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2009 Issue 6 (Total No. 47)
Published: 15 November 2009 Previous Issue    Next Issue
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On the Unified Legislation of Forensic Appraisal XU Jing-cun;YAN Fei(Law School;Southwest University of Political Science and Law;Chongqing 000) 2009(6): 1-5.  Abstract ( )   The 2005 "Decision on the Administration of Forensic Appraisal by the Standing Committee of the National People’s Congress" aims at eliminating the disorder and chaos in the area of forensic appraisal and setting up a unified and orderly administrative system.However,the intended goal has failed to be attained due to the existence of the following problems: the decision does not match the present litigation structure and evidence rule,the allocation of appraisal rights and procedure of appraisal,the standards of appraisal have not been clarified.In order to build and perfect a unified forensic expertise management system,it is necessary to formulate forensic appraisal law as soon as possible. Related Articles | Metrics

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On Appraisers’ Thinking YI Min;ZHANG Ling-yan;HUANG Rui(Forensic Science Center of Southwest University of Political Science and Law;Forensic Biology and Technology Engineering Center of Chongqing Higher Education Institutions;Chongqing 00;China) 2009(6): 6-11.  Abstract ( )   The characteristic and principle of judicial appraisers’ thinking in judicial apprsal are discussed based on appraisal practice and appraisers’ thinking rule.Scientific methods and scientific sense constitute the important elements of appraisers’ thinking style. Related Articles | Metrics

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On "Identification Detention"——Discussion from the "DENG Yu-jiao" Case WANG Jian(Law School;East China University of Political Science and Law;Shanghai 000;China) 2009(6): 12-14+2.  Abstract ( )   DENG Yu-jiao case,which happened in Badong,Hubei province,reflects the lack of "identification detention" system in forensic psychiatry in our country.Forensic psychiatry is not only a medical issue,but also a legal issue.Regulations of forensic psychiatry are not adequate in Chinese legal system.Legislations of forensic psychiatry should be paid attention to.We should learn experiences from foreign countries.Firstly,the scale of identification detention should be restricted to protect people’s right of freedom.Secondly,opinions of experts and defendants should be heard before "identification detention" is used.Only serious criminal defendants are suitable for this detention.Thirdly,period of detention should be stipulated.Period of forensic psychiatry should not be counted as period of detention,and the period of forensic psychiatry should be used to setoff the term of imprisonment. Related Articles | Metrics

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Conflict and Choice of Fingerprint Evidence SONG Yuan-sheng(College of Criminal Justice;East China University of Political Science and Law;Shanghai 000;China) 2009(6): 15-19.  Abstract ( )   Fingerprint evidence is closely related to science,and development of science gives it’s wider usage.Fingerprint evi-dence has objective and accurate value in criminal procedure.However,fingerprint evidence is not the absolute truth and it can cause false cases due to many factors.Therefore,we should make use of its scienticfic value while prevent its defect.We should take reference of foreign experience in legislation and practice to establish the relevant procedure and rules in China. Related Articles | Metrics

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Preparation of Gold Colloidal Immunochromatographic Test Cassette for Detection of Cocaine and Benzoylecgonine ZENG Li-bo;CHEN Lian-kang;HU Xiao-long;ZHANG Yu-rong;ZHANG Run-sheng(Shanghai Key Laboratory of Crime Scene Evidence;Insitute of Forensic Science;Shanghai Municipal Public Security Bureau;Shanghai 000;China) 2009(6): 20-22+3.  Abstract ( )   Objective To develop an easy to use,rapid and accurate test to detect cocaine and its benzoylecgonine by the col-loidal gold immunochromatographic assay.Methods Anti-cocaine,monoclonal antibodies were conjugated with colloidal gold particles.The complete antigen cocaine-BSA was coated on the nitrocellulose membrane as the test line T.Different intensities of the purple lines on the strip could be seen as a result of the competition for binding to the conjugated antibodies between the complete antigens and free cocaine and benzoylecgonine which may be present in the samples.Results The cocaine test cas-sette can detect cocaine and benzoylecgonine in 5 minutes without any cross reactions to other kind of drugs.One hundred and seventy urine samples were tested by immunochromatographic cassette and GC/MS methods,and the accuracy for cocaine and benzoylecgonine was 98.9% and 98.6%,respectively.The cut-off value was established to be 300ng/ml for cocaine and ben-zoylecgonine.The stability experiment showed that the cocaine test cassette can maintain its effect for at least one month at 45℃.Conclusion The reported cocaine immunochromatographic test cassette is a sensitive,specific,rapid and easy to use as-say for detecting cocaine and benzoylecgonine in samples. Related Articles | Metrics

