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2009 Issue 2 (Total No. 43)
Published: 15 May 2009 Previous Issue    Next Issue
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Fill the Knowledge Gap by Improving the Procedure——On Dealing with Challenges Raised by Scientific Evidence XU Jing-cun;YAN Fei(Law School;Southwest University of Political Science and Law;Chongqing 000;China) 2009(2): 1-6.  Abstract ( )   Scientific evidence has raised challenges to criminal trial for a long time.The reason is that there is a gap between common sense and specialist knowledge.In order to guarantee the legitimacy of criminal trial,the two legal systems have dealt with the challenges by improvement of the procedure.Many problems existing in Chinese criminal procedure have affected the implementation of "the Decision on the Management of Forensic Expertise by the Standing Committee of the National People’s Congress".Therefore,it is necessary to reform the criminal procedure and to improve the expertise system. Related Articles | Metrics

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On the Improvement of the Initiation Procedure of Forensic Expertise in Criminal Procedings FENG Yu-ting(China University of Political Science and Law;Beijing 000;China) 2009(2): 7-10.  Abstract ( )   In order to improve the initiation procedure of forensic expertise,we should adhere to the principle of due process and the principle of balance between interests,that is,to keep a balance between finding the truth and ensuring the efficiency of procedure.While keeping the traditional initiation model in which the judge has the authority to initiate the procedure,rea-sonable conditions of initiation should be added so as to make the initiation procedure more professional,necessary and practi-cal.To be more specific,the judge should consider factors that would affect the admissibility of expert opinions before he initi-ates the procedure so as to prevent the delay of the procedure and waste of resources caused by the exclusion of expert opinions due to lack of admissibility. Related Articles | Metrics

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The Causes of the Difficulty in Starting Expertise on Criminal Responsibility WU Ji-kui(Law School of Peking University;Beijing 00;China) 2009(2): 11-15.  Abstract ( )   There is a fundamental attribution error in the analysis of the causes of the difficulty in starting expertise on criminal responsibility.In judicial practice,the combination of the tendency of pan-psychosis and the pan-no(or specified) criminal responsibility with the lack of related constrain measures on the application of the assessment on criminal responsibility makes the relavent judicial agency reluctant to start the assessment on criminal responsibility Related Articles | Metrics

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On the Legal Nature of Forensic Science Institutions Attached to Investigation Organs LIU Xiang-hong(Law Department;Fujian Institute of Law Administrators;Fuzhou;000;China) 2009(2): 16-21.  Abstract ( )   There are disputes over the nature of identification activities done by forensic science institutions attached to to investigation organs.By analyzing the legal nature of such activities,the author discusses the relationship between the institutions and the examinaers,and analyses the nature of the examiner responsibility system.The author also discusses the independence of the examiners and the withdraw system. Related Articles | Metrics

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Application of Environmental Impact Assessment for Ocean Engineering in Judicial Appraisal JIANG Yue-jin(South China Sea Environmental Monitoring Center;State Oceanic Administration;Guangzhou 000;China) 2009(2): 22-27.  Abstract ( )   To make sure the pollution origin,pollution range and pollution extent,the Sea Water Quality Standard,Fishery Water Quality Standard,Marine Sediment Quality and Marine Biological Quality were adopted to conduct a survey on water quality,sediment quality and biological quality on the spot to appraise if there was a causality between a lawsuit claim and an environmental impact resulted from an ocean engineering.The survey results showed that the pollutants in seawater,sediment as well as the toxin remains in marine organisms were not the efficient cause of a lot of blood clam(Tegillarca granosa) dying claimed by the civil liability lawsuit.The judicial appraisal concluded that partial waters surrounding the maritime project site was affected by sea mud emptied from the project construction,and that there was a causality between the project and some died blood clam,which had been cultured in the partial waters.The mariculture loss was evaluated on the basis of fishery loss counting model for water pollution accident. Related Articles | Metrics

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Gender Estimation by Chinese Tibiae XUE Ruo-bing;ZHANG Ji-zong;WANG Ying-yuan(.Shanxi No.0 Hospital;Taiyuan 0000;China;.Institute of Forensic Science Ministry of Public Security P.R.C.Beijing 000;China;.Department of Forensic Pathology;Shanxi Medical University;Taiyuan 0000;C 2009(2): 28-30+3.  Abstract ( )   Objective To establish functions for discriminating Chinese genders by tibia parameters.Methods 360 tibiae were collected from 180 known Chinese skeletons in 14 provinces(150 male and 30 female,aged 18 to 76).13 parameters were measured and analyzed by statistical software SPSS13.0.Independentsamples t test was made between left and right of tibiae of the same gender first,and then between male and female of the right tibiae.Data of right tibiae of male and female was sub-jected to Fisher discriminant analysis for constructing the gender discriminant function.Results There are 13 discriminating functions for the single measurement of tibiae.The correct rate is 66.7%~96.7%.The correct rate by discriminant functions in-cluding 13 measurements is 97.3% for the male and 93.3% for the female,respectively.Conclusions The gender discriminant functions are effective for Chinese gender discrimination by tibiae. Related Articles | Metrics

