Archive

2007 Issue 5 (Total No. 32)
Published: 15 September 2007 Previous Issue    Next Issue
---
论文


For Selected:

Download Citations EndNote Ris BibTeX

Toggle Thumbnails

论文

Select

On the Administrative System of Forensic Practitioners ZHOU Wei;CAI Guo-qin(School of Law;Shanghai Jiaotong University;Shanghai 000;China) 2007(5): 1-6.  Abstract ( )   Enforcement of "The Decision" on Administration of forensic practioners by the Standing Committee,National People's Congress,regulations on administration of forensic science providers forensic practioners by the Supreme People's Procuratorator,Ministry of Public Security and Ministry of Justice has basically realized normalized administration of forensic practioners.However,the system is far from perfect and some aspects are required further study.This paper analyzes seven problems,such as limitation of legal qualification of appraiser,appraiser's liability and,etc.,which might help a clarified understanding of the present appraiser system. Related Articles | Metrics

Select

Discussion on Judicial Evaluation in Criminal Cases involving Intellectual Property Right ZHOU Jian-zhong;ZOU Ji-chao;ZHAO Dan(People's Procuratorate of Huangpu District of Shanghai;Shanghai 0000;China) 2007(5): 7-9.  Abstract ( )   There are many unresolved issues in judicial evaluation in criminal cases involving intellectual property right.These problems not only hinders the smooth conduction of litigation,but some also go against the basic principles of judicial evaluation.From the long term view,in criminal cases involving intellectual property rights,many judicial evaluation issues are better resolved through expert witnesses. Related Articles | Metrics

Select

Basic Features of Science Evidence——Discussion also on Examinations of Opinion of Forensic Science Evaluation ZHU Guang-you(Institute of Forensic Sciences;Ministry of Justice;Shanghai;000;China) 2007(5): 10-13.  Abstract ( )   This article discusses the basic features that science evidence should have to in order to help judges to better understand the nature of judicial evaluation,the way to examine the opinions(conclusion)of forensic science evaluation,and the requirements for accepting the opinions(conclusion)of forensic science evaluation.For evaluators it is the precondition for them to correctly understand the basic features of opinions(conclusion)of forensic science evaluation in order for the opinions to be accepted as science evidence. Related Articles | Metrics

Select

Study on the Aid System of Forensic Authentication ZHANG Tao;CHEN Shi-guo(.People's Court of Zhangdian District of Shandong Province;Shandong 0;.School of People's Police of Zibo City Shandong 0;China) 2007(5): 14-17.  Abstract ( )   As one of the major statutory evidences required by all three procedure laws,forensic examination conclusion is crucial in the litigation process.After the Resolution by the Standing Committee of the National People's Congress on the management of forensic authentication has taken effect,it becomes urgent to provide forensic authentication aid to the social vulnerable groups.Discussions in the basic concepts,principles and fundamental theories of forensic authentication aid were made in this study.Preliminary thoughts and suggestions on the aid system of forensic authentication were also given,which may bring up helpful information for the reform of China's forensic authentication system. Related Articles | Metrics

Select

Kinship Analysis of Grandparents and Grandchild with STR on Euchromosome LIU Yan;ZHAO Zhen-Min;LI Li(Institute of forensic sciences;ministry of justice;ShangHai 000;China) 2007(5): 18-21.  Abstract ( )   Objective To generalize a easy likelihood ratio(LR)numeration for kinship analysis of grandparents and grandchild when the alleged father or mother's genotype were not available.Methods Based on the principle of genetics,definition of paternity index and theory of probability,three expressions for kinship analysis of grandparents and grandchild were induced,and with which the LRs of STR loci in both a real pedigree of five members and a civil case were calculated and analyzed.Results The induced three expressions were suitable for the LRs calculation of all kinds of genotype permutation and combination of grandparents and grandchild.In addition,the involved probability of obliged gene at each STR locus inherited from grandparents could be simply derived from the percentage of the obliged gene in grandparents four alleles.It was shown that the LRs calculated in motherless cases is much smaller than that in mother-involved cases.Conclusion The method was quite suitable for calculation of LRs between grandparents and grandchild.In motherless cases,it is suggested that more STR locus should be analyzed. Related Articles | Metrics

Select

Quality Management System for Forensic Science Body SHEN Min(Institute of Forensic Sciences;Ministry of Justice;Shanghai 000;China) 2007(5): 22-26.  Abstract ( )   Based on the general principles of international quality management and quality control,this article,combining the administrative regulations of forensic science and the unique professiond techniques involved,presents a comprehensive analysis of the technology and management requirements of controlling the quality of forensic science.Topics in this article,namely,organization and management,resource guarantee;process control and continual improvement,shows the basic framework and contents of quality management standards in forensic science body. Related Articles | Metrics

