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2009 Issue 3 (Total No. 44)
Published: 15 May 2009 Previous Issue    Next Issue
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On The Re-appraisal in Criminal Procedure SHEN Jun-gui;LIU Hui(Law School of Xiangtan University;Xiangtan 0;China) 2009(3): 1-6.  Abstract ( )   Re-appraisal could play an important role in discovering the facts of a case and protecting the legal interests of the party.But its importance is apparently ignored in the present criminal procedural law, due to the shortage of rules, the absence of operability and the existence of some flaws.In current judicial practice, the frequency of starting re-appraisal procedural is too high, which wastes resources and harms the dignity of justice.Therefore, it is essential to find out the existing flaws in the rules of re-appraisal and propose corresponding solutions to achieve a perfect re-appraisal system. Related Articles | Metrics

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The Cause of Divergence Appraisal and Thoughts thereon ZHANG Li-ming;CHEN Jian-min(.Law School of Guangzhou University;Guangzhou 000;China;.Peoples' Procuraterate of Zhanjiang;Zhanjiang 0;China) 2009(3): 7-11.  Abstract ( )   Divergence appraisal of psychopath is a phenomenon that takes place in present criminal procedure.In theory, this phenomenon is caused by inherent restrictions of psychiatric evidence.In practice, this is the result of relevant criminal norms under the market economy.The regulation makes it possible to have the"scattered"appraisal institutions, thus makes it difficult to have the"normalized"experts. Related Articles | Metrics

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Brief Remarks on Judicial Appraisal in IP Cases Wang Ping-rong;(.Hehai University;NangJing 00;.Suzhou Intermediate People's Court;Suzhou 00;China) 2009(3): 12-15.  Abstract ( )   Though there are many studies on appraisal in the area of the criminal and civil procedure, the analysis of appraisal in intellectual property litigation is relatively rare.To guarantee the fair and efficient appraisal of special issues in IP cases, besides setting up and strengthening relevant systems, we should pay more attention to the training of appraisers;build up state-level authoritative appraisal institutions;normalize rules and procedures of IP appraisal, establish the quality evaluation system;and eliminate local and departmental protectionism. Related Articles | Metrics

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On the Insurance System of Appraisers' Practice YE Ying(People's Procuratorate of Huangpu District;Shanghai 0000;China) 2009(3): 16-19.  Abstract ( )   Improper appraisal is inevitable in judicial practice.An appraiser whose improper appraisal infringes the party's interest must undertake the responsibility, and the civil liability is the core of appraisers' responsibility system.To determine the civil liability of the appraiser and protect legitimate rights and interests of litigants, it is necessary to build up and perfect an insurance system of appraisers' practice. Related Articles | Metrics

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The Relationship between Fundus Changes and Visual Function of Myopic Eyes and Its Forensic Significance XIA Wen-tao;LIU Yi-chang;CHEN Jie-min;(.Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China;.Faculty of Forensic Medicine;Medical College of Soochow University;Suzhou; 2009(3): 20-23+3.  Abstract ( )   Objective To study the relationship between fundus changes and visual function of myopic eyes;and to study the relationship between fundus changes and visual function of myopic eyes after slight ocular blunt trauma.Methods 170 eyes from 104 volunteers with different myopic severity and 112 eyes from 56 cases with slight ocular trauma were selected as the test group and the ocular trauma group, respectively.Each eye was scaled into grade 0 to grade 4 according to its fundus changes, and then the diameter ratio of myopic comus and optic disc, error of refraction, visual acuity and visual field were tested.Results In the test group and ocular trauma group, fundus grade and diameter ratio are related with diopter after rectification, rectified visual acuity and mean damage of static visual field.Conclusion Visual function of tested eyes can be estimated by fundus grade of eyes, and the diameter ratio of myopic comus and optic disc is an effective supplementary method.If visual function declines, but no obvious changes of eyeball structure are found, the tested visual function can't be used as the identification basis in the myopic after slight blunt trauma. Related Articles | Metrics

