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2007 Issue 3 (Total No. 30)
Published: 15 May 2007 Previous Issue    Next Issue
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The Validity of Appraisal Conclusions as Evidence CHEN Wei-dong LI Wei(China People's University School of Law;Beijng 00;China) 2007(3): 5-8+27.  Abstract ( )   The deve lopment of contemporary science and technology has caused the use of forensic appraisal in criminal cases. The co-existence of risk and importance of the forensic appraisal conclusion makes people seek for regulating the validity of appraisal as evidence. The common law system emphasizes reviewing the way evidence is obtained in determining the acceptability of expert evidence, while the civil law system stresses the control of appraisal conclusion by litigation procedure. On the basis of analyzing the different rules of the two legal systems regarding the validity of appraisal conclusions as evidence, this author proposes to improve the validity of appraisal conclusions as evidence in China by analyzing the qualification of experts, the relevance of the appraisal, the reliability of appraisal conclusions, the lawfulness of material used in the appraisal and the procedure of appraisal. Related Articles | Metrics

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The Burden of Proof and Compulsive Expert Identification: Research on Identification of "Mental Illness" GUO Hua (Law School of the Central University of Finance and Economics;Beijing 000;China) 2007(3): 9-13.  Abstract ( )   The restricted criminal responsibility came into being with the development of practice in criminal responsibility of mental illness from "either responsible or not" to co-existence of medial form in Anglo-American Legal System. At the same time, the distribution of burden of proof of mental illness has grown from absolute burden to relative burden for the prosecutor, achieving the distributed way of the burden of providing evidence on the accused defendant and the burden of persuasion on the prosecutor. We should construct a compulsive identification system on the base of reasonable assignment of burden of proof about mental illness. So that we can improve the reasonable distribution of burden of proof and ensure the due process. Related Articles | Metrics

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The Examination and Determination of Force of Forensic Appraisal Conclusions WANG Shi-fan(High People's Court of Gansu Province;Lanzhou 000;China) 2007(3): 14-18.  Abstract ( )   In litigation procedure, besides examining and determining the validity of evidence, the parties and trier of facts need to determine whether the evidence is objective and has related to the facts examined, that is, to determine the force of the evidence. This article analyses the relationship between validity of evidence and its force, the necessity to examine and determine the force of forensic appraisal conclusions from the aspect of litigation, by using evidence law, procedural law and theory of forensic science. Related Articles | Metrics

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Study on the Metabolism of Exogenous DHEA and Its Metabolites Level SHEN Min;XIANG Ping;SHEN Bao-hua;WANG Meng-ye;YAN Hui;(. Institute of Forensic Sciences;Ministry of Justice;Shanghai 000;China;. Forensic Medicine Department of Shanghai Medical College;Fudan University;Shanghai 00;China) 2007(3): 19-22.  Abstract ( )   Objective To observe the level of DHEA and its metabolites in urine from Chinese adults, and to evaluate the metabolism of DHEA in urine and its effects on the level of endogenous anabolic androgenic steroids. Methods Six healthy subjects' urine was collected at different time after administration of 120mg DHEA. The concentration of DHEA and its metabolites testosterone, epitestosteorne, androsterone and etiocholanolone in urine was measured by an improved LC-MS/MS method. Results The concentration of urinary testosterone was considerably lower in the volunteers than that in Chinese and foreign athletes. After oral administration of DHEA, DHEA and its major metabolites androsterone,etiocholanolone increased significantly in urine with peak levels at 3.9±0.6h, 3.4±0.9h and 3.6±0.9h, respectively, and then achieved normal after 12 hours. Conclusion The urine level of DHEA is an effective parameter in evaluating exogenous DHEA. Related Articles | Metrics

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Application of Reconstruction Technology in Forensic Identification of Traffic Accidents CHEN Yi-jiu;ZOU Dong-hua;LIU Ning-guo (. Institute of Forensic Sciences;Ministry of Justice;Shanghai 000;China;. Department of Forensic Medicine;Fudan University;Shanghai 000;China) 2007(3): 23-27.  Abstract ( )   Reconstruction of traffic accidents is an attracting but difficult area in the field of traffic safety research. Reconstruction technology can be used to reproduce the collision process and subsequent body movement in a traffic accident, which is of great value for forensic medical examiners to analyze the causes and features of body injuries. In the paper, we first introduced the current situation of forensic identification of traffic accidents in China; then reviewed the reconstruction techniques in collision experiments, dummy models and collision models; finally discuss the application potential of reconstruction technology in forensic identification of traffic accidents. Related Articles | Metrics

