisal action at different appraisal stages,we defined the criminal responsibility scope of an appraiser,and gave suggestions to perfect legislation.The purpose is to safeguard the healthy development of the appraiser team. Related Articles | Metrics

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Discussion on Dating of Inkpad Seals by Double Solvent Extraction Method LI Biao;WANG Xiang-chen;XIE Peng;SUN Tian-cheng(.China Criminal Police College;Shenyang;00;China;.Kunming Public Security Bureau;Kunming;0000;China) 2010(2): 23-26.  Abstract ( )   Objective To provide important basis for identifying the authenticity of the document by determining the dating of inkpad seals by double solvent extraction method.Methods In this paper,samples of inkpad seals were printed on 4 different kinds of paper with 6 different brands of inks.The strong and weak extraction reagents were selected in the experiment of the double solvent extraction method.The size of slit and scan wavelength were measured,and the relation curve of the extraction percentage of inks with time was drawn.Result Weak extraction reagent was 50% formic acid solution,strong extraction reagent was N,N-dimethylformamide(DMF),the size of slit was 12.00 mm×0.60mm,the scan wavelength was 485nm.The relation curve within six months of extraction percentage of inks with time was gained.Conclusion Double-solvent extraction method is a useful method to determine the formation time of inkpad seals. Related Articles | Metrics

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Discrimination of Automotive Paints by Laser Ablation Inductively Coupled Plasma Mass Spectrometry MA Dong;SHEN Min;LUO Yi-wen;ZHUO Xian-yi;XIANG Ping(.Forensic Medicine Department of Shanghai Medical College;Fudan University;Shanghai 000;China;.Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;S 2010(2): 27-30.  Abstract ( )   Objective To develop a method of discriminating automotive paints by laser ablation inductively coupled plasma mass spectrometry.Methods 28 kinds of common automotive paints and 10 kinds of black automotive paints were ablated by laser and detected by inductively coupled plasma mass spectrometry.Samples were identified according to metal element components and elements response ratio.Results 30 kinds of automotive paints can be identified by different metal element components,the others can be identified according to different elements response ratio.The method has good reproducibility and precision(RSD) less than 10%.Conclusion The established method is simple,rapid,and almost nondestructive to samples.It is suitable for identification of automotive paints in forensic science. Related Articles | Metrics

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Analysis of the Medical Malpractice Liability ZHU Guang-you(Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2010(2): 31-33.  Abstract ( )   The draft of Tort Liability Law stipulates the principle of fault liability in the regulation of medical tort liability."Duty of explaining"and"informed consent"constitute the emphasis of the yardstick of fault liability.The limited application of no-fault liability principle helps to regulate medical tort compensation.New requirements are badly needed for forensic appraisal institutions to deal with the situation. Related Articles | Metrics

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Discussion on Medical Malpractice Liability WANG Yue(Medical Ethic and Law Center of Medical Humanities Academy;Peking University;Beijing 00;China) 2010(2): 34-37.  Abstract ( )   The 11th Standing Committee of the National People's Congress adopted the Tort Liability Law of the People's Republic of China.Provisions about medical malpractice liability in this law attracted attention of the society.These provisions of the law are the improvement and supplement to the present system regarding medical disputes.It is believed that judicial explanations will be published soon by the Supreme Court.Problems about medical malpractice liability are discussed,hoping that the new law will help build a harmonious relationship between doctors and patients. Related Articles | Metrics

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Allocation of the Burden of Proof in Medical Malpractice ZHANG Bin;HU Ya-lin(.Public Health College;Shanghai Jiaotong University;Shanghai 000;China;.Shanghai Xinmin Law Office;Shanghai 000;China) 2010(2): 38-40+5.  Abstract ( )   We discuss the origin and value of the inversion of the burden of proof in medical malpractice,and analyz the burden of proof in medical malpractice in view of the Tort Liability Law.The new law clarifies the burden of proof between hospitals and patients. Related Articles | Metrics

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Some Thoughts on the Legislation of Liability for Medical Damage LIU Xin;YANG Xin-xin(Key Laboratory of Evidence Science of Ministry of Education;China University of Political Science and Law;Beijing 000;China) 2010(2): 41-44.  Abstract ( )   The legislation of medical damage liability in Tort Liability Law is a symbol of trasforming legal application of medical damage compensation from dualization to unification.However,there are several defects in the basic idea of the legislation and in the treatment of practice specific issues.The compensation of medical damage is a special civil compensation,not similar to general civil compensation,and the legislation doesn't express the idea and the system of limiting the quantity and scope.The principle that the liability of fault is the principle and the presumption of fault is an exception doesn't reflect the particularity of the medical conduct and medical industry.Gross negligence should be the primary condition of liability for medical damages.Besides,the situations that exempt the medical institutions from compensation are not sufficient.Medical malpractice insurance,as the base of compensation of medical damage,isn't expressed in the legislation either. Related Articles | Metrics

