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2013 Issue 3 (Total No. 0)
Published: 15 May 2013 Previous Issue    Next Issue
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Forensic System


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Forensic System

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Introspection and Improvement of the Criminal Appraisal System  in Public Security Organs from the Perspective of Investigation Error Prevention 2013(3): 0-0.  Abstract ( )     Criminal appraisal plays an increasingly important role in solving criminal cases by police. The public security organs rely heavily on criminal appraisal in finding investigation clues and evidence. Due to the defect in criminal appraisal by public security organs, many problems, such as investigation errors and injustice cases, may occur. In order to improve current criminal appraisal by public security organs, we need to address the issue of the organizational and administrative system of internal expertise organization in public security organs, which means to ensure the independence of internal expertise organizations. Meanwhile we should set clear standards for acceptance of criminal appraisal technology. It is true that the improvement of criminal appraisal by public security organs cannot completely eradicate investigation errors but it can reduce the probability of their occurrence. Related Articles | Metrics

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The Understanding and Perfection of the Expert Assistant System in Criminal Procedure 2013(3): 0-0.  Abstract ( )   The expert assistant system in China provided in the newly amended Criminal Procedure Law enacted in 2012 is quite different from the expert witness or expertise counselor systems in the common law system and the civil law system. The expert assistant system in China aims to assist the prosecutor and the defendant to question and cross-examine the evidence of expert opinions and therefore an expert assistant serves as the assistant to both parties, and is not neutral for its position. In order to safeguard the enforcement of this system, the future legislation should provide details concerning the application of the expert assistant appearing at trial, court decision, remedies and the related proceedings thereof. Related Articles | Metrics

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On the Role of Experts in Forensic Appraisal HU Wei-Ping 2013(3): 0-0.  Abstract ( )    As a “carrier” of science, technology or other special knowledge, functions of experts is more and more extensive in litigation. Because of the difference of the litigation mode, experts have different role in solving special problems. In the adversarial system, experts act as the evidence method of litigants and in the inquisitorial system, experts are regarded as the assessor of the judge. With the combination of the two legal systems, experts act as the litigant’s evidence method as well as the judge’s assessor. The forensic appraisal system in our country has been enrooted with inquisitorial doctrine, experts act as the judge of special problems. We should learn from the practice of Germany and Japan, and position the experts as the assessor of judges as well as evidence method of litigants. We should improve the forensic appraisal system by making clear the nature and relationship between the right to start the appraisal, the right to carry out the appraisal, and the right to examine the appraisal opinion. Related Articles | Metrics

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On the Legal Basis of Anonymous Appraiser System 2013(3): 0-0.  Abstract ( )   The new Criminal Procedure Law provides that, appraiser opinions must be subject to cross-examination before being used as evidence to decide a case. This provision urges the appraiser to fulfill the obligation to testify in court, and thus enhances the dependence of the effectiveness of expert opinions on cross-examination procedures. Therefore, improving the appraiser testimony system is very important. Discussing on the anonymous appraiser system provides a micro perspective for this issue. China has judicial practice on anonymous witness, but the legitimacy of the anonymous appraiser testimony is still controversial. In essence, these controversies lie in the conflict between the anonymous appraiser and the traditional procedural law principles. The solutions of the conflict are reflected in the principle of the anonymous appraiser, procedure design, and supporting measures. Related Articles | Metrics

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Analysis of Human Fat by HPLC-ELSD WANG Lei-1, SHI Xiao-Fan-2, XU Ying-Jian-2, ZHANG Fang-2 2013(3): 0-0.  Abstract ( )   Objective To establish a method for identification of trace amount human fat residues at crime scenes. Method Human and animal fats are dissolved in acetone, and analyzed by high performance liquid chromatography with evaporative light-scatter detector (HPLC-ELSD). Results The chromatogram of human fat is obviously different from that of animal fats, which could be used to identify the fat of human source. Samples are not interfered by environmental factors. Even with decaying human fat, correct analysis results could still be got. Conclusion The established HPLC-ELSD method is effective in identifying trace amount human fat. Related Articles | Metrics

