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2009 Issue 01 (Total No. )
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Reflections on Promoting the Scientific Development in Forensic Expertise HUO Xian-dan(Forensic Expertise Administration Bureau;Ministry of Justice;Beijing 0000;China) 2009(01): 1-5.  Abstract ( )   The Scientific Outlook on Development, a great theoretical achievement of Marxism, is a scientific summary of the development and experience in human society and can be served as a significant guideline in the economic, political, cultural and social activities in China. To realize the scientific development of forensic expertise course, we must study and carry out the Scientific Outlook on Development, keep an open mind and strive for innovation. At present, the forensic expertise work is still at the initiate stage. The unified management is the basic goal and legal bottom line of the system reform. We should emphasize, according to law, the national level management, public supervision and administrative registration; correctly deal with the relationship between the part and the whole; and build and perfect a unified forensic expertise management system, to facilitate judicial fairness by forensic expertise work. Related Articles | Metrics

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On Improving the Authority of Forensic Conclusions-In the View of Criminal Proceedings HU Xi-qing;XIAO Yu;CHEN Bang-da (. East China University of Political Science and Law;Shanghai 000;. CPC School of Xuhui District;Shanghai 000;China;. Institute of Forensic Science;Ministry of Justice;P.R.China;Shanghai 000;China 2009(01): 6-12.  Abstract ( )   Since the implementation of "the Decision on the Management of Forensic Expertise by the Standing Committee of the National People's Congress", many new situations and problems have appeared, one of which is the challenge to the authority of forensic conclusions. In the view of criminal proceedings, in order to improve the authority of forensic conclusions, following issues should be emphasized: first, improvement of the admittance system; second, establishment of the scientific appraisal procedure; third, improvement of the administrative management system; last, establishment of the cross-examination system for forensic conclusions. Related Articles | Metrics

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On the Administrative Registration of Forensic Science Institutions and Practitioners Affiliated to Investigatory Organs GUO Hua (Law School;Central University of Finance and Economy;Beijing 000;China) 2009(01): 13-16+5.  Abstract ( )   The special issue for administrative registration of forensic science institutions and practitioners within investigatory organs is beyond the formulary ruled by law. There lacks legal and proper reasons. Facing the reality, the administrative departments for forensic expertise affairs should strictly manage the formality of the aforementioned registration and complete the responsibility system, in which way the influence of respective registration on the unified forensic expertise management system can be eliminated. Related Articles | Metrics

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On the Civil Liability for the Consequence of Wrong Forensic Conclusions ZHAO Jie (Law School of Nanjing Normal University;Nanjing 00;China) 2009(01): 17-21.  Abstract ( )   It is impossible for forensic conclusions to have absolute accuracy. Once a conclusion is wrong, there should be someone to undertake the legal liability for the consequence. The civil liability of wrong forensic conclusions overlaps with the breach of contract liability, tort liability and expert responsibility. No matter which way we choose to deal with it, we need to make suitable adjustment to the existing law. It is necessary to determine who should bear the wrong conclusion liability, and make rules for interested parties and principles for bearing liabilities, and evaluate the degree of fault on the "wrong doer". Related Articles | Metrics

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Analysis of Organic Explosives by Triple Quadrupole GC/MS ZHANG Cheng-gong;XIA Pan (Forensic Science Institute of Shanghai Public Security Bureau;Shanghai 000;China) 2009(01): 22-25.  Abstract ( )   Six organic explosives were analyzed by five different methods of EI、PCI、NCI、EI/MS-MS and NCI/MS-MS using triple quadrupole GC/MS. With comparison of the detection limits, a technique for forensic examination of organic explosives was established. Related Articles | Metrics

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Identification of Trace Evidence and Expression of Conclusions in Judicial Proceedings ZHENG Xiao-chun(Zhejiang Police College;Hangzhou;00;China) 2009(01): 26-30.  Abstract ( )   Trace evidence identification belongs to judicial activity, and its conclusions, especially the identifying conclusions, have great value in judicial proceedings. Sometimes the conclusions are the major or the only evidence to determine the fact of a case. But in practice, two phenomena exist. One is that individual identifying conclusions are given when only class identifying conclusions are proper, the other vice versa. In the first situation, the conclusion may mislead judges and be accepted as evidence in determining the verdict. In the second situation, the value of identification may be reduced. It is concluded that only when the rule of trace evidence identification is well known and the information in trace evidence is thoroughly deplored, can the identifying conclusions play the full role in judicial proceedings. Related Articles | Metrics

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The Authenticity and Integrity of Forensic Accounting Materials XU Wei-an (People's Procuratorate of Shenzhen;Shenzhen 00;China) 2009(01): 31-36.  Abstract ( )   Accounting data is the major part of forensic accounting appraisal materials; and the approach that is applied in the recognition of its authenticity and integrity differs greatly from that in other appraisals. The approach should be connected closely with the inherent features of the accounting data. Considering the features of forensic accounting appraisal and accounting data, the approach of identifying the authenticity and integrity of forensic accounting materials is discussed. Related Articles | Metrics

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Forensic Accounting Does Not Equal Forensic Accounting Appraisal Several Misled Concepts in the Proof of Accounting Facts Related to Cases YANG Wei-zhong (People's Procuratorate of Yangpu District;Shanghai 0000;China) 2009(01): 37-39.  Abstract ( )   "Forensic accounting is forensic accounting appraisal", "The main function of forensic accounting appraisal is to find out accounting facts relating to a case", "The carrier of forensic accounting objects is the financial accountancy data", "As long as the proving activities relate to accounting facts of a case, they are forensic accounting appraisals", "The more objective the forensic accounting appraisal is, the better it will be, and one should only say what one sees". These are all the misled concepts about the proof of accounting facts related to cases. These views go against professional means playing their roles, weaken the probative force of professional means, and influence the efficiency of legal actions. Related Articles | Metrics