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Measurement of DNA Copy in Forensic Samples Using Real Time Quantitative PCR Technique LI Cheng-tao;LIN Yuan;LIU Yan;LI Li (Institute of Forensic Sciences;Ministry of Justice;Shanghai 000;China) 2007(3): 28-30.  Abstract ( )   The DNA copy of samples was detected by applying a real-time quantitative PCR assay with TaqMan Probe and SYBR Green. DNA was abstracted from variety of biological samples common in forensic science. Experiment results show that the real time quantitative PCR has great forensic application potential in the DNA copy quantification and evaluation of inhibiting factors of abstracted DNA. Related Articles | Metrics

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The Procedural Control over Conflicts of Appraisal Conclusions ZOU Ji-chao(The Procuratorate of Huangpu District;Shanghai;0000;China) 2007(3): 31-33.  Abstract ( )   The conflicts of appraisal conclusions refer to the differences, mutual opposites and exclusion, or interference of the conclusions. They influence the proper order of litigation in some respects. When we check on its mechanism, we come to realize that there exits a certain inevitability and it is a product with multi-factors. Therefore, we should take some procedural means to avoid the negative influence of the conflicts. When treating the conflicts of appraisal conclusions, we should apply some procedural rules and means to control. Related Articles | Metrics

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The Ability for Civil Litigation and Its Grading SUN Hui-yan;HUANG Fu-yin;CAI Wei-xiong;TANG Tao;LI Qian(. Medical School of Suzhou University Suzhou;China;. Institute of Forensic Science;Ministry of Justice Shanghai 000;China) 2007(3): 34-36.  Abstract ( )   Parties are major participants in civil litigations. When a court suspects that a person concerned is in abnormal mental state, considering if they are have main body qualification ,it may entrust evaluator of forensic psychiatric evaluation to evaluate and determine if the peron has civil litigation ability, in order to maintian the lawful interests of psychiatric patients and correlated parties . This article, when presenting the status quo of reseach on civil litigation ability, expounds its concept first, analyzes the difference between civil litigation abilityand civil capacity. ,Secondly, it analyzes the dispute in its grading ,and finally illustrates the proper grading of civil litigation ability. Related Articles | Metrics

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Experimental Analysis of the Deviation Range of Double-solvent Extraction in Dating of Ball-Point Pen Inks LUO Wei-li(Nanjing Forest Police College;Nanning 00;China) 2007(3): 37-39+4.  Abstract ( )   Objective Double-solvent extraction is a simple and effective method for dating of ball-point pen inks. However, the range of deviation is affected by the rate of extraction in the application of the method. The study is to find the range of deviation through experiments. Method New and aged ink samples of different brands were tested, and the range of deviation was analyzed. Result The range of deviation for different rate of extraction was obtained. Conclusion Reliable Experimental data were provided for applying double-solvent extraction in dating of ball-point pen ink writing. Related Articles | Metrics

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The Development and Prospect of Author Identification Technology QI Xiao-fan (Henan Public Security College;Zhengzhou 000;China) 2007(3): 40-43.  Abstract ( )   The history and present situation of author identification by writings and speech were introduced, and problems for future development were discussed. Related Articles | Metrics

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Reconstruction of Traffic Accident Scenes Using Digital Photogrammetry MAO Ming-yuan;;CHEN Yi-jiu;LIU Ning-guo;ZOU Dong-hua (. Medical School of Soochow University;Suzhou;China;. Institute of Forensic Sciences;Ministry of Justice;Shanghai 000;China) 2007(3): 44-47.  Abstract ( )   Objective To study the reconstruction of traffic accident scenes by digital photogrammetry with ordinary digital cameras and commercial software. Methods The process of digital photogrammetry including photographing of scenes, calibration of digital cameras and analysis of photos with special software is integrated. Results In simulative traffic accident scenes at night, the mean relative error is adopted to represent the accuracy of the method. The result is 0.58﹪ and 0.44﹪, respectively, for direct photographing and splicing photographing. The standard deviation is used to represent the precision of the method. The result is 0.68﹪. In two real traffic accident scenes, this technique is successfully applied in measuring, sketching and reconstructing scenes. Conclusion The accuracy and precision of this method meet the demand of traffic accident scene investigation, and this method has some special advantages. Related Articles | Metrics