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Data Analysis of Elemental Examination of Soil Evidence by XRF in Forensic Science GUO Hong-Ling, QUAN Yang-Ke, TAO Ke-Ming 2013(3): 0-0.  Abstract ( )   Objective To correctly discriminate and classify soil samples by statistical analysis of elemental examination results. Method 225 various soil samples collected from Beijing suburbs, Shenyang, Sixian, Luzhou and Nanning, were analyzed by X-ray fluorescence spectrometry (XRF). Euclidean distance and Ｐrinciple Ｃomponent Ａnalysis（ＰＣＡ） were carried out to assess the difference of these soil samples. Results Critical values were evaluated to estimate the difference of soil samples collected from locations in different spatial distance. ＰＣＡ method could classify these soil samples effectively. Conclusion Euclidean distance can provide quantitative basis for the comparison of soil samples and principle component analysis can be used to deduct the origin of unknown soil samples. Related Articles | Metrics

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Seasonal Difference of the Diatom Detected in the Organs of the Drowned DU Yu-1, CAI Hong-Yang-2, ZHOU Zhe-3, LI Peng-Fei-1, PANG Yi-Jing-1 2013(3): 0-0.  Abstract ( )   Objective To study the possible seasonal difference of the diatom detected in the organs of the drowned for helping determine the death cause in forensic investigation. Method 5 cases per month drowned in Hun river in January, April, July and October from 2009 to 2011 were collected. 45 rabbits were used for experiment and divided into three groups, i.e. drowned, immerging into water after death and the control. Rabbits were put into water at the same spot on the next day of body discovery in the corresponding month. Lung, liver, kidney and femoral bone marrow samples of bodies and rabbits, as well as the on-site water samples, were tested for diatom by enzymic digestion method. Results Abundant diatoms were detected in the lung of dronw. ned bodies and they were the same species as those detected in the on-site water samples. A small amount of minor centricae diatoms were found in the liver and kidney of bodies drowned in January, April and October, but none in the liver, kidney and marrow of bodies drowned in July. In the case of rabbits, a small amount of minor centricae diatoms were found in the lung of drowned rabbits, but no diatoms were found in the liver, kidney and marrow. Conclusion The seasonal difference in diatoms detected in the liver and kidney might be related to the seasonal change of diatom species and their volumes. With positive results of diatoms in lung and negative results in liver and kidney, drowning cannot be ruled out as the cause of death. Related Articles | Metrics

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On the Strategies for Discriminating Monozygotic Twins 2013(3): 0-0.  Abstract ( )   There are genetic differences in antibody library, methylation modification and gene mutants of monozygotic (MZ) twins. Analysis of methylation modification may be an applicable method for discriminating MZ twins. Comparisons of antibody library and gene mutants also have potential values. At present, the research and knowledge about MZ twins in epigenetics and related gene mutants is very limited. The technique of antibody library also needs to be improved. The application prospect and development of strategies of discriminating MZ twins need further exploration and improvement. Related Articles | Metrics

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Some Basic Aspects in Correct Sequencing of Crossed Writing Entry and Stamp Impression 2013(3): 0-0.  Abstract ( )   Sequencing of crossed writing entry and stamp impression, which is of decisive importance regarding the authenticity of suspected documents, is common in the field of questioned document examination. After years of study and practice, the authors summarizes several basic aspects in correctly determining the sequences of crossed writing entries and stamp impressions: standardized guideline, appropriate equipment, consideration of the binding mode of pigments and paper, comprehensive examination with several methods, and objective evaluation of the occurrence rate of positive results and excluding of false-positive ones. Related Articles | Metrics

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Safety Analysis of Truck Escape Ramp of G5 Freeway ZHOU Hua, ZHANG Shi-Bo, LI Ping-Fei, HUANG Hai-Bo 2013(3): 0-0.  Abstract ( )   With the study of a real traffic accident happening on the truck escape ramp of G5 freeway, the safety of the ramp is analyzed. By the model of wheel-soft soil interaction of PC-CRASH program, the safety of the truck escape ramp is evaluated and compared with the video recording of the accident. The result indicates that the validation of the model is feasible. Simulation results of optimized slope and sinking depth parameters show that trucks driving into the truck escape ramp at a speed of 120 km/h could stop after running less than 100m. Related Articles | Metrics

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Research on the Stroke Mark Features of Roller Ball Pen 2013(3): 0-0.  Abstract ( )    Objective To summarize the types of stroke mark features of roller ball pens for providing scientific basis for the correct use of them by handwriting examiners. Method Handwriting of twenty people with three different roller ball pens were collected and analyzed. Results No matter whether one person uses different pens, or different persons use one pen, or different persons use different pens, there occur some same stroke mark features. Conclusion Roller ball pens’ stroke mark features are only one kind of handwriting features. Forensic conclusion cannot be drawn based on these features alone. Related Articles | Metrics