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Issues Worth Noticing in Forensic Accounting Appraisal GUO Wei-jun (People's Procuratorate in Inner Mongolia Autonomous Region;Hohhot 000;China) 2009(01): 40-43.  Abstract ( )   Forensic accounting appraisal has obtained great achievements for the past 20 years in China. However, there exist some problems that influenced its further development due to lack of unified professional standards. According to the long term practice and theoretical reflection, this article comes up with several issues to be noticed in the process of case acceptance, assessment and report making. All the issues are based on the current situation in forensic accounting service with a view to assist the healthy development of forensic accounting appraisal. Related Articles | Metrics

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Some Pressing Problems in Current Forensic Accounting Appraisal Practice CHEN Xu-dong (Accounting Institute of Yunnan University of Finance and Economics;Kunming 0;China) 2009(01): 44-46.  Abstract ( )   With the rapid economic development in recent years, demands for forensic accounting appraisal increase greatly and many social institutions of forensic accounting appraisal are involved in various legal actions. However, due to the imperfectness of forensic accounting appraisal, erroneous judgment of economic crimes often happen, affecting the impartiality and seriousness of justice. In the paper, issues of the standard, appraisal procedure, accounting materials, qualification and responsibility in practice are discussed. Related Articles | Metrics

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Share Transfer of Defective Investment A Forensic Accounting Appraisal YU You-da;WANG Ye-ke (. Zhejiang Weining Forensic Accounting Office;Hangzhou 00;China;. Zhejiang Sci-Tech University;Hangzhou 00;China) 2009(01): 47-49.  Abstract ( )   In judicial practice, problems of share transfer caused by defective investment are encountered frequently, and many involve disputes about the bearing of responsibilities. This paper, based on the analysis of a real case in Zhejiang province, discusses issues relating to forensic accounting appraisal and responsibility burden of share transfer of defective investment. Related Articles | Metrics

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The Application of Independence to the Risk Control in Forensic Accounting Appraisal CHEN Chun-rong (East China University of Political Science and Law;Shanghai 000;China) 2009(01): 50-53.  Abstract ( )   With the progress of economic freedom, the role that forensic accounting, especially forensic accounting appraisal plays becomes more and more important in economic disputes and legal actions, and this requires forensic accounting appraisal to operate on a more standardized and programmed basis. In the paper, the application of independence to the risk control in forensic accounting appraisal is discussed. Related Articles | Metrics

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The Evidential Value of Footstep Identification Conclusions in Criminal Investigation GAO Yi (China Criminal Police College;Shenyang 00;China) 2009(01): 54-56+6.  Abstract ( )   The evidential value of footstep identification conclusions in the stage of criminal investigation is discussed. After the review of different views, it is proposed that the conclusions acquired by different methods and for different types of footsteps have different evidence values for criminal investigation and criminal trials. It is hoped that our opinion could serve for reference judicial organizations in evaluating footstep identification conclusions. Related Articles | Metrics

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Emergency Methods for Electronic evidence fixing YU Wen-liang;LI Zheng-xiang;WANG Yue-cong (. Shenzhen Public Security Bureau;Shenzhen 00;. Fujian ZhongZheng Judical Identification Center;Xiamen 00;China) 2009(01): 57-60.  Abstract ( )   Electronic evidence fixing is the first step of forensic examination of electronic data, and is also the basis of all the subsequent examination. The validity of forensic examination conclusions depend greatly on the scientificity, normativeness, legalization and integrity of electronic evidence fixing. In the paper, standard methods that use special equipment and software for electronic evidence fixing is introduced, and emergency methods that can be applied in case of lack of special equipment is presented. Related Articles | Metrics

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The Value of Characteristics of Imitated Handwriting by Practice and the Requirements for Its Identification YANG Jian-guo (Law School of Renmin University of China;Beijing 00;China) 2009(01): 61-64.  Abstract ( )   The imitated handwriting after practice is frequently encountered in QDE and its identification is a difficult task for examiners. In the paper, the characteristics of imitated handwriting by practice are analyzed; their values are weighted; and the key points for identification are summarized. It is hoped that the results could be used for reference in handwriting identification. Related Articles | Metrics

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Forensic Medical Consideration about Medical Disputes LI Rong;WANG Jian-wen (Department of Forensic Medicine;Nanjing Medical University;Nanjing 00;China) 2009(01): 65-67.  Abstract ( )   There exist conflicts in laws and regulations concerning the settlement of medical disputes, and this creates conditions for the existence of the multi-system and multi-level uncoordinated appraisal structure. The scope of medical malpractice stipulated by Rules and Regulations for the Treatment of Medical Malpractice is too narrow to satisfy the requirement of civil proceedings. To avoid administrative punishment, some medical institutions give up technical appraisal of medical negligence, and enter instead medicolegal expertise of medical treatment mistakes. There are defects in the system of technical appraisal for medical negligence; at the same time, there also exist problems of one sidedness and limitation in the system of medicolegal expertise. It is proposed that a unified appraisal system of medical impairment compensation be established to provide suitable service in civil trials and avail the treatment of medical disputes. Related Articles | Metrics