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2007 Issue 1 (Total No. 28)
Published: 15 January 2007 Previous Issue    Next Issue
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The Practice and Exploration of the Reform of China's Expert Evaluation System HUO Xian-dan (Administration of Expert Evaluation;Ministry of Justice;Beijing 0000;china) 2007(1): 1-7.  Abstract ( )   The Decision of the Sixth Session of the Sixteenth National Congress of the CPC put forward the task of building up a harmonized society. One of the tasks is to reform the judicial system, including the expert evaluation system. Expert evaluation is both an activity of scientific verification and participation in a litigation according to law. Therefore, it is the integration of law and science. This nature determines the direction of development, the system and manner of administration of the expert evaluation system. In the process of building a harmonized society, we have to complete two transformations: The first is to resolve different types of disputes and contradictions on the judicial track, to resolve political, economic and social problems through legal means. The second is to distinguish the technical issues from the legal ones and use technical means to resolve social conflicts and disputes fairly, objectively and effectively. The author raised several issues on how to further deepen the reform and improvement of the system in the process of building up a harmonized society. Related Articles | Metrics

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Issues on Appraisers' Testifying in Trial GU Yong-zhong(China Vniversity of Politicae science and law;Beijing 000;China) 2007(1): 8-11.  Abstract ( )   On one hand, the appraiser appears in court as a witness in a broad sense; on the other hand, he/she differs from a normal witness. Therefore, it is necessary to understand correctly the special feature of an appraiser as a witness in trial so as to correctly position the appraiser's status in a lawsuit. Generally speaking, an appraiser testifying in trial is to fulfill the burden of proof undertaken by the principal or the designating party. Specifically, an appraiser testifying in trial includes two parts: making a presentation of the appraisal opinion and accepting cross-examination about the appraisal opinion, the latter is a challenging task. Consequently, an appraiser should study and be trained from five aspects to enhance the ability of accepting cross-examination. Related Articles | Metrics

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On Qualification of Judicial Expert Witness YANG Kai-xiang;HU Xiao(Central South University;Changsha;Hunan;00) 2007(1): 12-16+3.  Abstract ( )   The system of qualification of judicial expert witness is the core factor of system of judicial expert testimony. Accordingly, how to set an optimal model to grant a qualification of expert witness becomes the precondition to improve expert testimony system. Some problems influencing the acquirement a lawful qualification of expert witness exist in China's legal system, for example, ambiguity of the regulations, unclearness of the process of examination, confusion of institutional scheme, and so on. Such problems lead in some case to contradictions of expert testimony upon which the decision always depends. Comparing with the correlated institutions in other country, China's expert witness system has so many defects that the author improve a series of suggestions which we think could better the mentioned system in China. Related Articles | Metrics

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The Use of Expert Witness in Civil Litigations OU Hai-ou(Intermediate People's Court of Huaian;Huaian 00 China) 2007(1): 17-20.  Abstract ( )   From the perspective of the judge trying a case, exert evaluation is a means that he/she can use to determine the facts. However, the existing norms are mainly procedural ones, which have few restrictions on the behaviors of judges in specific use of expert evaluation. This has resulted in problems of the judges' use of expert evaluation at random, such as misuse of expert evaluation, wastes of judicial resource, defective expert evaluation conclusion, inadequate safeguard of the rights of parties and appraisers, and non-uniform standards for conclusion and examination. Therefore, it is necessary to resolve these problems existing in the judges' use of expert evaluation from the aspects of principles and specific norms. The expert evaluation system may only be improved when these problems are being addressed. Related Articles | Metrics

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The Application of Non-Ridge Attributes of Colored Fingerprints on Questioned Documents QIAN Huang-gui;SHI Shao-pei;YANG Xu;LING Jing-kun (Institute of Forensic Science;Ministry of Justice;Shanghai 000;China) 2007(1): 21-23.  Abstract ( )   Theoretically, only when sufficient attributes of ridge details are in agreement can identification of two fingerprints be reached. Examination of blurred fingerprints with no or insufficient ridge details usually ends with inconclusive results. In the study, the application potential of blurred fingerprints on questioned documents was explored, and non-ridge attributes of fingerprints-marginal and inner ink mark appearance, blankness patterns, and spatial relationships-were investigated. Specimens of 50 groups with 200 fingerprints pressed using inkpad were collected. It was shown that fingerprints left by consecutive pressing could be correctly identified by comparison of non-ridge attributes. Technical Points of the method were discussed and 3 cases were demonstrated. It is suggested that non-ridge attributes of fingerprints could be applied not only to solve identification problems of blurred fingerprints in some specific situations, but also to determine related timing of these fingerprints. Related Articles | Metrics