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Forensic Examination of Microsoft PowerPoint File with an Example from an Intellectual Property Case LIU Hui-Ping-1, LUO Wen-Hua-2 2013(3): 0-0.  Abstract ( )   Microsoft PowerPoint is a common file type in computer forensics. With a true intellectual property case as example, this paper introduces the procedure and method of tracing back to the residual information in PowerPoint file, based on the analysis of Microsoft compound document structure and PowerPoint record layout. Related Articles | Metrics

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Estimation of Body Height from Incomplete Bare Footprint 2013(3): 0-0.  Abstract ( )   Objective Incomplete footprints are common at crime scenes and the use of such evidence is sometimes important to the investigation. Method The characteristic morphological features of incomplete bare footprints were studied and several stable feature points with high quality were chosen and used for statistical analysis. Linear regression equations were established for the estimation of body height by incomplete bare footprints. Results Among 4 parameters, the distance between the bottom of the heel and the top of the ball margin is best related to the body height, and the distances between the bottom of the heel and the inner and outer point of ball margin are also in good correlation with the body height. Conclusion Incomplete bare footprints can be well utilized in estimating body height and directing investigation by linking the suspect to the crime scene. Related Articles | Metrics

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Re-discussion on the Correct Application of DNA Evidence SONG Fang-Ming 2013(3): 0-0.  Abstract ( )   Based on the division of appraisers’ role in the judicial practice between Anglo-American law and the legal system in China, this article tries to discuss further on the derivation bodies of three typical statements in the field of DNA evidence application, and to distinguish the right and responsibility of appraisers clearly to prevent DNA evidence from being misinterpreted and misused. Moreover, based on the relevance, admissibility and probative value of evidence, the correct way of applying DNA evidence in the judicial practice is also discussed. Related Articles | Metrics

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The Exploration of Medical Appraisal of Mental Disorders LI Yu-1, LIANG Quan-Zeng-2 2013(3): 0-0.  Abstract ( )    Mental Health Law plays an important role in protecting the legitimate rights of mental patients and realizing social security and defense. It not only provides a relief channel for patients and their guardians in dealing with involuntary hospitalization, and to some extent, preventing the healthy people from being forced into psychiatric hospitals, but also protects the order and personal safety of the public. After analyzing the design and effect of the medical appraisal system for mental disorders, this paper elaborates the subject of implementation, the model of management, the commission requirements and clients in medical appraisal of mental disorders. The clarification of these concepts is necessary for the benign operation of the medical appraisal system. Related Articles | Metrics

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loss-of-changce medical harm identified ZHANG Si-Ping, HUANG Wei-Xuan, CHENG Shi-He, LI Xin, SUN Yan 2013(3): 0-0.  Abstract ( )   With the implementation of the "Tort Liability Act", the forensic medical malpractice presents a rising trend. loss-of-changce medical harm identified is a special type of identification of the causal relationship as the basis of the proportion of liability. Medical mistakes to patients survival or reduce the chance of cure, medical institutions should bear liability often depends on the survival or loss of chance of cure rate reduction. The purpose of present in China has not been formed unified causality principles to solve this problem it is necessary to protect the legitimate rights and interests of the patients in the medical process, but also to protect and promote the development of medical science and technology. Since 1981, the United States has the opportunity loss of compensation as required by the consequences of the damage to national development has more than 30 years, to learn from abroad that have occurred in the past cases, forensic work for a late start in China, with research the theoretical value and practical significance. Related Articles | Metrics

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Qualitative and quantitative analysis of the causality and causative potency in medical damage FENG Long, WANG Dian, YU Xiao-Jun, CHEN Yi-Run 2013(3): 0-0.  Abstract ( )   [Abstract] The medical dispute in current China has become increasingly serious, we hold the opinion that, one of the primary causes of this situation is confusion of the concept and indetermination of the permission in identification mechanism about the medical damage and corresponding responsibility. In this article, after deliberating the relevant regulations about medical damage in Tort Liability Law combined with the experience in medicolegal expertise and related articles, we make a point to unify the analysis of qualitative and quantitative about causality and causative potency in medical damage and causes of casualty and its corresponding degree of contribution, meantime, we also try to clarify the scope and permission in medicolegal expertise, concepts of qualitative and quantitative analysis of the causality and degree of responsibility. As a result of qualitative and quantitative analysis of the causality and causative potency in medical damage, and consideration mainly based on ICD (Internetional Stastical Classification of Diseases and Related Health Problems) of WHO, we finally classify all the factors that involved in the medical damage into eight categories after : underlying cause, intervening cause, contributory cause, inductive cause, immediate cause, irrelevant factor, synergetic cause, combined cause. The respective corresponding causative potency (degree of contribution) are : 60%-100%, 30%-40%, 20%-30%, 0%-20%, 0 or 100%, 0, f%/n,100%×n. On one hand, the point in this article can guide us analyze the causes in medical damage much objectively and accurately, guarantee the judicial expertise of medical dispute fairer and more reasonable and avoid fault or missing caused from confusion of causality in judicial expertise, on the other hand, it can also be a more scientific evidence for judge and sentencing and civil compensation in cases of medical tort. At last, we think it can make a significant contribution to calm down the medical dispute and relieve the tense doctor-patient relationship. Related Articles | Metrics