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On Medical Tort Liability Stipulated in Tort Liability Law ZHAO Cun-xi(School of Public Health;An Hui Medical University;Hefei 000;China) 2010(2): 45-47.  Abstract ( )   Based on both positive and negative influences on medical tort liability,which was stipulated in Tort Liability Law,the legal application in medical disputes was expatiated.By analyzing physician-patient legal relationship,the legislation trend of building a harmonious physician-patient relationship through tolerating the medical stuff while remedying the patients' rights was promoted. Related Articles | Metrics

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Forensic Clinical Evaluation of Hand Function in Road Traffic Accidents WANG Xu(Key Laboratory of Evidence Science;Ministry of Education;China University of Political Science and Law;Beijing 0000;China) 2010(2): 48-52.  Abstract ( )   Evaluation of hand function is invariably the focal and complicated problem in forensic clinical examination.Evaluation of hand function is relatively detailed in the Assessment for Body Impairment of the Injured in Road Ttraffic Accident(GB18667-2002),which is originagted from the Evaluation of Impairment of Hand Function formulated by the International Association for Hand Surgery and the Symposium Summary on Hand Function Standards revised by local clinical experts.Evaluation of hand function includes assessment of amputation,motion and sensory impairment.The impairment rate of hand function is evaluated with the approved coefficient.Furthermore,when multiple impairments co-exist,such as partial amputation,abnormal motion and sensory loss,the individual impairments should be combined to determine the total impairment of the hand. Related Articles | Metrics

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Application of Personal Parole Style Identification in Case Investigation WANG Shao-fang(Hubei Police College;Wuhan 00;China) 2010(2): 53-56.  Abstract ( )   The personal parole style,which has the characters of individuality,stability and reflection,can reflect the producer's social properties and personal features in parole materials.In practice,after the suspected parole material and the known parole material meet certain conditions,through personal parole style identification,the investigative technicians can pinpoint the investigative scope and direction,and eventually determine the criminal. Related Articles | Metrics

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The Construction of the Electronic Data Examination System GUO Qiu-xiang;ZHU Jin-yi(.Shandong Computer Forensic Institute;Shandong Computer Centre;Jinan 00;China;.Shandong Public Security Bureau;Jinan 000;China) 2010(2): 57-60.  Abstract ( )   Electronic data examination started late in our country.As a new kind of evidence,electronic data has special properties,and this determines that the evidence acquisition,evidence analysis and evidence display is different from traditional evidence.It is necessary to establish a tight,scientific and standardized system to ensure the integrity and authenticity of the electronic evidence. Related Articles | Metrics

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Some Theoretical Issues of Judicial Expertise-Reflection from the "Hua Shan" Handwriting Identification CHENG Jun-wei(Northwest University of Political Science and Law;Xi'an 00;China) 2010(2): 61-64.  Abstract ( )   Judicial expertise is a hot issue in the judicial system reform.With the development of judicial expertise,bottlenecks that influence its further development appear.Taking the"Hua Shan"handwriting identification case for example,we discussed issues of the scientific classification of judicial expertise,the procedure legality,the scientificity and reliability of expert conclusions. Related Articles | Metrics

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Causes and Strategies of Medical Disputes in the Angle of Forensic Medicine LIU Guang-xu;ZHANG Guang-zheng;GUO Shu-xiang;ZHANG Wen-juan;ZHAO Zu-liang(Department of Forensic Medicine;College of Basic Medical Sciences;Zhengzhou University;Zhengzhou 00;China) 2010(2): 65-67.  Abstract ( )   Medical disputes are investigated in the angle of forensic medicine to provide medical institutions with basis for prevention of medical disputes.Medical disputes arise with a variety of reasons and the legal action is a common choice for solution.Forensic medical examiners,who play an important role in solving medical disputes,determine the damage consequences,the medical negligence and the causal relationship between damage consequences and medical negligence.The majority of medical errors are associated with technical application,responsibility awareness and communication between doctors and patients.Medical workers should improve their professional level,responsibility awareness and service quality;strengthen doctor-patient communication and legal protection awareness;and establish a sound regulatory management system. Related Articles | Metrics

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Analysis of 43 Impairment Grading Cases of Grand Mal Epilepsy Caused by Traffic Accident LU Xiao;GAO Dong;WAN Lei;(.Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai;000;China;.Preclinical Medicine and Biological Science College of Soochow University;Suzhou;China) 2010(2): 68-70.  Abstract ( )   Objective To investigate the relationship between grand mal epilepsy and radiological and electroencephalogram(EEG) findings;and to discuss the points for attention in forensic medical expertise of grand mal epilepsy.Methods 43 forensic medicine cases involving grand mal epilepsy caused by traffic accident from January 2006 to December 2007 were collected;the relationship between the disability degree and the age of the injured person as well as the injury parts was analyzed.Then the necessary conditions and exclusion conditions were proposed.Results Positive signs of grand mal epilepsy caused by injury could be found in radiological imaging including CT and MRI,but there might be no positive signs in EEG for partial grand mal epilepsy.Conclusion Positive signs in the radiological imaging is the necessary conditions for the expertise of grand mal epilepsy,while the EEG is the reference conditions. Related Articles | Metrics