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2010 Issue 01 (Total No. )
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Study on the Initiation System of Forensic Identification in Criminal Action FAN Chong-yi;GUO Hua (China University of Political Science and Law;Beijing 000;China;Law School of Central University of Finance and Economics;Beijing 000;China) 2010(01): 1-6.  Abstract ( )   The initiation system of forensic identification in criminal actions not only reflects one country's basic characteristics of the forensic expertise system and the litigious system mode,but also influences the structure of the right safeguards. The re-amendment of our country's Criminal Procedure Law should distinguish the public prosecution initiation system from the private prosecution initiation system. On the basis of reserving the current system,the public prosecution is supposed to confer the right of identification application on the litigants,to increase the litigants right of selection of accredited agencies and experts and to limit the rights of the functional departments. It is essential to establish a series of systems while perfecting the informing system. It is necessary to establish an initiation system which is in line with the litigation system as well as the evidence system. Related Articles | Metrics

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On Ways and Means of the Reform of Judicial Appraisal Institution Management System of China JIA Zhi-hui;ZHU Lan;YI Min;CHEN Ru-chao (Southwest University of Political Science and Law;Chongqing;00;China) 2010(01): 7-11.  Abstract ( )   The evidence system of the adversarial litigation system corresponds to a dispersional and oppositional appraisal management system; the evidence system of the continental legal system corresponds to a concentrated and neutralized appraisal management system. The trend of the reform towards an adversarial litigation system requires decentralized appraisal to some extent. However,according to the current situation,decentralization is infeasible. China's appraisal management system should take a comparatively centralized way,with the administrative management as its center and industry management as supplement. Related Articles | Metrics

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Disagreement on Adopting the Expert Witness System of the Common Law System in China DENG Xiao-xia (Law School;East China University of Political Science and Law;Shanghai 000;China) 2010(01): 12-17.  Abstract ( )   The reform of the litigation mode highlights the contradiction between the traditional forensic expertise system under the super EX officio litigation mode and the new court-hearing system. More and more problems come forth in forensic expertise practice. The reform of the forensic expertise system is inevitable and legislation on this subject is necessary. In recent years,adopting the experts witness system of the common law system has become a hot topic,but the basis and inherent flaws of the expert witness system make it unacceptable in China. Related Articles | Metrics

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On the Appraisers' Seating in a Court Room ZOU Ji-chao (People's Procuratorate of Huangpu District;Shanghai 000;China) 2010(01): 18-21.  Abstract ( )   As for the appraiser's seating in a court room,there are various choices in different countries. However,the design should follow the basic rules and requirements of litigation proceedings. In China,some improper arrangement needs to be improved immediately. To have a better solution,appraisals' position in proceedings should be taken into consideration correctly. Related Articles | Metrics

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Forensic Medical Analysis of Blood Ethanol Detection ZHUO Xian-yi;BU Jun;XIANG Ping;SHEN Bao-hua;CHEN Cong (Shanghai Key laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2010(01): 22-25.  Abstract ( )   Objective To make a forensic medical analysis on the result of blood ethanol detection in traffic accidents. Methods Factors,such as the determination method,collection method,collection time,blood preservation,decomposed body and relationship between alcohol intake and blood alcohol concentration,etc.,were explored in a forensic medical approach. Results Many factors including the determination method,collection method,collection time,blood preservation and cadaver decomposition,etc. have effects on the detection result of blood ethanol. Conclusion A forensic medical analysis of the detection result of blood ethanol is necessary in order to guarantee traffic administration justice. Related Articles | Metrics

