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2008 Issue 5 (Total No. 38)
Published: 15 September 2008 Previous Issue    Next Issue
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On the Litigation procedure of Implementation of Judicial Expertise FAN Chong-yi;GUO Jin-xia (China University of Political Science and Law;Beijing 000;China) 2008(5): 20-24.  Abstract ( )   Implementation of judicial expertise is the process and activity in which experts act according to objective rules of identification. The litigation procedure of implementation of judicial expertise is both related to fairness of judicial expertise and realization of litigants’ rights. Therefore, to exert the function of legal procedure for achieving standardization and scientificity of judicial expertise is significant to make judicial expertise fair, scientific and reliable. Related Articles | Metrics

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Review and Evaluation of the Research of Judicial Expertise Theories over the Past Three Decades Guo Hua ( Law School;Central University of Finance and Economy;Beijing;000;China) 2008(5): 25-30.  Abstract ( )   Since officially finding its way into law in 1989, judicial expertise has gone through 30 years of development. It has developed from the microscopic "department work" to the state's macroscopic construction of a legal system, its discipline and the academic status being no longer the dependency of the others, which symbolize the establishment of the judicial expertise and the maturity of its theory. Therefore, it is necessary to review, systematize and evaluate it for further development. Related Articles | Metrics

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Overview of the Mechanism of Cross-Examination of Appraisal Conclusions SUN Jian-ming;ZOU Ji-chao;ZHANG Qi (. East China University of Political Science and Law;Shanghai 000;. People’s Procuratorate of Huangpu District;Shanghai 0000;China) 2008(5): 31-35.  Abstract ( )   At present, there are a large number of problems in China's judicial expertise and the cross-examination of appraisal conclusions, which gives rise to a relatively advantageous position for the prosecutor in the cross-examination of appraisal conclusions. Since the cross-examination is the device to assure reliability of appraisal conclusions, it is essential to perfect the mechanism of the cross-examination of appraisal conclusions. And the Code of Criminal Procedure tends to reform the cross-examination of appraisal conclusions substantively. Under such circumstances, with the prosecutors’ dominant position called "easily cross-examine" challenged, prosecutors have to attach much importance to the new mode of cross-examination. Related Articles | Metrics

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Research on the Application of Spectral Imaging in Sequencing Writing and Stamp Impressions BAO Ren;ZHANG Cong-xi (.China Criminal Police University;Shenyang 00;China;. Beijing Public Security Bureau;Beijing 000;China) 2008(5): 36-38.  Abstract ( )   Due to infiltration effect, it is a hard task to sequence photosensitive stamp impressions and signature pen writing. Spectral imaging can be used to determine the sequence by comparing the location of reflection curves of overlapping parts, photosensitive seal ink and signature pen ink. Related Articles | Metrics

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Experimental Studies on Mobile Phone Voice SHI Shao-pei;YANG Xu;CHEN xiao-hong;BIAN Xin-wei;XI Jian-hua;XU Che;SUN Wei-long;QIAN Huang-gui (Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2008(5): 39-44.  Abstract ( )   Mobile phone voice has become a popular form of voice encountered in forensic voice identification. In the study, voice characteristics of different mobile phone communication networks, different mobile phone communication connections and different mobile phones were investigated. It was found that compared with direct recording, mobile phone voice changes in high and low frequency information, formant frequency, voice quality and speech rhythm. It was also found that voice changes are different for different communication conditions. The influence of mobile phone communication on forensic voice identification was discussed. Related Articles | Metrics

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Recent Development of Forensic Analytical Toxicology XIANG Ping;ZHUO Xiang-yi;SHEN Min (Shanghai Key Laboratory of Forensic Medicine;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2008(5): 45-51.  Abstract ( )   Over the last 10 years, forensic analytical toxicology has made significant progress. In this paper, we review the recent trends in the choice of biological samples, sample preparation, analytical techniques, analytical method, analytes, result interpretation, quality control and quality assurance, purposing to provide a reference for relevant research members. Related Articles | Metrics

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Application of Photoluminescence in Fingerprints Development ZHAO Ke;WANG Yuan-feng;YANG Rui-qin (Chinese People’s Public Security University;Beijing 000;China) 2008(5): 52-56.  Abstract ( )   The study situation of latent fingerprints development and enhancement by photoluminescence is reviewed; its principles, approaches and practical applications are summarized; and its progress trend is predicted. The development sensitivity of latent fingerprints can be enhanced by photoluminescence, resulting in a good contrast between fingerprints and substrate. Related Articles | Metrics

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Study on the Dressing Evidence in Traffic Accidents XIA Xiao-ling;LIU Wei-ping (. Hunan Higher Education School of Public Security;Changsha 0;China;. Institute of Forensic Science;Ministry of Public Security;Beijing 000;China) 2008(5): 57-59.  Abstract ( )   Dressing evidence is an important component part of human evidence in traffic accidents. Investigation of dressing evidence can play a crucial role in identifying vehicles that cause the accident and determining accident responsibilities. Related Articles | Metrics

