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2013 Issue 5 (Total No. 0)
Published: 15 September 2013 Previous Issue    Next Issue
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Forensic System



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Forensic System

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The pragmatism and ambiguous legislative stance of our expert assistant innovation 2013(5): 1-9.  Abstract ( )    Expert assistant innovation originates from judicial practice. Through normative documents approved by the Supreme People’s Court， as well as recognition by law， it has grown into a formal lawsuit system. However， because of some relevant misinterpretation and misleading answers in judicial practice， it is not only difficult to be self-consistent in theory， but also faced inconsistent acts in judicial practice， which really affected the system's normative work. The “Criminal Procedure Law” and the “Civil Procedure Law” were revised in 2012， which had clearly defined expert assistant， but because of its ambiguity， once again it led to the tangled relationships with expert witness in judicial practice. We ought to clarify legislative ambiguous position， and get rid of the non-institutionalized expansion of judicial practice. At the same time， avoid following the terms of expert witnesses in foreign countries blindly. At last， we should form the Chinese mode of the expert assistant. Related Articles | Metrics

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The Problem and Reform of the Expert Assistant System in Criminal Proceedings —A Research Based on the Investigation Practice in China 2013(5): 10-14.  Abstract ( )   The new criminal procedure law have set up the expert assessor system,but limited its application in the trial period. According to the judicial practice now in china,most of the controversy of criminal appraisal suggestions are focus on the preliminary investigation or the investigation period,so some of the investigation organ have applid this system to the identification procedure in investigation period,and have made good effect.It seems that the expert assessor system only applid in the trial period must have some limitations,but it is necessary and feasible to establish expert assessor system in the identification procedure of the investigation period.So based on the litigation practice,we should make the current expert assessor system more complete,and to make this system more reasonable and feasible in the investigation period. Related Articles | Metrics

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Study on the Issues of Experts’ Appearance in Court SHEN Zhen-Yi, BAO Jian-Ming 2013(5): 15-19.  Abstract ( )   In legal action， the low rate of judicial expert appearance in court has been a big problem in the process of trial mode reform in China. This problem not only makes the appraisal opinions become a mere formality but also leads to the ineffectiveness of direct verbal principle in trial. Our country has made clear provision for the appearance of experts by the amendment of procedural laws. But in the current law， the rights and the obligations of the experts are imbalanced and the provision of protecting experts is too general and unclear. Therefore， it is necessary to further guarantee the experts’ remuneration of costs and strengthen the security measures. We should explore the feasible path to the experts’ appearance in court by constructing and optimizing the system. Related Articles | Metrics

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Microscopic Examination of the Sequences of Crossed Stroke and Stamp Impression CHEN Xiao-Hong, SHI Shao-Pei, XU Che, BIAN Xin-Wei, QIAN Huang-Gui, SUN Wei-Long, YANG Xu 2013(5): 23-27.  Abstract ( )   Common methods for the examination of the sequences of crossed strokes and stamp impressions include microscopic examination， layer-scraping， spectral testing and so on. But the most basic and most widely used method is the microscopic examination. This paper focuses on the techniques of microscopic method of examining crossed sequences， explains how to select different microscopes， adjust magnification， illumination， observation modes， and use confocal and other technical methods to achieve the best results and images. It also summarizes the apparent characteristics of different sequences with different materials， and corresponding key points of observation and analysis，aiming at providing guidance for the practice of examining sequences of crossed strokes and stamp impressions. Related Articles | Metrics

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Analysis of Colorants in Stamp Impressions by UHPLC ZOU Ji-Xin, WANG Yan-Yan, SHI Gao-Jun 2013(5): 28-31.  Abstract ( )   Objective To establish a method for the analysis of colorants in red stamp impressions and classification of the types of stamp inks. Method colorants in the stamp impressions made by 35 different brands of stamp inks were analyzed by ultra high performance liquid chromatography（UHPLC）， and distinguished with the retention times. Results An ultra high performance liquid chromatography method for the discrimination of normal， water-based， photosensitive stamp inks is established. The distinguish rate is higher than 80%. Conclusion The component-based approach to classify stamp impressions can meet the requirements of distinguishing different types of stamp inks in real cases. Related Articles | Metrics

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The Relationship between Road Traffic Accidents Injury and Blood Alcohol Concentration in Drivers 2013(5): 32-36.  Abstract ( )   [Abstract] Objective：To explore the relationship between traffic accident injury and blood alcohol concentration (BAC) in suspected of drunk driving. Methods: 467 cases of road traffic accidents caused by drunk driving were analyzed statistically. Result：Gender differences were not significant but most accidents makers were male drivers aged 20-39 years. The largest proportion of these injuries and deaths were drivers after drinking alcohol. Motorcyclist and long head vehicle drivers have the highest frequency of drunk driving. The group of BAC 0.1-20 mg/100mL in motorcyclist have the most casualties. First row seat personnel were more likely to be increased injury severity than non-drinking drivers from the injured and casualties. Nevertheless, group of BAC 0.1-20 mg/100mL in drivers, in which statistics of drunk driver is without significantly difference from BAC20.1-80mg/100mL group. Conclusion：The BAC criteria for drunk driving should be reduced. Related Articles | Metrics