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Study on Self-generation Alcohol in Preserved Dog Corpses LIU Xiao-xia;QIAO Jun-yuan;YUN Ke-ming;ZHANG Da-ming;WEI Zhi-wen;AN jian-kang;WANG Yu-jin (. Forensic Medicine School of Shanxi Medical University;Taiyuan 0000;China;. Xinghualing Branch of Taiyuan Public Security Bureau;Taiyuan 0000;China 2010(01): 26-29.  Abstract ( )   Objective To establish an analysis of alcohol and self-generation alcohol in biological samples by a direct-injection gas chromatogram; to develop an animal model for self-generation alcohol research and observe self-generation alcohol in pre-served dog corpses. Methods After executed by CO2,dogs were stored at room temperature and were sampled in 0,2,4,8,12,24,48,72,96,120h. The samples were homogenated and diluted (1:2 for tissue homogenate,1:4 for body fluid) with the inter-nal standard solution. Using a direct-injection gas chromatogram,the alcohol and self-generation alcohol in the samples were analyzed qualitatively and quantitatively by the retention time and internal standard method. Results The retention times of methanol,acetone,alcohol,n-propyl alcohol,isobutanol,isopropanol,n-butanol,isoamyl alcohol were (2.77±0.01)min,(3.42± 0.01)min,(3.87±0.01)min,(5.92±0.01)min,(7.54±0.01)min,(7.92±0.01)min,(10.33±0.01)min,(13.55±0.01)min,respec-tively. Alcohol was detected in heart-blood,inferior vena cava blood,urine,bile,liver,spleen,lung,kidney in 12h after death,and in muscle,humor vitreous,brain in 48,72,96h. There was a positive correlation between alcohol and n-propyl alcohol. Conclusion Alcohol can be produced postmortemly in dog corpses. Alcohol detected in urine can not be thought as the marker of antemortem drinking. In forensic identification of alcohol-related cases,self-generation alcohol should be taken into consid-eration. The unrotten tissues such as muscle,humor vitreous and brain should be sampled for the determination of alcohol and self-generation alcohol,and the ratio of alcohol and n-propyl alcohol in samples could be used for identification of antemortem drinking. Related Articles | Metrics

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Poor Metabolizing of Ethanol and Acetaldehyde with alcohol-related Traffic Accident LI Li;LI Cheng-tao;ZHAO Shu-min;ZHANG Su-hua;XIANG Ping (. Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China;. Medical School of Soochow University;Suzhou;China) 2010(01): 30-32.  Abstract ( )   Alcohol dehydrogenase (ADH),acetaldehyde dehydrogenase (ALDH) and cytochrome P450 2E1 (CYP2E1) with gene polymorphism play important roles in alcohol metabolism in vivo. Individuals with distinct genotypes are different in alcohol tolerance and show unequal behavioral responses after drinking. Poor metabolism of alcohol and acetaldehyde in blood will low individual's capability of judgment and may lead to traffic accidents. This article reviews the relationship of gene polymorphism of ADH,ALDH and CYP2E1 and the metabolism capability of alcohol and acetaldehyde. Related Articles | Metrics

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The Blood Alcoholic Congeners Analysis and Its Forensic Significance XIE Ying;DENG Zhen-hua (. North Sichuan Medical College;Nanchong 00;China;. West China School of Preclinical and Forensic Medicine;Sichuan University;Chengdu 00;China) 2010(01): 33-36.  Abstract ( )   Alcoholic beverage contains a small quantity of congener alcohols besides ethanol,e.g. methanol,fusel alcohols,etc. Their characteristic of pharmacokinetics and metabolism is similar to ethanol; and they have the competition inhibitory influences when catalyzed by liver ADH. With this peculiarities taken into account,the blood alcoholic congeners concentration can be useful for verification of allegations or backtracking calculation concerning the time of alcohol intake. Related Articles | Metrics

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A Statistics of Alcoholic Driving in Pudong District of Shanghai CHEN Cong;ZHUO Xian-yi;SHEN Bao-hua (. Medical College of Fudan University;Shanghai 000;China;. Shanghai Key laboratory of Forensic Medicine;Institution of Forensic Science;Ministry of Justice;Shanghai 000;China) 2010(01): 37-39.  Abstract ( )   Objective To provide useful information for reducing and preventing traffic accidents by analyzing the characteristics of Drunk-driving in 2008 in Pudong District of Shanghai. Methods Road traffic violations and accidents caused by Drunk-driving are tabled using Excel,and results are classified under the gender,age,date,time and blood alcohol concentration. Result the majority of offenders are men; most drivers are between 20 to 50 years old. The accidents mainly occurred be-tween 20:00 to 22:00; most on main suburban roads. The result of BAC determination is that,of the total of 1050 cases,14.19% is negative,2.00% is positive but under the legal limit (≥0.2mg/ml),11.14% is driving under the influence of alcohol,72.48% is drunk driving. Conclusion The study could be used for reference in preventing Drunk-driving traffic accidents. Related Articles | Metrics

