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2009 Issue 5 (Total No. 46)
Published: 15 September 2009 Previous Issue    Next Issue
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A Comparative Study on Forensic Science Practitioners in Social Institutions and Investigatory Organs YANG Kai-xiang;SONG Yang (Law School of Zhongnan University;Changsha 000;China) 2009(5): 1-5.  Abstract ( )   The "Decision of the Standing Committee of the National People’s Congress on Administration of Forensic Appraisal" aims at establishing a unified forensic appraisal administration system. However, due to the bipartite administrative system for forensic science institutions and forensic practitioners, the goal of the Decision has not been achieved successfully. The "Circulation", which was formulated by the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Justice, attempts to make correction, and brings forensic practitioners within investigatory organs under the registration management of judicial administrative departments. Therefore, there is difference between the administration of forensic social forensic practitioners and functional forensic practitioners. From the view of the unified forensic appraisal administration system, the administration of functional forensic practitioners is still not in reason. Related Articles | Metrics

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Thoughts on Improving the Power to Initiate Judicial Appraisal——In the view of Criminal Proceedings TAN Shi-gui;CHEN Xiao-tong (. Law School of Zhejiang Industry and Commercial University;Hangzhou 00;China;. Law School of Hainan University;Haikou 0;China) 2009(5): 6-10.  Abstract ( )   The power to initiate judicial appraisal is a comprehensive issue, with substantive, procedural and double features. In allocating the power to initiate and practice thereof, there exist the following phenomena: lack of legal norms, over-expansion of public power, weakness of the defense, as well as a non-perfect supervision and relief mechanism. To improve the power to initiate judicial appraisal, the basic principles of neutrality of judgments, balancing of both defending and prosecuting groups, effective participation and efficiency of the litigation must be considered. At the same time, the system should be reformed and reorganized. Related Articles | Metrics

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On the Development of Private Forensic Institutions——Learn from the Experience of "Nantian" and "Taitai " HU Xi-qing (East China University of Political Science and Law;shanghai 000;China) 2009(5): 11-16.  Abstract ( )   Since the "Decision of the Standing Committee of the National People’s Congress on Administration of Forensic Appraisal" was implemented, rapid progress has been achieved in the development of private forensic institutions. Courts and judicial administrative organs are no longer allowed to have their own forensic science institutions, and forensic science institutions within investigation organs can only provide services for investigation. This makes chance for the development of private forensic institutions. After years of practice, some private forensic institutions are successful, while some are struggling for survive. There are challenges for the development of private forensic institutions and great attentions should be paid to them. Related Articles | Metrics

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On the Reform of Litigation Procedure of Occupational Disease Appraisal System XIAO Jin (Pudong Executive Leadership Academy of China;Shanghai 00;China ) 2009(5): 17-19.  Abstract ( )   s: Imitating litigation procedure is the characteristic of occupational disease appraisal system in China. However, there are defects in impartiality, convenience and remedy. Many things need to be done in safeguarding the rights of labourers to access to occupational disease appraisal. Related Articles | Metrics

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Research on Identification of Stamp Impressions Forged by Laser Stamps and Photosensitive Stamps JIA Zhi-hui (Southwest University of Political Science and Law;Chongqing 00;China) 2009(5): 20-24.  Abstract ( )   Emulating stamps by laser engraving machines and photosensitive stamp machines is a new forgery method. The forged stamps have high similarity with authentic stamps, and could not be identified easily by traditional examination method. It is important to investigate the manufacturing process, the features of forged stamps, the approaches of examination and the basis of conclusions, in order to reach correct conclusions. Related Articles | Metrics

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Detection and Quantification of Methamphetamine in Biological Samples by Matrix-Assisted Laser Desorption/ionization Time-of-Flight Mass Spectrometry SHEN Bao-hua;ZHAO Hui;YAN Hui;ZHUO Xian-yi (. Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China;. Shanghai Medical College;Fudan University;Shanghai 000;China) 2009(5): 25-27+3.  Abstract ( )   Objective To establish a matrix-assisted laser desorption/ionization time-of-flight mass spectrometry (MALDI-TOFMS) method for the detection and quantification of methamphetamine in human urine and hair. Methods Urine samples are liquid-liquid extracted. After decontaminated, hair samples are incubated with 0.1mol/L hydrochloric acid and extracted using a liquid-liquid extraction, and then detected by MALDI-TOF-MS. Results Carbon nanotubes (CNTs) are used as an effective MALDI-TOF matrix. With this method, which is verified by authentic cases, the limit of detection of methamphetamine in urine is 0.5ug/mL, and the linearity covers 0.5ug/mL to 100ug/mL (R2=0.9970); the limit of detection of methamphetamine in hair is 0.4ng/mg, and the linearity covers 0.4 to 60ng/mg (R2=0.9976). Conclusion The results indicate that this method could be used in the analysis of methamphetamine in human urine and hair. Compared to traditional GC-MS and LC-MS method, it is timesaving, therefore more adequate for mass sample simultaneous analysis. Related Articles | Metrics