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A study on the correlation between coma and social ability as well as daily living activity after traumatic brain injury 2013(5): 37-39.  Abstract ( )   Abstract: Objective: To investigate the correlation between Glasgow coma scale (GCS) together with duration of coma, and social disability screening schedule (SDSS) values, as well as activity of daily living scale (ADL) values after traumatic brain injury(TBI). Methods: 269 appraisal patients with TBI were abtained from Suzhou University forensic appraiser and our appraiser. Detailed information of the patients consisted of injury site, severity, duration of coma, GCS score, surgery history, and whether surffered multiple injuries. Meanwhile, the appraisal patients were tested by application of the SDSS scale and the ADL scale, respectively, and the correlation was analyzed by SPSS 10.0 software. Results: There is a low correlation between the GCS scores and the SDSS values 6 months after TBI, while a moderate correlation exists between the GCS scores and the ADL values. In addition, there is a low correlation between duration of coma and the SDSS values six months after TBI, while a high correlation exists between duration of coma and the ADL values. Conclusion: The correlation between the GCS scores or duration of coma and the ADL values after TBI have important guiding significance for forensic practice. Related Articles | Metrics

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Exploration on psychological face reconstruction and cognitive brain potentials detection of eyewitnesses 2013(5): 40-44.  Abstract ( )   Extracting the memory of witnesses for the faces of the suspects is a difficult task. Because the witnesses may confront a variety of factors in the process of memorizing faces, as well as the influences of extraction and recognition memory, it would lead to face psychological reconstruction of distortion. After all, from the view of cognitive and experimental psychology, analyzing the factors of affecting the psychological rehabilitation and extracting memory with the best means can enable face reconstruction reliability maximum. Cognitive which has potential in the field of memory test is getting more sophisticated, so the eyewitness recognition, whether is correct or not, has a reliable reference. From the ERP of the memory responses analysis, it can determine the witness whether remember the faces which appear on parade. Related Articles | Metrics

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The application of plant gene barcode technology in a traffic forensic case 2013(5): 48-50.  Abstract ( )   Objective To identify the wood species of the detected plant materials involving in a traffic case.The rDNA-ITS sequence fragments of plant DNA barcode were analyzed for determining whether the bark-like materials collected from the left side of the tricycle were the same species as those carried on the agricultural vehicles. Method The plant DNA was extracted by the modified CTAB method. rDNA-ITS PCR amplification was performed and then the PCR products were cloned, sequenced, and the information of sequences was used for Blast analysis and phylogenetic tree construction. Result The adhesional substances on tricycle were originated from the Citrus sunki, while the plant shipped in the agricultural vehicles was Acer buergerianum (the variant species of JieShan Triangle), which was inconsistent with that of the bark on tricycle. Conclusion rDNA-ITS sequence fragments as plant DNA barcode could be applied for plant species identification. Related Articles | Metrics

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Discrimination of Three Red Automobile Paints by Infrared Spectrometry and Pyrolysis Gas chromatography-mass spectrometry 2013(5): 51-54.  Abstract ( )   Objective To discriminate three red automobile paints by infrared spectrometry(IR) and pyrolysis gas chromatography-mass spectrometry(Py-GC/MS). The feasibility of applying Py-GC/MS as a routine method in the forensic trace evidence examination of automobile paints is explored. Method Solid paint samples were analyzed directly. Infrared microscope was used for the IR analysis of paints in transmission mode. The aperture size was 100 μm×100 μm and the wave range was from 4000 to 675 cm-1. As for Py-GC/MS, the samples were pyrolysed at 550 °C for 0.20 min, and separated on a HP-5MS GC column. The initial temperature was 40 °C, kept for 1min, then ramped up to 300 °C at 8°C/min and held for 1 min. Split ratio was 80:1. Electron ionization was used for mass spectrometer, with a scan range of 29~350 amu. Results Both IR and Py-GC/MS could discriminate three red paints, but more component information was obtained from the pyrolysis results. Conclusion When the amount of sample is allowed, Py-GC/MS ought to be applied in the examination of automobile paints as well as IR. The two methods both provide information about the resin that forms the paint film. With verified results, a more accurate and reliable conclusion of paint examination could be expected. Related Articles | Metrics

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The Application of Finite Element Method in Investigation on Damaged Brake Disc 2013(5): 64-67.  Abstract ( )   Objective A method of finite element analysis was introduced by a case of investigation on damaged brake disc. Methods The model of damaged brake disc was built in software. Then two boundary conditions were set according to the practical situation. After simulation, two stress distribution figures were generated and compared to the damaged brake disc. Results One of the stress distributions matched the damaged brake disk. That indicated the brake disc had damaged in the course of the side crash between the vehicle and fixtures. Conclusion The finite element method is an effective technique in traffic accident investigation and has a bright application prospect. Related Articles | Metrics