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Analysis of Identification System of Medical Damage Since the implementation of tort liability law 2013(3): 0-0.  Abstract ( )   Abstract: Objective According to operating condition of tort liability law in the people's court and actual situation of the judicial identification of medical harm, this article provided a train of thought and countermeasure how to establish a suitable medical damage judicial identification system for China's national conditions. Methods 46 cases were analysed from our institute since 2010 July, all which were entrusted by people's court with the cases of medical damage identification, in the meantime we also combined with the people's court use situation. Results a total of 26 cases（56.6%）, involved in surgery;93.5% cases existed certain medical fault, and existed Causal relationship between medical fault and damage results, most of which were slightly Causal relationship; the people's court adoped 93.4% of total of cases, simultaneously also reflected a question that some cases were timeout. Conclusion The people's Court was satisfied with Identification System of Medical Damage, but two models in identification system of medical damage still existed since tort liability law promulgated, so this article suggested that a unified approved medical damage identification system should be established. Related Articles | Metrics

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Identification of Homologous Laser-carving Osmotic Stamp Impressions WANG Chang-Liang, ZHOU Guang-Lei, GU Hui-Yong, LI Ming, LIU Ping, CHEN Wei-Min, XUE Jian-Guo 2013(3): 0.  Abstract ( )   Objective To investigate the characteristic differences between the impressions of homologous laser-carving osmotic stamps in order to establish a method for the identification of this kind of stamp impressions. Method 9 homologous laser-carving osmotic stamps were manufactured and multiple impressions were imprinted. The characteristics of the impressions were analyzed with microscopes, Video Spectral Comparator, and other instruments. Results The detailed characteristic differences of homologous laser-carving osmotic stamp impressions were found out. Conclusion Although the specifications of homologous laser-carving osmotic stamp impressions agree well, they can still be discriminated. The identification should focuses on the comparison of detailed characteristics. Related Articles | Metrics

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Preliminary Study of Disguised Signature LI Zhi-Rong 2013(3): 0.  Abstract ( )    Disguising signature is means of forgery, by which one could deny his/her own signature to possess others’ property illegally or escape responsibilities. Disguised signature looks normal, but the handwriting changes differently with different disguising methods, causing it difficult to examine. When examining disguised signature, handwriting experts should emancipate their minds, have an objective view of the changes, choose correct methods, select handwriting characteristics comprehensively and objectively, supplement known samples timely, and also make use of case information if possible. Related Articles | Metrics

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Carving of AVI Files in Digital Forensics HUANG Wan-Di-1, 2 , WANG Zhong-Xia-2, WU Zhen-Dong-1, 2 2013(3): 0.  Abstract ( )   The technology of file carving in digital forensics is introduced. A file carving method, which detects AVI file fragments, sorts and combines them into a complete file, is elaborated. This method is based on the structure of the AVI file, and adopts the keyword matching of file structure, bi-fragment gap carving and other file carving ideas to complete the process. This method can be used to complete the AVI file carving in the case of losing the metadata of the file system. The experimental results show that the carving rate of AVI files with fragments is improved by the method. Related Articles | Metrics

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The Influence of Clamping Distance on the Inclination Angle of Duplicated Trace on Convex Tooth Key CHEN Xing-Quan-1, MA Li-1, MA Yuan-Yuan-1, WU Lian-Kui-2 2013(3): 0.  Abstract ( )   Objective To explore the influence of the clamping distance on the inclination angle of duplicated trace on convex tooth key. Method Convex tooth key models of same slope length but different tooth slope angles were made with aluminum plate. The duplication of these model keys with two clamping distances was simulated. The change of the inclination angles of duplicated trace was summarized. Results The inclination angles of duplicated trace are equal with two clamping distances. Conclusion The clamping distance does not affect the duplicated trace’s inclination angle. Related Articles | Metrics