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An Epidemiological Study on Drunk-driving Traffic Accidents in Chengdu HUANG Si-xing;ZHANG Xian-guo;KONG Bin;DENG Zhen-hua (. Traffic Administration Deptartment of Chengdu Municipal Public Security Bureau;Chengdu 00;China;. Research Lab of Forensic Pathology;West China School of Preclinical and Forensic Mediccine; 2010(01): 40-42.  Abstract ( )   Objective To explore the epidemiological features of drunk-driving traffic accidents in Chengdu,and to provide the scientific basis for prevention of drunk-driving. Methods Archives of traffic accidents in Chengdu from 2004 to 2008 were retrospectively analyzed. Drunk-driving formed the case group,and non-drunk driving formed the control group. The gender,age,mode of transportation,time dis-tribution of accidents and the traffic characteristics were analyzed statistically. Results Drunk-driving accidents mainly occurred at 14:00-18:00 and 20:00-1:00; January and February had more drunk-driving accidents. Rate of single-vehicle accidents,striking fixed objects,rear-end collision,overturned,hit and run was significantly higher than in the control group; and the harms caused by drunk-driving accidents to the drivers themselves and others were more serious than in the control group. Conclusion Drunk-driving is a great danger to the society. We should take appropriate measures according to the epidemiological features to prevent drunk-driving accidents. Related Articles | Metrics

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The Disability Evalution on the Disorganization of Foot Arch in Traffic Accidents ZHANG Xiao-tong;WU Jun;GU Xiang-jie;ZHAO Zi-qin (. Department of Forensic Medicine;Shanghai Medical College;Fudan University;Shanghai 000;China;. Shanghai Huayi Forensic Judicial Institute;Shanghai 0000;China;. Department of Orthopaedics;H 2010(01): 43-45+7.  Abstract ( )   Foot arch is constitute of transverse arch,medial longitudinal arch and lateral longitudinal arch. Foot arch measurement is composed of the angle of medial longitudinal arch,the angle of lateral longitudinal arch,the angle of anterior arch、the angle of posterior arch and Boehler's angle. As the national standard implemented in 2002,the "Assessment for Body Impairment of the Injured in Road Traffic Accident" difines the disorganization of foot arch as destruction over one third and com-pletely destruction. The former means the destruction of one of the three angles. The later means the destruction of all three angles. It proves the destruction of medial longitudinal arch or lateral longitudinal arch when the angle of medial longitudinal arch or the angle of lateral longitudinal arch exceedes ten percet compared with the uninjured side. Also it proves the destruction of anterior arch or posterior arch when the angle of anterior arch or the angle of posterior arch exceedes three percent compared with the injured side. After getting the case detail and inspecting the materials submitted,the appraiser can reach the final as-sessment on the basis of physical examination and iconography examination. Related Articles | Metrics

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Defects and Reform of the Judicial Process to Identify Medical Malpractice SONG Ping (Sichuan University of Science & Engineering;Zigong 000;China) 2010(01): 46-48.  Abstract ( )   The important elements in China's medical tort litigations involve professional medical knowledge. So,a judge usually commissions judicial appraisers to identify the "fault" and "causal relationship" of medical infringements. However,the public nature of the judicial power determines the judge's monopoly of the fact cognizance and the application of laws. The judge can consign part of professional medical facts appraisal to judicial appraisers. Judicial appraisers have no right to determine the "fault"of the party concerned,which is a leal issue and can only be performed by the judge. Therefore,in medical tort civil litigations,the judge's right of applying laws should cooperate with judicial appraisers' professional medical knowledge to determine the "fault". Related Articles | Metrics

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The Sunlight Projecting on the Judicial Authentication Process:Refration Rather Than Direction LIU Jian-hua;ZHOU Yang (Criminal Justice College;Zhongnan Unversity of Econmics and Law;Wuhan 00;China) 2010(01): 49-51.  Abstract ( )   Sunlight is the best antiseptic; sunlight makes judicial authenticion procedure open and transparent. However,the core of judicial authentication is science and technology. The outside interference on forensic experts should be minimized. So,in the process of judicial authentication,refration of sunlight is better than direction. In this way,the right of the party concerned are guaranteed,and the eyes of forensic experts are protected from direct glare. Related Articles | Metrics

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Rediscussion on the Criminal Responsibility of Drug Induced Mental Disorders WU Zhen (The People's Procuratorate of Minhang District of Shanghai;Shanghai 000;China) 2010(01): 52-54.  Abstract ( )   The criminal responsibility of drug-induced mental disorders is not mentioned in our law,and there are disagreements on this issue in the circle of jurisprudence and forensic psychiatry. The main problem focuses on how to assess the criminal responsibility when a drug addict is not able to recognize or control his own act. The author analyzes the evaluation of criminal responsibility of drug induced mental patients from the angle of laws and insists that the evaluation be lack of legal basis and not be good for case treatment when forensic experts take into account of the patients' psychology in evaluation. So it is not appropriate for forensic psychiatry to evaluate the criminal responsibility of drug induced mental patients. Related Articles | Metrics