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Review of Ethyl Glucuronide in Hair Analysis SHI Yan;XIANG Ping;SHEN Bao-hua;SHEN Min(.Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China;.Shanghai Medical College of Fudan University;Shanghai 000;China) 2009(3): 24-30.  Abstract ( )   Ethyl glucuronide(EtG) is a minor metabolite of ethanol, which only represents 0.02%-0.06% of the total ethanol intake.Following alcohol intake, EtG is reported to be detectable for an extended period of time after the complete elimination of ethanol from the body, so it can be used as a marker of alcohol abuse.Its detection in hair has become a hot subject of re-search in both clinical and forensic context for the purpose of alcohol abuse monitoring.The hair analysis of EtG requires more sensitive methods for its low concentration, which needs to be carried out by LC-MS/MS or GC-MS/MS.Special attentions should be paid in the decontamination procedures of hair sampling, washing and extracting to avoid a false positive result.Moreover, EtG concentration in hair may help to estimate the daily alcohol intake and can confirm abstinence, so it can be widely used in forensic science, treatment programs, workplaces, schools, troops as well as driving ability test to provide legal proof of drinking. Related Articles | Metrics

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The Difference Analyses of 10 SNPs in HPA Gene Between Zhuang and Han in Guang Xi Area JIAO Wei;HAN Xiao-tian;LI Yao;QIN Ling;JIANG Bin;XIE Qing-ling;LIN Jin-ying(.People's Hospital of Guangxi Zhuang Nationality Autonomous Region;Nanning 00;China;.State Key Laboratory of Genetics Engineering;Fudan University;Shanghai 2009(3): 31-34.  Abstract ( )   Objective To explore the difference of 10 SNPs in HPA gene between Zhuang and Han in Guang Xi area.Methods Ten SNPs were genotyped in 99 Zhuang individuals and 107 Han individuals.Nine of the ten SNPs located in the 6 human platelet alloantigen(HPA) coding genes, and the other one located in the inter-gene region.Analyses were conducted on the differences of allele frequencies and genotype frequencies between Han and Zhuang in Guang Xi area.Moreover, the genetic structure was analyzed for the two populations along with the four populations from Hapmap II data.Results There are no sig-nificant allele frequency differences of the 10 SNP loci between Zhuang and Han population in Guang Xi area, while the signif-icant difference of the genotype frequency are shown on rs630014 and rs9441951.The genetic structure of Guang Xi Zhuang, Guang Xi Han, Beijing Han and JPT are similar, while significant genetic structure difference is implied from CEU and YRI.Conclusion The frequent gene communication in history between Zhuang and Han in Guang Xi area could cause the genetic similarity in the two populations. Related Articles | Metrics

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On the Standards of Questioned Document Examination JIA Yu-wen;CUI Lan(Chinese Criminal Police College;Shenyang 00;China) 2009(3): 35-38.  Abstract ( )   Standards for questioned document examination, which has been tried since the fifties of last century, is not a new subject.However, great progress has been made in this century with the laboratory accreditation of forensic science institutions.In the paper, the significance, conditions, standard contents and related issues of establishing the standards of questioned document examination are discussed.It is hoped that this can be taken for reference in the establishment of standards. Related Articles | Metrics

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The Road to the standardization of Questioned Document Examination ZOU Ming-li(Southwesten University of Political Science and Law;Chongqing 00;China) 2009(3): 39-42+4.  Abstract ( )   It is difficult but imperative to complement standardized management in questioned document examination.The necessity and advantage of establishing the standards for questioned document examination are analyzed.The grade and nature of the standards are defined according to standard law.The five guidelines for the standard contents are discussed.The scheme and procedure for standard drafting are proposed.It is hoped that the opinions could be used for reference in the standardization of questioned document examination. Related Articles | Metrics

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Thoughts about the Standard for Forensic Examination of Questioned Document Materials WANG Cong-hui(Forensic Science Centre;Ministry of Public Security;Beijing 000;China) 2009(3): 43-45.  Abstract ( )   With the development of science and technology and the progress of society, new areas are explored and new attributes are added to questioned document examination.Questioned document examination involves a wide content range and the examination of materials is an important component part. Related Articles | Metrics

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On the Procedure Standards for Forensic Document Examination YANG Xu(Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2009(3): 46-50+5.  Abstract ( )   After analysis of the whole process of forensic documents examination, the standards of the procedures are pounded, including the acceptance procedure, examination procedure, sample circulation procedure, report procedure, recording procedure, filing procedure and court testimony procedure.It is hoped that our work could be helpful in standardizing forensic documents examination in our country. Related Articles | Metrics