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Establishment of the Traffic Accident Identification System Oriented to Accident Dealing ZHANG Lei;LAI Jian-ge;WANG Lian-ming;WANG Chao-yong (Traffic Accident Identification Center of Beijing Traffic Management Bureau;Beijing 000;China) 2009(5): 28-32.  Abstract ( )   According to the prescript of "Law of People’s Republic of China on Road Traffic Safety" and the requirement of traffic accident dealing, a traffic accident identification system oriented to accident dealing was established based on system science theory and practice identification experience. In this traffic accident identification system, the intention and function of specific traffic accident identification is definite and correlative techniques can be unified effectively. Related Articles | Metrics

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Trace Analysis on Bike Driving State in Traffic Accidents ZHANG Han-xin;XU Hong-guo;DAI Lin (. Criminal Science Department;China Criminal Police University;Shenyang 00;China;.College of Transportation;Jilin University;Changchun 00;China) 2009(5): 33-36.  Abstract ( )   The bicycle is taken as an example of no-motor vehicles. The identification method of suspected vehicles is proposed based on the information of striking vehicles, micro materials and superficial attachments extracted from no-motor vehicles and cyclists in traffic accidents. According to massive correlation data, accident scene records and typical cases, trace examination methods are classified. From the trace of vehicles, reconstruction of accident scenes is explored. The above work could be used to determine the driving state of bikes in traffic accidents and improve accuracy in responsibility recognition of traffic accidents. Related Articles | Metrics

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Investigation and Application of Liquid Trace in Traffic Accident Scenes XIA Xiao-ling;LIU Wei-ping (.Hunan Public Security College;Changsha 0;China;. Institute of Forensic Science;Ministry of Public Security;Beijing 000;China) 2009(5): 37-38+4.  Abstract ( )   Liquid trace is a kind of ground traffic trace in accident scenes. Through finding and analyzing the liquid trace, it is likely to get information about the vehicle causing accidents, and help track, intercept and identify the vehicle. Related Articles | Metrics

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Failure Analysis of the Front Fork of a Motor Tricycle LIU Jin-yun;JIN Ying-rong;ZHOU Hua (. Sichuan Xihua Judicial Appreciation Institute of Automobiles;Chengdu 00;China;. School of Material Science and Engineering;Xihua University;Chengdu 00;China) 2009(5): 39-42.  Abstract ( )   Failure causes of the welding joint between chassis and left damper cylinder of the front fork in the motor tricycle was analyzed. The morphology of fracture, composition and microstructure of material show that the intergranular failure at the welding joint of the front fork resulted from improper welding process. Related Articles | Metrics

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Speed Analysis in the Accident of Vehicle Barrier Crash HE Hong-yu;FENG Hao (.Shandong Transportation College;Jinan 00;China;. Forensic Science Institute;Ministry of Justice;Shanghai 000;China) 2009(5): 43-45.  Abstract ( )   Vehicle-barrier crash is a kind of accidents common on freeways. There are two methods for velocity analyzing, i.e. the method of normal elastic restitution coefficient and the method of tangential friction coefficient. As vehicles run very fast on freeways, they often rush out of roads when crashing barrier. In this case, a new method, which is based on the deformation energy of barrier, could be used for calculating the minimum collision velocity. The new method has been verified in practice. Related Articles | Metrics

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Speed Determination Using Video Recording FENG Hao;PANG Shao-you;CHEN Jian-guo (Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2009(5): 46-48+5.  Abstract ( )   The wide use of surveillance video equipment has provided important clues for investigation and identification of various cases. The technique of using clear video images for close-range photogrammetry, moving objects recognition and tracking is quite mature; but the technique of using wide-angle, low-pixel video surveillance video for estimation of vehicle speed is not yet established. According to general calculation methods and basic principles of computer vision, the vehicle speed in different cases of traffic accidents is studied using public surveillance video recordings. Related Articles | Metrics

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Issues on Forensic Psychiatry Appraisers’ Testifying in Trial GUAN Wei;ZHANG Qin-ting (Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2009(5): 49-54.  Abstract ( )   With the reform of court trial system and the development of evidence rules, appraisers should pay their attention from the theory exploration about "why appraisers should appear in court" to the practical operation about "how to testify in trial". The character of forensic psychiatry makes it necessary for the appraisers to understand correctly their status in lawsuit and foresee the potential hardship. Appraisers should review files thoroughly and exchange information with relevant parties carefully before appearance. In trial, it is important to identify traps, and be cautious to answer "YES "or "NO" simply. Appropriate debating skills can help appraisers win active advantages even when they are in passive status. Related Articles | Metrics