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Application of Modern Material Detection Technology in Forensic Construction Engineering RUAN Jiong-zheng;DUAN Wen-feng;HUANG De-xin;XIA Zong-yu (. Jilin Architectural and Civil Engineering Institute;Changchun 00;China;. Changchun Hengsheng Construction Engineering Materials Detection Limited Company;Changchun 00;China) 2010(01): 55-57.  Abstract ( )   In judicial appraisal of the quality of construction engineering,problems,which can not be solved by the existing detection norms and conventional detection methods due to the use of new materials and techniques,are often encountered. Therefore,it is necessary to adopt modern material detection technology. In this paper,the failure cause of geothermal pipe,the organic content and nature of polymer finishing mortar for external thermal insulation and the spalling reason of surface mortar on the insulation board are identified by differential scanning calorimetry (DSC) and infrared absorption spectra (IR). The experiences,difficulties and solutions in judicial appraisal of construction engineering quality using modern materials detection technology are introduced. Related Articles | Metrics

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The Research Progress of X Chromosome STR Loci in Forensic Genetics ZENG Xiang-pei;LI Hai-xia;SUN Hong-yu (Department of Forensic Medicine;Zhongshan School of Medicine;Sun Yat-sen University;Guangzhou 00;China) 2010(01): 58-62.  Abstract ( )   This article summarizes the structure and hereditary characteristics of X chromosome and the history and present situation of X-chromosome specific short tandem repeat (X-STR) loci in forensic medicine. The application of X-STR loci in mixed stain identification and complex paternity cases is discussed. Some problems which should been paid attention to when using X -chromosome STR loci in forensic medicine are also proposed,such as the haplotyping and linkage disequilibrium phenomena. Related Articles | Metrics

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The Impact of Defected Medical Records on Forensic Injury Examination LIU Ai-ping (Office of Judicial Appraisal;Taizhou People's Hospital;Taizhou 00;China) 2010(01): 63-64.  Abstract ( )   Medical records are important objective materials for forensic injury examination. Defects in medical records will interfere with forensic injury examination directly or indirectly. The impact of common defects in medical records on forensic injury examination is analyzed. It is proposed that medical workers who are engaged in trauma treatment should enhance their legal awareness and improve the quality of medical records. Related Articles | Metrics

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The Sufficient Condition for Identification of Roll-point Pen's Stroke Marks WANG Xiang-chen (China Criminal Police College;Shenyang 00;China) 2010(01): 65-67.  Abstract ( )   The roll-point pen is a popular writing instrument because of its fluency for writing and convenience for using. In this paper,the sufficient condition for identification of stroke marks of roll-point pens was studied. 96 experimental samples were collected. Factors such as paper,underlay,pen pressure,writing speed,etc. were investigated. The characteristics of the stability,particularity and reflection of stroke marks were summarized. It is proposed that the similar writing condition and us-age stage of pens are important components of the sufficient condition for identification of roll-point pen's stroke marks. Related Articles | Metrics

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Analysis of the Designed Horizontal Cursive Signature REN Yu-ling;ZHANG Li-gang (Yunnan Police Officer Academy;Kunming 0;China) 2010(01): 68-71.  Abstract ( )   Nowadays,more and more designed signatures are encountered for identification in various economic,civil and criminal cases. The designed horizontal cursive signature has its unique features and the comparison method needs improving. In the paper,the features of the designed horizontal cursive signature are analyzed,and the comparison foundation and method are discussed. Related Articles | Metrics

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Maximum Entropy Restoration of Blurred Image CHEN Chun-tao;HUANG Bu-gen (Department of Forensic Science and Technology;Jiangsu Police Institute;Nanjing 00;China) 2010(01): 72-74.  Abstract ( )   The algorithm of maximum entropy method (MEM) proposed by Hollis et al. is introduced. This algorithm can be accelerated by the method suggested by David et al. in 1997. Some restoration examples of real blur images are shown,including motion-blurred images and defocus-blurred images that are common in forensic practice. The performance of this method is effective and feasible in forensic area. Related Articles | Metrics