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On the Standards for Forensic Examination of Printed Documents SHI Shao-pei(Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2009(3): 51-54.  Abstract ( )   Based on the analysis of printing techniques, printing equipment, document styles, examination approaches and examination requests, the structure and contents of the standard system for examination of printed documents are proposed.Issues related to establishing the standards are discussed. Related Articles | Metrics

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On the Standards for Forensic Examination of Document Materials XU Che(Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2009(3): 55-58.  Abstract ( )   The functions of material analysis in forensic documents examianton are introduced , and the characteriestics of analysis techniques are discussed.On the basis of the above work, the framework and constituting elements of the standards for forensic examinaton of document materials are proposed. Related Articles | Metrics

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On the Standard for Forensic Examination of Fingerprints on Questioned Documents QIAN Huang-gui(Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2009(3): 59-60+6.  Abstract ( )   The purpose of establishing the standard for forensic examination of fingerprints on questioned documents is to regulate the examination activities.By reviewing the present standardization situation of fingerprints identification in our country, and in combination of the practice of fingerprints identificaiton, the author discussed the main contents that the standard should include.It is hoped that the work could provide reference for drafing of the standard. Related Articles | Metrics

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Forensic Examination of Facsimile Documents and Discussion on Its Standard BIAN Xin-wei(Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2009(3): 61-64.  Abstract ( )   A systematic study on the examination of facsimile documents was conducted on the basis of the analysis of the working principles and functions of fax machines, and the producing mechanisms of printed traces.The characteristic of facsimile documents and key points for the examination are summarized.The necessity and feasibility of establishing examination standards are also discussed. Related Articles | Metrics

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Analysis and Prospect of Science and Technology Demands in Forensic Science HE Yong(Bureau of Judicial Expertise Administration;Ministry of Justice;BeiJing 000;China) 2009(3): 65-69.  Abstract ( )   Forensic science is dual natured with science and law.It plays an important role in the judicial fairness assurance, the social justice and fairness maintaining, and the harmony society building.The current science and technology development situation of foreusic science can't meet the demands of forensic science development and society progress.Focused on the main issues of forensic science and technology development, this article reflects on the current situation, the demands, the practicability, the target and the significance of forensic science and comes up with corresponding suggestions. Related Articles | Metrics

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The Technical Support of Forensic Accounting to Legal Supervision——Discussion on the Sustainable Development of Forensic Accounting in Procuratorial Organs YANG Wei-zhong(People's Procuratorate of Yangpu District;Shanghai 0000;China) 2009(3): 70-74.  Abstract ( )   In the View of Scientific Outlook, simply satisfying with auditing is the major restriction to the development of foren-sic accounting in procuratorial organs.At present, the appraisal is the developing orientation for forensic accounting;the stricter requirement for accounting evidence is the developing trend asked by the litigation system;and the legal supervision is the duty of procuratorial organs.In order to realize sustainable development of forensic accounting and provide technical support to legal supervision, it's necessary to follow the developing orientation of forensic accounting, the developing trend of the litigation system and the target of strengthening legal supervision.Based on this, we must emphasize the theoretical research and operational standard of forensic accounting appraisal, and establish a corresponding system to realize it. Related Articles | Metrics

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The Significance of SCI Articles in Forensic Science Research HE Xiao-dan;WU He-jian;SHEN Min(Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2009(3): 75-78.  Abstract ( )   The quantity of SCI articles is an important evaluation index for academic achievement, national basic research level and science and technology strength in international science communities.Since 1980, SCI has been widely adopted to evaluate the scientific research level in China.Considering the current situation of SCI articles in forensic science, the author discusses the leading functions of SCI in scientific research and the active roles in discipline innovation. Related Articles | Metrics

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Two Methods for Identifying the Origin of Trojan Code HUANG Bu-gen;HUANG Zheng;ZHAO Bing(.Department of Forensic Science;Jiangsu Police Institute;Nanjing 00;China;.Department of Network Security;Nanjing Municipal Public Security Bureau;Nanjing 000;China) 2009(3): 79-82.  Abstract ( )   After analyzing the characteristics of Trojan source code, two methods for identifying the Trojan objective code are proposed.One is based on the algorithm for calculating the machine code and the register code, and the other is based on the storing method of the receiver address and the encryption algorithm and parameters.The two methods are objective and efficient. Related Articles | Metrics