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Simultaneous Analysis of 15 Sedative-hypnotics and Their Metabolites in Urine by LC-MS/MS YE Hai-ying;LIANG Chen;WANG Rong;ZHANG Yu-rong;ZHANG Run-sheng;NI Chun-fang(Shanghai Key Laboratory of Crime Scene Evidence;Insitute of Forensic Science;Shanghai Municipal Public Security Bureau;Shanghai 000;China) 2009(6): 23-27.  Abstract ( )   Objective To establish a liquid chromatography-tandem mass spectrum(LC-MS/MS) method for simultaneous analy-sis of 15 sedative-hypnotics and some metabolites in urine samples.Methods Urine samples were enzyme-hydrolyzed and ex-tracted by solid phase extraction(SPE),then separated by C18 column and analyzed by MS.The positive and negative electric spray ionization modes were adopted simultaneously.Multiple reaction monitoring(MRM) mode was used to analyze target com-pounds.Results Identification was based on the compound’s retention time and two pairs of precursor-to-product ion transi-tions.The limits of detection(LOD) ranged from 0.01ng/mL to 0.5ng/mL(ESI+) and 10ng/mL(ESI-) in urine,and showed a fair-ly good linearity over the range of 2～3 orders(r>0.994).The recovery rates were between 64.80% ~ 116.20%,and the deviation of intra-and inter-day precision was less than 18%.Conclusion This newly developed method shows high sensitivity and se-lectivity,and is suitable for the simultaneous analysis of 15 sedative-hypnotics and some metabolites in urine samples. Related Articles | Metrics

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Residue Analysis of Gasoline Target Compositions in the Common Burned Matrixes Using GC/MS/AMDIS GU Hai-xin;HUANG Hao;ZHANG Yong-feng;HU Rao;WU Yu(. Shanghai Fire Research Institute of Ministry of Public Security;Shanghai Identification Center for Fire Material Evidence of Ministry of Public Security;Shanghai 00;China;. Chongming Fi 2009(6): 28-32.  Abstract ( )   Objective To study the residual properties of 15 gasoline target compounds remaining in different burned matrixes under different fire scenes and investigate the relationship between the target compounds and burning matrix. Methods Three matrixes, concrete, soil and wood, were used to simulate various burning situations respectively. Combined with the gasoline-water-washing experiment, the factor of water was specially considered to investigate its influence on target compounds loosing.Gasoline target compounds were determined and searched by Gas Chromatography/Mass Spectrometry/Automatic Mass Spectral Deconvolution and Identification System (GC/MS/AMDIS), in order to characterize how many and what kind of compounds remained in matrix. Results The target compounds could be totally detected if the matrix burned its extremities without external influence. With the presence of water washing, some of the target compounds, especially 1,3,5-trimethylbenzene, n-dodecane,2-methylnaphthalene, 1,3-dimethylnaphthalene, 2,3-dimethylnaphthalene were greatly affected. Conclusions This paper could be taken for reference for the possibility of the presence of gasoline in the case of absence of some target compounds or lack of sufficient detection information. Related Articles | Metrics

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Re-definition of Forensic Medicine and its Sub-disciplines from the Aspect of Evidence Science YU Xiao-jun;LAI Xiao-ping;WANG Hai-peng;TANG Jian-pin;(.Dept.of Forensic Medicine;Medical College;Shantou University;Shantou 0;China;.Dept.of Forensic Medicine;Guangdong Medical College;Dongguan 0;China;.Dept.of Forensic Medicine;Bas 2009(6): 33-37.  Abstract ( )   This article redefines forensic medicine and its sub-disciplines.To correctly decide the position of forensic medicine from both humanities and natural sciences,the author attempted to clarify the definitions of and relationsship between "evi-dence science" and "forensic science","applied medicine" and "special medicine". Related Articles | Metrics

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Discuss on the Difference between Forensic Accounting Theory and Fraud Examination Theory——Analysing the Misunderstanding and Misleading of "Legal Accounting" YU Chao(The People’s Procuratorate of Jinan;Jinan 0000;China) 2009(6): 38-43.  Abstract ( )   Forensic accounting and fraud examination belong to different fields.We make efforts to identify the confusion between the theory of forensic accounting and that of fraud examination and analyze the reasons for the forming of the "theory of confusion".We introduce the research results by Chinese academia,which identify the differences between the two theories,and point out that because the activities of forensic accounting and fraud examination are quite different,the confusion of the two theories will result in errors in practice and will harm the future of Chinese forensic accounting and audit.We also analyse the misunderstanding and misleading of the theory of "legal accounting",which comes from foreign "theory of confusion". Related Articles | Metrics