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Assessment of Medical Malpractice WU Zhi-min ( Guangfu Forensic Science Institute;Jinhua 000;China) 2008(5): 60-62+8.  Abstract ( )   The assessment of medical malpractice is a kind of important evidence to deal with medical tangles for judicial departments. The identification of medical malpractice is realized by technical assessment. At present, it is necessary to improve the assessment techniques in order to satisfy the practical need. Related Articles | Metrics

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Injury Features in Road Traffic Accidents and the Influential Factors XU Dai-hua;YU song;LI Zhi-hong (.Guangdong Nantian Expert Testimony Firm;Shenzhen 0;China;. Traffic Deparment of Shenzhen Public Security Bureau;Shenzhen 00;China) 2008(5): 63-66.  Abstract ( )   Objective To analyze epidemiological characteristics of road traffic accidents injuries in order to provide a scientific base for traffic accident prevention. Methods A retrospective analysis was made to 5100 road traffic accident injury cases from July 2004 to December 2007 in Shenzhen. Detailed statistics include gender, age, transportation mode, region, time, injury part and injury pattern. Result Among the injured, male to female rate is 2.15:1; youth and middle age is the largest victim group (90.3%). Bicyclists and pedestrians account for 57.9%. Different age groups, different genders and different regions relate to different results, depending greatly on transportation ways. In terms of injured parts, lower limb injuries rank the first, cranium cerebrum the second, but heavy injuries mainly occure in head and vertebral column. Conclusion Different approaches and measures of prevention should be taken with regard to different age group, different regions, different transport modes and different times. Related Articles | Metrics

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Double Contrast CT Diagnosis in Forensic Medicine ZHANG Wu;ZHU Jian-hua;HU Yong-liang;WANG Jian-wen (Department of Forensic Pathology;Wannan Medical College;Wuhu 000;China) 2008(5): 67-68.  Abstract ( )   Objective To study the application of double contrast CT anthrography in forensic medicine. Methods With the guide of CT scan, anterior anthrocentesis was performed to a patient’s right shoulder; then diluted Omnipaque and filtrated air was injected into the joint respectively; and the patient was examined by CT. Results The patient has no sign of discomfort after CT examination. The result of double contrast CT show that the injury was Ⅲ degree. Conclusion Double contrast CT anthrography can provide important X-ray information for both the diagnosis of shoulder joint injuries and forensic medical conclusions. Related Articles | Metrics

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The Importance of Quantitative Drug Analysis in Sentencing Discretion of Drug-Related Cases CHU Jian-xin;BAO Chao-sheng (The People’s Procuratorate of Zhejiang Province;Hangzhou 00;China ) 2008(5): 69-70.  Abstract ( )   The amount and content of drug is a very important factor in evaluating criminal degrees in drug-related cases, and so, is a decisive basis for sentencing discretion. Correct determination of the amount and content relates to the judgment of criminal intentions and decides the sentence of suspects. At present, many drug-related cases (particularly the possible penalty is above 15 years) are handled with lack of quantitative drug analysis. This affects the correct verdict of cases. The importance of quantitative drug analysis is discussed in terms of law and fair justice. Related Articles | Metrics

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The Acceptance and Expertise of Judicial Accounting Cases of Adjusting Capital Account——Analysis of the Suit between Xinhua and GE Shareholders QI Qun (East China University of Politics and Law;Shanghai 000;China) 2008(5): 71-73.  Abstract ( )   Judicial accounting is a new field developed from accounting in the 21st century. It is a frontier branch of science combining accounting and law. As one of judicial accounting activities, judicial accounting expertise mainly refers to the evaluation of special accounting topics by judicial accounting experts. In accordance with the spirit of accounting standards, the subjects of corporate capital are not allowed to change by the non-statutory revaluation. At present, only the changes in property rights get the legal recognition of adjusting accounting revaluation. Problems arise whether the capital accounting adjustment of Xinhua power station company in 1995 attributes to the changes in property rights or just a special case from the government support; whether the utility company has the right to breach the spirit of accounting standards to adjust the company accounts once again after 10 years. The above-mentioned problems not only relate to the understanding of accounting standards and legal issues, but also involve the distribution of existing shareholders, the country's tax revenue and the disorderly changes of corporate accounting subjects. So the legitimacy identification of the power station's significant accounting adjustment is the key to solve the shareholders’ conflict and disputes in 1995. Related Articles | Metrics

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Legal Thinking about Forensic Accounting Rules LIU Qiu-ling (The People’s Procuratorate of Jining City;Jining 00;China) 2008(5): 74-77.  Abstract ( )   As a kind of legal evidence, the process of forensic accounting must have the property of rationality of law, and this refers to the due process of forensic accounting. Forensic accounting rules include three levels of meanings, that is, the philosophy, principle and individual patterns of forensic accounting. Related Articles | Metrics