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Application of STR and SRY Techniques in Analyzing the Sex Reversal Syndrome Patient LIN Yuan;LI Cheng-tao(Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2009(3): 83-85.  Abstract ( )   Objective To confirm a boy's gender character whose genotype of Amelogenin locus was"X,X".Methods Samples of the boy and his father were analyzed by PCR at both SRY gene and STR loci on autosome and Y,X chromosome.Results The boy's gender was confirmed as"X,X"by the detection results of Amelogenin, Y-STRs and X-STRs.Conclusion The boy suffered from"46, XX"sex reversal syndrome. Related Articles | Metrics

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Forensic Expertise of Disability Degree and Rest,Nursing and Nutrition Period of Cervical Vertebra Injury-Report of 64 Cases LU Xiao;GAO Dong;WAN Lei;YING Chong-liang(.Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China;.Medical College of Soochow University;Suzhou;China) 2009(3): 86-88.  Abstract ( )   Objective To discuss the forensic expertise of disability degree and rest,nursing and nutrition period of cervical vertebra injury caused by traffic accidents and to investigate the forensic expertise of the causal relationship between the cervical injury, intrinsical disease and the harmful consequence.Methods To collect 64 forensic expertise cases involving cervical ver-tebra injury and to analyze the relative data.Then to consult traffic police the disposal consequence of those cases involve in the causal relationship expertise and to know about the consent degree of both sides concerned.Results With the recognition of the intrinsical disease in cervical vertebra injury cases, more and more cases were involved in the causal relationship expertise.Those cases accepted by our institution were expertised according to the causal relationship theory and the results were satisfied by both sides concerned.Conclusion In the forensic expertise of disability degree and the three periods of cervical vertebra injury,different injury mechanism may result in different harmful consequence, so the intrinsical disease should be considered. Related Articles | Metrics

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The Custody Treatment of Mentally Disordered Offenders in Typical Cases ZHANG Qin-ting;TANG Tao(Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2009(3): 89-91+9.  Abstract ( )   Chinese forensic psychiatric professionals are familiar with the typical criminal responsibility-related cases, such as the wild beast test, the delusion test, the irresistible impulse test and the M'Naghten rules, but they may not know the disposition of mentally disordered offenders in those typical cases.In the paper, the final disposition of those mentally disordered offenders was introduced, and the rules about custody treatment were discussed by reviewing the related researches. Related Articles | Metrics

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Characteristics of Alcoholic Handwriting and Its Examination TANG Yi-lin(Department of Economic Crime Investigation;Shanghai Public Security Bureau;Shanghai 000;China) 2009(3): 92-93+1.  Abstract ( )   It is a common practice to discuss commercial and private affairs on dinner table and sign documents as contracts and receipts while half awake and half drunk.Disputes are often raised afterwards with one side forgetting the signing.Therefore, examination of alcoholic handwriting has become a frequently encountered issue nowadays.In the paper, the characteristics of alcoholic handwriting are analyzed and the key points for examination of alcoholic handwriting are discussed. Related Articles | Metrics

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Application of Percutaneous Puncture Gas-iodine Contrast CT in Forensic Expertise of Shoulder Joint Injury ZHANG Chang-yin;ZHANG Wu;HU Yong-liang;ZHU Jian-hua;WANG Jian-wen(.Chizhou Qiucheng Forensic Judicial Appraisal Institute;Chizhou 000;China;.Forensic Expertise Center;Wannan Medical College;Wuhu 00;China;.The Second People's Hospital 2009(3): 94-96.  Abstract ( )   Objective To investigate the value of percutaneous puncture gas-iodine contrast CT in forensic expertise of shoulder joint injury.Methods The wounded capsula articularis humeri of ten persons were percutaneously punctured with diluent Omnipaque and sufficient filtered air, following the CT guidance.Then the shoulder joint was scanned successively with the computed tomography machine and the axial view and quasi coronal view were rebuilt with scanning data.Results All ten persons didn't have obviously uncomfortable complaint.The percutaneous puncture gas-iodine contrast CT can show the capsula articularis humeri injury of different extent.Conclusion The percutaneous puncture gas-iodine contrast CT is helpful to diagnose the shoulder joint injury and can provide important imaging reference for the forensic expertise. Related Articles | Metrics