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Differentiation of Black Gel Pen Inks by Thin Layer Chromatography HUANG Juan-juan;HE Jiang-nan;LIU Dong-xian (Hunan Higher Education School of Public Security;Hunan 00;China) 2007(1): 24-27.  Abstract ( )   Black gel pen inks are mainly composed of solvent, pigment, thickening agent, stabilizer and other chemical additives. Chemical composition of inks manufactured by different factories or by the same factory but with different trademarks is often different, and this provides the basis for ink differentiation. In the study, based on uniform design and orthogonal design of mathematical statistics, the optimal conditions of thin layer chromatography for differentiation of black gel pen inks was tested. N,N-dimethyl formamide was selected as extractant, and tetrahydrofuran: methanol: 1,2-dichloroethane: chloroform=30:15:5:7 as developing solvent. Related Articles | Metrics

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Re-thinking of Forensic Science in the point of Comparative law MIN Yin-long;SONG Yuan-sheng(Criminal Justice Institute East China University of Politics and Law;Shanghai;000 China) 2007(1): 28-32.  Abstract ( )   Forensic science is the practical activity of the special forensic person to draw conclusions based on the fundamental theores. It is the result of science, but can not be completely equal to science. If the inaccurate forensic conclusion can not be distinguished and differentiated, it will ine one blind person leading a 820up of blind persons result. Forensic science has its unique rules to run, and the experience of foreign country can be used for reference. They are the key element to guarantee the scientific, lawful and accurate forensic science. Related Articles | Metrics

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About The Forensic Evaluation of Special Objects ZANG Hong(The Procuratorate of Huangpu District;Shanghai;0000;China) 2007(1): 33-35.  Abstract ( )   In the criminal cases,one always comes across the lack of standards and means of the determining the price of special objects. It causes some incorrect judgements against the crimes. Some special processes should be taken in the forensic evaluation for the pvice of special objects because of their special characters different to ordinary. Related Articles | Metrics

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Protection and Forensic Evaluation of Intellectual Property of Integrated Circuits WANG Gui-hai;LUO Su-ping (South China Normal University;Guangzhou 0;China) 2007(1): 36-39.  Abstract ( )   The protection of layout designs of integrated circuits by special law in China is discussed. A case of infringement is presented to demonstrate the comparison of originality and similarity of integrated circuits. Related Articles | Metrics

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A Theoretical Study on Dynamic Features of Signature Handwriting CHEN Xiao-hong;JIA Yu-wen(. Institute of Forensic Science;Ministry of Justice;Shanghai 000;China;. China Criminal Police College;Liaoning 00;China) 2007(1): 40-43.  Abstract ( )   Taking signature handwriting as the study subject, dynamic features were extracted during writing. On this basis, concepts and attributes of dynamic features were discussed, and a complete theory was put forward. Related Articles | Metrics

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Examination of Handwriting Imitated after Practice GAO Xue-lin;LIU Lian-shan;ZHANG Jing-lin;CHEN Yu-hui (. People's Procuratorate of Fengnan District of Tangshan;Hebei 000;China;. People's Procuratorate of Yutian County;Hebei 000;China;. People's Procuratorate of Fengrong District of 2007(1): 44-46.  Abstract ( )   Among cases submitted for handwriting comparison, simulated forgeries is on the rise. Since handwriting imitated after practice strongly resembles authentic handwriting, detection of the forgery and identification of the forger pose a challenging task to questioned document examiners. In the paper, by summarizing authors' experiences and taking related literatures for reference, the formation mechanism, characteristics, variations and affecting factors of simulated forgeries are investigated, and examination strategies are discussed. Related Articles | Metrics

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Frontiers of Present Questioned Document Examination MA Ji-gang (People's Public Security University of China;Beijing 000;China) 2007(1): 47-50.  Abstract ( )   Progress of questioned document examination is briefly reviewed, and frontiers of questioned document examination are summarized with emphasis, including automatic handwriting comparison, dating of questioned documents, nondestructive examination of questioned documents, integrated examination of questioned documents, quantitative examination of questioned documents and application of computer technology in questioned document examination and its developing trend. Problems in present practice of questioned document examination are discussed and solutions are proposed. Related Articles | Metrics

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Handwriting Comparison with Poor Known Samples WANG Hong (Technical Department of People's Procuratorate of Panjin;Liaoning 00;China) 2007(1): 51-51+73.  Abstract ( )   Collection of known samples is crucial for handwriting comparison. But in certain circumstances, especially at the confidential stage of criminal investigation, examiners have to face problems of poor known samples. In the paper, handwriting comparison with poor samples is discussed according to practical situations and experiences are summarized. Related Articles | Metrics