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Evidence Collection Technology for Unilateral Accident of Single Vehicle Based on Speed Identification 2013(5): 68-72.  Abstract ( )   speed identification is becoming an important project of road traffic accidents forensic. Unilateral accident of vehicle hasn’t attracted attention because of its particularity. The main types of unilateral accidents include collision guardrail, rollover and reconnects. Unilateral vehicle collision speed identification principle is mainly based on the law of conservation of energy. After analyzing commonly used identification formula for three types of unilateral accidents, the basis points of their evidence collection were explored, including measure methods for guardrail deformation, vehicle deformation, the radius of the circular motion and fall flight distance. It was pointed out that measurements of the other elements of traces and evidences on the accident scene can play the role of secondary prove for the speed identification Related Articles | Metrics

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STEEL STRUCTURE ENGINEERING JUDICIAL IDENTIFICATION TECHNOLOGY 2013(5): 73-75.  Abstract ( )   In recent years, the number of steel structure engineering judicial identification cases increased year by year, but there was still not any technical standard of judicial identification specifically for steel structure engineering in our country. Several representative steel structure judicial identification cases was combined in this article, to analyze the difference between the steel structure engineering judicial identification and general detection and identification, the spot detection technology in the steel structure engineering judicial identification, the method and existing problem in the steel structure engineering judicial identification, and to summarize the method of spot detection and quality assessment in the steel structure engineering judicial identification. This article proposed the principle of spot sampling and the commonly used non-destructive detection method in the steel structure engineering judicial identification, exemplified common types of standards and identification methods in steel structure engineering judicial identification in practice, which can be offered to related personnel as a reference. Related Articles | Metrics

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New appraisal status quo investigation and thinking 2013(5): 81-85.  Abstract ( )   New appraisal is an effective way of test and correct evaluation, in the maintenance of the rights and interests and safeguard judicial justice plays a very important role. But due to many reasons, the present stage new appraisal did not play good proper function. Based on the investigation to repeat, on the basis of identification of the status quo and the cause of increased focus on the improvement of the new appraisal thinking and Suggestions are put forward. Related Articles | Metrics

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Dilemma and Outlet of the technical evidence audit 2013(5): 86-89.  Abstract ( )   Abstract: After the implementation of the National People's Congress standing committee on the management of judicial appraisal，the original set of judicial authentication institutions was revoked, the judicial appraisal socialized. After the socialization of judicial authentication, a large number of repeat identifications, false identifications and even misidentifications came out. Due to the lack of internal expert to solve the special problems, in the face of a lot of appraisal Suggestions, the judge can't scientifically judge, admitted into dilemma. In order to ensure effective judgment of the technical evidence, the Supreme People's Court rational allocate the existing judicial resources, given audit function to the Court's internal original judicial technical personnel. However, the absence of the laws and regulations make the technical evidence audit system is faced with many difficulties in the specification and practice level. Based on the review of the background, the object and the content, main body and power, function and purpose of the audit, this paper clarify its behavior in trial nature, to solve the theory and practice problem, better play its lawsuit value. Related Articles | Metrics

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To discussing about Judicial appraisal assistant nature, orientation and professional standards 2013(5): 101-103.  Abstract ( )   Generation and development of judicial appraisal assistant system, is the inevitable outcome of the reform of the judicial identification, but the cultivation of the judicial appraisal assistant and determine, cannot leave clearing about the nature, positioning and the professional standards, this paper try in this aspect were discussed, in order to catalyze the development of this system. Related Articles | Metrics

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On the motor vehicle Forensic standard system 2013(5): 106-108.  Abstract ( )   Abstract: Forensic motor vehicle standards system model construction practice, discuss the future forensic standards (female system) and professional standards (sub-system) interface mode, recommended vehicles forensic standard system framework, introduced trial situation. Related Articles | Metrics

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Cultural Perspective of Soft Power Promotion Path and Strategy IFS Explore the Cultural Construction Mode 2013(5): 109-113.  Abstract ( )   With the gradual social reform and economic development into the deep end, people are increasingly aware of the soft power of the significance of sustainable development institutions, and even some scholars have argued that culture is a kind of capital, the core value system is the supporting elements of social capital point of view. Culture, the core value system that is the soft power, it is the institution’s important part is the impact on long-term basis for the existence of the organization, overall and strategic elements. In this paper, through the comparative analysis about the construction of soft power and cultural mode, proposed to enhance the institutional soft power through systematic practice of institutional culture perspective, and by IFS culture construction mode, for example, refined by the core values, idea identity system, visual identity system, behavior identify system construct of the organization culture system, and thereby improve body effective path and strategy to soft power. Related Articles | Metrics

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The reference value of the ancient chinese forensic medical language in modern times 2013(5): 114-118.  Abstract ( )   The ancient chinese forensic medical language is the living fossil of forensic medical culture. It gives us amounts of information on the theories of redress injustices , measure penalty ,ancient forensic examination and the examination system. The ancient forensic medical language is a treasure-house of studying ancient chinese forensic medicine. Therefore,disscussion on the ancient chinese forensic medical language has great value in research on the orgin of forensic medicine and inspection technique,meanwhile, it plays an important role on the construction of chinese judicial expertise culture and development of modern judicial expertise. Related Articles | Metrics