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On the Chinese Standard System of Forensic Accounting Appraisal QI Jin-bo;PANG Jian-bing;XIN Hai-hong (. Information Management Department of Central Institute for Correctional Police;Baoding 0000;China;. Chinese Procuratorate Press;Beijing 0000;China;. Quality Supervision College of Hebei University 2009(5): 55-58.  Abstract ( )   As forensic accounting appraisal is an important part of our conutry’s forensic science system, it should have its own professional standards. However, Our country has not yet established the professional forensic accounting standard system, and this has seriously affected the quality of forensic accounting appraisal. Nowdays, the study of forensic accounting standards mainly focuses on some specific forensic accounting appraisal standards and ignores the build of a standard system, so theses standards lack in systematic and comprehensive coordination. For this reason, applying the standardization theory, and based on a systematic analysis of forensic accounting in China, the author tries to define the standardization objects and establishes the forensic accounting appraisal system with Chinese characteristics. The specific contents of the standard system are proposed. Related Articles | Metrics

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On Spectrum Analysis of Signature Handwriting CHEN Xiao-hong;JIA Yu-wen;LIU Jian-wei (. Institute of Forensic Science;Ministry of Justice;Shanghai 000;China;. China Criminal Police University;Shenyang;00;China;.China University of Political Science and Law;Beijing 000;China 2009(5): 59-62.  Abstract ( )   A spectrum analysis method of signature handwriting was presented. After acquisition of the data of pen pressure and speed, Fourier transform was performed and spectrum of handwriting was calculated. The results show that the spectrums of the same writer’s signatures have high similarity, and clearly distinguish from other’s signatures. The spectrum analysis is a visual and effective method to identify signatures. Related Articles | Metrics

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Analyzing and Reasoning in Forensic Examination of Light and Heavy Injuries YAO Hong-lan;Wang De-yue;Pan Wen-rong (. People's Procuratorate of Putian;Putian 00;China;. People's Procuratorate of Nanping;Nanping 000;China;. People's Procuratorate of Fujian;Fuzhou 00;China) 2009(5): 63-65.  Abstract ( )   Based on the legal attributes of forensic medical conclusions, the process of analyzing and reasoning in forensic examination of light and heavy injuries was studied. It is proposed that the process include at lease three parts of contents as the identification of injury fact, determination of causal relationship, and the application of standard provisions. The principles that should be followed in the three contents were discussed. Related Articles | Metrics

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The Application of Paternity Test in Litigations QIN Ming-hua;LU Wen-yi (Juvenile Tribunal;Shanghai No. Intermediate People’s Court;Shanghai 00;China) 2009(5): 66-68.  Abstract ( )   In recent years, more and more litigations related to parental relationships, which involve paternity test, have been brought into courts. Nevertheless, Chinese legal provisions that govern the application of paternity test are few; this causes difficulties for judges in deciding the facts of cases. From a practical angle and based on the few legal regulations, the author tries to discuss the application procedure, the evidential effect and the judging rules of paternity test. Related Articles | Metrics

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Analysis of 48 Medical Disputes ZHOU Da-lin;CUI Xin-guo (Forensic Science Institute of Huaibei Medical Association;Huaibei 000;China) 2009(5): 69-72.  Abstract ( )   48 medical disputes were studied retrospectively. The common medical treatment delinquency and defects in medical disputes were analyzed. The strategies for improving medical quality, eliminating medical malpractice were discussed. Related Articles | Metrics

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The Application of X-Ways Forensics in Digital Forensics YIN Dan (Laboratory of Digital Forensics;the First Research Institute of Ministry of Public Security;Beijing 000;China) 2009(5): 73-75.  Abstract ( )   The development and features of several famous digital forensic tools are introduced. The functions and application of volume snapshots of X-Ways Forensics are illustrated, in particular. Related Articles | Metrics

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Examination of Fire Blunderbuss JI Jun (Forensic Science Institute of Nanjing Public Security Bureau;Nanjing 000;China) 2009(5): 76-78.  Abstract ( )   In order to solve problems related to "fire blunderbuss" in juridical practice, the author introduced the internal structure and fire mechanism of it, and presented the method for examination of casualty power by "interior ballistics theory calculation" when fire tests and tachometer inspection are not available. Objective and scientific expression of examination conclusions were also discussed. Related Articles | Metrics