Select

Discussion on Constructing the Expert Witness System in Criminal Prosecution GAO Fei(People's procuratorator of Minhang District Shanghai 000;China) 2007(5): 27-30.  Abstract ( )   The Expert witness system is the legal system mainly in the Common Law,which can make up judges' lack of specialized knowledge and help courts to verify the specialized questions in a case.Expert witnesses have playad a role in our country's civil action,but in criminal prosecution it is a blind spot.This can not meet the need of the development of criminal justice.We should introduce the expert witnesses have playad a criminal prosecution and this would be a valuabl experiment. Related Articles | Metrics

Select

Ravelment of Law and Medicine——An Issue Concerning Eevidence Rrecognition from a Case of Hepatitis C Caused by Blood Filtering Transfusion ZHOU An-ping;(Law School;Nanjing University;Nanjng 00;China) 2007(5): 31-33.  Abstract ( )   Hepatitis C is an infectious blood gtransfusion disease.A hospital is responsible for onus probandi on the causality of gtransfusion and infection.The reasons are as follows:Firstly,a hospital should be more careful than any other professions since its conduct is related with a person's life and health.Secondly,the conduct of a hospital is much more of technical nature and a hospital should have a complete master of materials and information.Consequently,if a hospital cannot prove the eligibility of the source of blood it should not enempt from the resposibi tities of causalities simply on the fact that another blood receiver is not infected.Therefore,the hospital should take the legal consequences of onus probandi inability. Related Articles | Metrics

Select

Evaluation for the Degree of Injuries and Related Legal Issues LIU Ji-hui(Department of Clinical Forensic Medicine;Faculty of Forensic Medicine;China Medical University;Shenyang 000;China) 2007(5): 34-35+3.  Abstract ( )   Evaluation for the degree of injury is a significant part of clinical forensic expertise.This article discussed,from the aspects of law and medicine,the issue of evaluation for the degree of injury in the following respects:basic principle,assessment of causal relations,timing,multitude parts injury and the relation between the degree of injury and law responsibility. Related Articles | Metrics

Select

A New View on Word Layout Characteristics of Chinese Characters——Research from the Aspect of Writing Movement System(WMS) JIA Zhi-hui(Criminal Investigation Law School;Southwest University of Political Science and Law;Chongqing 000;China) 2007(5): 36-39.  Abstract ( )   Word layout characteristics are the reflection of layout action deviating from normalized writing,and should be studied based on Writing Movement System(WMS).Word layout movement system itself has properties of relative independence,particularity and stability,and exhibits general and individual characteristics of corresponding handwriting.Exploring the scientific basis of word layout characteristics and their value in handwriting comparison by WMS is worthy for the improvement of scientific fundamental theory of handwriting identification and handwriting characteristic system. Related Articles | Metrics

Select

Sequencing of Tone Print and stamp impressions JIN Yi-hua;CHEN Xiao-hong(.Public Security Bureau of Shanghai;Shanghai 0000;Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2007(5): 40-42.  Abstract ( )   A case of sequencing of tone print and stamp impressions was introduced.In the process of examination,an experiment was conducted using laser printers and photocopiers.It was found that the print at the intersection is bright,wet and often has beadlike appearance when printing is first,while the print lookes the same at both the intersected and unintersected aeras when stamping is first. Related Articles | Metrics

Select

Identification of Disguised Request Handwriting Standards LI Xiao-nan(Post-graduate Department;Southwest University of Political Science and Law;Chongqing 000;China) 2007(5): 43-45.  Abstract ( )   The quality of handwriting standards is an important factor to the work of handwriting comparison.In the paper,the skill to identify disguised request handwriting standards and to collect satisfactory request handwriting standards is introduced. Related Articles | Metrics

Select

Comparison of Forensic Psychiatry Systems between China and America ZHANG Qin-ting(Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2007(5): 46-49.  Abstract ( )   People who apply professional knowledge and provide opinions on special issues in legal proceedings are called expert witnesses in Anglo-American law system,and assessors in continental law system.This paper discussed the differences of forensic psychiatry system between China and America in the aspects of the forensic administration system,forensic practitioner system,startup system and procedure system.Two special issues,i.e.ultimate issue and cross-examination of expert opinions,were also introduced. Related Articles | Metrics

Select

Discussion on Criminal Liability for Acute Intoxicated Persons HE Tian(Southwest University of Political Science and Law;Chongqing 000;China) 2007(5): 50-51+5.  Abstract ( )   Article 18 in Criminal Law stipulates that "drunken persons who commit crimes should found guilty".In late 1980's,the classification of complex drunkenness was introduced into China from Japan and the assessment standards for criminal responsibility for drunken persons were gradually relaxed in the field of forensic psychiatry.This seems contrary to the present criminal code.The paper,aiming at conforming to the present Criminal Law,discussed the forensic assessment of criminal responsibility for acute intoxicated persons from the view of both forensic techniques and Law. Related Articles | Metrics