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A Study of Four Cases of Sudden Death due to Leukemia QIN Zhi-qiang;LI Ling (.Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai;000;China;.Office of the Chief Medical Examiner;State of Maryland;Baltimore;0;United States) 2009(6): 44-48.  Abstract ( )   Material and Method 4 cases died of leukemia were studied retrospectively based on autopsy records in our insti-tute from 2003 to 2006.Results None of 4 cases showed the typical symptom of hematonosis prior to death.Only one of them was diagnosed the acute promyelocytic leukemia(M3),and another 3 had no clinical records to verify hematonosis.Autospy findings included the following items: 1.leukemic cells infiltration in multi-organs,especially in cerebrum;2.hepatomegaly and splenomegaly;3.bleeding tendency caused by blood disorders,such as purpura,bleeding wound and long-term un-healing,etc;4.excluding deaths caused from violent force.Conclusion The cases died of leukemia usually have no apparent and typical symptom,or only have slight symptom which is often ignored.In such cases,the clinical records and medical history should be collected,and systematic autopsy must be performed.Microscopic examination should also be performed for marrow cells with a good lab condition.The general cause of death is the disseminated intravascular coagulation(DIC) and intracranial hematoma caused from leukemia. Related Articles | Metrics

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On Evidentiary Effectiveness of Handwriting Identification——In the View of Handwriting Identification in the Case of Fighting for the Century Heritage WANG Ya-nan(College of Criminal Justice;China University of Political Science and Law;Beijing 0;China) 2009(6): 49-53.  Abstract ( )   As handwriting identification mainly depends on examiners’ experience and is not able to be tested repeatedly,there exist disagreements about the acceptance of its conclusions as judicial evidence,especially in handwriting identification of wills.Handwriting identification presents typical significance in the case of "Fighting for the Century Heritage" which Hong Kong had experienced for eight years.How to demonstrate the conclusion of handwriting identification in court by examiners,and how to adopt or eliminate a controversial conclusion by courts,is a theoretical issue,as well as a system issue and a value choice.Therefore,the research and exploration on handwriting identification conclusions presents practical significance,which forensic identification system and evidence system have to face. Related Articles | Metrics

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The Changing Characteristics of Stamp Impression Size in Dating of Stamp Impressions SUN Wei-long;SHI Shao-pei;BIAN Xin-wei(Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2009(6): 54-56.  Abstract ( )   The date of stamping is an important element to determine the creating time of questioned documents,and further to authenticate questioned documents.Based on the analysis of the changing characteristics of stamp impression size caused by stamp expansion and contraction,the application of stamp impression size in dating of stamp impression is studied.The method to measure the stamp impression size and the issues for attention in examination are discussed.Two cases are presented. Related Articles | Metrics

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Recovery of the Competency to Stand Trial SUN Xiu-min;ZHAO Hu(.Department of Forensic Medicine;Medical College;Shantou University;Shantou 0;China;.The laboratory of Forensic Psychiatry and Psychology;Department of Forensic Medicine;Zhongshan Medical College;Sun Yat-sen University;Guangzh 2009(6): 57-59.  Abstract ( )   Competency to stand trial is an important issue,but to the defendants who are adjudicated incompetent to stand trial,the recovery of the competency is also an issue needing for attention.The training procedures for recovery of competency to stand trial include treatment of mental disorders,learning legal knowledge and comprehensive hospital treatment.Specialized training and individualized programs are necessary to maximize opportunities for the competency recovery.Although there are many challenges in the research of CST recovery,the classical Bennett standard could be used for reference. Related Articles | Metrics

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Documentary Examination of 278 Medical Parole Cases CHEN Jian-you;CHEN Ming-yong;TANG Yong-biao(.People’s Procuratorate of Changle;Changle 000;China;.Changle Public Security Bureau;Changle 000;China;.People’s Procuratorate of Fuzhou;Fuzhou 00;China) 2009(6): 60-62+6.  Abstract ( )   278 medical parole cases,which were examined by the technical department of People’s procuratorate of Changle from 2006 to 2008,were summarized.It was found that the acceptability rate for detention houses was lower than that for pris-ons.In the analysis of disease system,the acceptability rate for circulation system,nervous system and different kinds of infec-tious diseases were significantly low.Reasons are as follows: First,regulations of medical parole were not uniform.Second,standards of examination were too old to meet the need of current situation.Third,standard of examination was not strict e-nough.Fourth,there lack of qualification mechanism for examiners.Finally,process and management mechanism of examination was not regulated.To solve these problems,measures such as improving examination standards,emphasizing examination and approval process,strengthening procuratorate supervision and increasing forensic medical examination,should be taken. Related Articles | Metrics