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Study on the Aged People’s Handwriting ZHANG Juan;ZHU Zhen-xue(.The People’s Procuratorate of Haishu District;Ningbo 0;China;.Gansu Political Science and Law Institute;Lanzhou 000;China) 2009(2): 31-37.  Abstract ( )   The knowledge about the characteristics and their changing rules of handwriting written by old people is very important for the identification of old people’s handwriting.On the basis of the mechanism of the formation of old people’s handwriting,and by statistical analysis of experiment results on old people’s handwriting,including longitudinal and latitudinal analysis and pathological analysis,the characteristics of old people’s handwriting are concluded. Related Articles | Metrics

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The Enlightenment of the American "President DNA Initiative" HUO Sai-hu(Department of Criminalistics;Zhejiang Police College;Hangzhou 00;China) 2009(2): 38-43.  Abstract ( )   Ever since its emergence 30 years ago,DNA test has been playing an increasingly important role in investigating crimes and safeguarding impartial justice.However,with the expanding of DNA test scope and the rising of crimes,problems that limit its evidential role come out gradually.Aiming at making effective use of DNA evidence and taking full advantage of DNA technique in cracking down crimes and protecting the innocent,America started the "President DNA Initiative" in 2004,which would take 5 years and 1 billion dollars.This landmark state strategic project is a comprehensive program of actions for American justice departments to apply and develop DNA technique.Accordingly,the progress in this program could provide valuable insight and reference to our better application and development of DNA technique at present and in the years to come. Related Articles | Metrics

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The Causes and Prevention of Disputes in Forensic Pathological Examination LEI Pu-ping;LI Zhen;QU Yong-qiang(Kunming Medical College;Kunming 00;China) 2009(2): 44-46.  Abstract ( )   At present,forensic pathology is playing a very important role in criminal cases,civil disputes and insurance settlements.With the experience of forensic pathology work,the author summarized the causes of disputes relating to forensic patho-logical examination.Considering the requirement of signing contracts before forensic examination,which is stipulated by article 15 in "The General Principle of the Judicial Expertise Procedure" newly issued by Ministry of Justice of People’s Republic of China,and taking for reference the informed consent in medical practice,the author put forward the strategy that works for pre-vention of disputes in forensic pathological examination. Related Articles | Metrics

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Study on the Mechanism of Peripheral Nerve Injury Caused by Anaesthesia ZHANG Feng-qin(Evidence Science Institute;China University of Political Science and Law;Beijing 000;China) 2009(2): 47-48.  Abstract ( )   Medical disputes resulted from peripheral never injury after anaesthesia are encountered frequently.In the paper,a retrospective study,based on the data of forensic examination of peripheral never injuries caused by anaesthesia,was carried out,mainly to analyze the function of the electrotherapeuty examination in forensic medical examination.The forming mecha-nism of peripheral nerve injuries caused by anaesthesia was discussed.It is hoped that the study could promote the standard-ization and theoretical research of such forensic medical examination. Related Articles | Metrics

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The Deductive Reasoning for Identification of Human Injury Degree CHEN Jun-hui;LIANG Zheng-hai;JIN Ji(Public Security Bureau of Wenling;Taizhou 00;China) 2009(2): 49-52+5.  Abstract ( )   Identification of human injury degree is subordinate to forensic clinic.It is the science that derives from legal needs and develops on the basis of medicine.It has strong characters of practicality and sociality,and functions for litigation,particu-larly criminal proceedings,by providing evidence in the form of forensic identification conclusions.In the identification of human injury degree,the abstract standard is designed from the perspective of the legal requirement,but used in examination of specific injuries.This determines that the common reasoning pattern is deductive. Related Articles | Metrics

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The Handwriting Written by a Hand without Index Finger FENG Jiang-tao(Public Security Bureau of Jinzhou;Panjin 00;China) 2009(2): 53-54.  Abstract ( )   A case of handwriting written by a hand without index finger is introduced.The writing mechanism,the effect on writing movement and the handwriting characters are investigated,and the key point for comparison for such writing is discussed. Related Articles | Metrics

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On the Language Characters of the Unity of Opposites in Forensic Examination Reports LIU Jian-hua(Public Security College;Zhongnan University of Economics and Law;Wuhan 00;China) 2009(2): 55-58.  Abstract ( )   As a kind of judicial documents,forensic examination reports should have the character of seriousness and impartiality;and at the same time,as a kind of documents similar to scientific reports,forensic examination reports should have the essence of scientificity and objectivity.At present,most discussions on forensic examination reports are focused on principle issues,few refer to wording requirements.In fact,as long as the four unity of opposites relationships between objectivity and impartiality,accuracy and obscurity,briefness and details,pertinence and relativity are dealt with reasonably,the "interpretation work" of forensic examination required by law could be performed properly,and the risk for forensic examiners could also be reduced. Related Articles | Metrics

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Forensic Accounting Appraisal and Its Cross Examination in Civil Lawsuits JIANG Tao-ting(East China University of Political Science and Law;Shanghai 000;China) 2009(2): 59-62.  Abstract ( )   Although forensic accounting appraisal is a kind of legal evidence form,it is not naturally granted the "authority";its proving capacity and power in civil cases is decided after cross examination in courts.From the point of view of civil proceedings,the issues concerning forensic accounting appraisal and its cross examination is discussed;the present situation and existed problems of the cross examination are analyzed;measures on improving the cross examination of forensic accounting appraisal is proposed. Related Articles | Metrics