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2013 Issue 6 (Total No. 0)
Published: 15 November 2013 Previous Issue    Next Issue
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Forensic System


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Forensic System

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The Tactics of Parties in Starting the Re-appraisal in Criminal Procedure CHEN Ru-Chao 2013(6): 1-10.  Abstract ( )   According to relevant rules of criminal procedure, the parties in criminal procedure may only apply to start re-appraisal to relevant authorities （public security organs, people's procuratorates and courts）, and they have discretionary power to accept or reject the application. Sometimes, the parties can’t accept the decision, and contradictions occur between the parties and authorities. Tactics are employed by the parties in order to persuade or even manipulate the law practitioners to start re-appraisal. These tactics reveals some information, such as types of the re-appraisal, characteristics of the disagreement, etc. However, the fact that the parties sometimes take irrational or even illegal tactics shows the necessity for further reform of the mechanism to restart appraisals so as to reduce the irrational tactics of the parties. Related Articles | Metrics

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Ｔhe Reliability and Credibility of Appraisal Opinions in Criminal Procedure — An Analysis Based on Perpective of the Right Protection 2013(6): 11-19.  Abstract ( )   The sensational cases occurred in judicial practice have caused people to think about the credibility and reliability of expert opinions. As part of the evidence system, the criminal forensic appraisal system is the base and guarantee of criminal justice. It must meet the basic requirements of reliability and credibility. However, evidence rules regarding reliability and credibility of expert opinions are still lacking after the amendment of the Criminal Procedure Law. Future legislation on criminal forensic appraisal should be completed on the transformation from emphasizing the need to facilitating the administration to emphasizing the protection of rights. Related Articles | Metrics

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Rethinking on “Replacing Trial with Forensic Appraisal” in Civil Procedure 2013(6): 20-25.  Abstract ( )   As the classical statement of our judicial mode, the principle of “taking the law as criterion and the fact as ground” shows the importance of ascertaining facts by courts. Forensic appraisal, which is used by judges in finding facts, plays an important role in judicial practice. However, because of the excessive dependence on expert oppinions, there appeares the problem of “replacing trial with forensic appraisal”, which dissimilates the function of forensic appraisal and judicial process. Based on the analysis of the defects of the above problem, this article puts forward a pertinent path of reform. Related Articles | Metrics

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Basic Issues on Level Management of Forensic Institutions ZHU Jin-Feng-；Shen-Min 2013(6): 26-34.  Abstract ( )   Although the current forensic organizations are under the administration of judicial administration and the self-regulation of forensic industry associations, in judicial practice there still exist problems of repeated forensic identification, irrational complain, casual issuance of expert opinions by some appraisal institutions. Besides, some appraisal institutions, especially lower-level appraisal institutions, do not improve themselves through optimizing the personnel structure and other aspects, but try to attract cases by unfair competition. In this regard, the establishment and improvement of level management can effectively reduce the problems mentioned above. We should first clarify the relevant issues, such as the connotation of level management of forensic institutions, the need to establishing level management, and the principle of level management and so on. At the same time, we should pay special attention to the credibility of forensic reports issued by different level forensic institutions and the scope of cases accepted by different level forensic institutions. We should improve the quality and efficiency of forensic appraisal under the principle of preventing executive levels of subordinations in the relationship between forensic institutions. Related Articles | Metrics

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Basic Thinking in Compiling the Standard of Human Body Injury Assessment ZHU Guang-You 2013(6): 35-44.  Abstract ( )   This article comprehensively and systematically introduces the considerations of basic principles, fundamental structure, main content and some important issues about the Standard of Human Body Injury Assessment. The basic principles are that the standard must fully embody legality and applicability, objectivity and practicability, conformity and relevance, as well as being systematic and integrated, scientific and advanced. The assessment clauses are first enumerated in the sequence of brain, spinal cord, head, neck, chest, abdomen, basin, spine, limbs and body surface, and then subdivided in the sequence of injury levels, i.e. serious injury I, serious injury II, minor injury I, minor injury II and slight injury. In the appendix of the standard, the methods for assessing the dysfunction of tissues and organs are described. Moreover, the problems about the influence of causation between injury and disease, medical intervention, and endogenous disease are discussed in the appendix. This article is important to the experts of clinical forensic medicine and relevant legal workers to study and understand the standard. Related Articles | Metrics

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Analyze the Causation between Injury and Disease, and Assess the Degree of Injury Correctly XIA Wen-Tao, ZHOU Shu 2013(6): 45-49.  Abstract ( )   The causation between injury and disease is a common problem in clinical forensic medicine. It is closely related to the assessment of injury degrees, therefore deserves great attention. The latest standard of human body injury assessment makes a great progress in regulating the assessment principles on this problem. It is necessary to understand many concepts, such as injury, disease, injury disease, post-injury disease, pathological foundation, underlying disease, ante-injury disease and so on. An accurate analysis of the causation between injury and disease is necessary in the assessment of injury levels. The analysis ought to be based on the principles of factual causation, with concerns about the time sequence, the consistency of anatomic site, the logical relationship, etc. In the assessment of injury levels, the principles in proofing criminal evidence should be followed. Hence, proper methods and more critical standards should be adopted to exclude reasonable doubts. It also should be noticed that the causation analysis based on pathology, etiology and clinic, is of higher value than that based on epidemiology, case report, and experimental medicine. Related Articles | Metrics

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Determination of Bullatine A in Human Blood by UPLC-MS/MS WANG Yi, LIU Zi-Qiu, WANG Jiong, HUANG Yong, WANG Ai-Min 2013(6): 50-53.  Abstract ( )   Objective To determine bullatine A in human blood by UPLC-MS/MS. Methods The sample was extracted with acetic ether and separated on a C18 column using, 0.1% formic acid and acetonitrile as mobile phase． The positive electrospray ionization source was used. The ion pairs for the anaylsis of bullatine A were 344.3/58.0 and 344.3/91.0 in the multiple reaction monitoring mode. Results Linear relationship between peak area and concentration of bullatine A was obtained in the range of 3.5-850 μg/L-1 （r=0.9968）. The limit of detection for the analyte was 0.1μg/L-1. Relative standard deviations （RSD） （n=6） for the intra-day and inter-day precisions were lower than 10%. At three spiked concentrations, accuracy （n=5） ranged from 97.2% to 115.2%, and recovery ranged from 86.6% to 89.4%． Matrix effect was not obvious. Conclusion The established method is simple, sensitive, and accurate. It can be used for the determination of bullatine A in human blood． Related Articles | Metrics

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Scientific Expression of Identification Result in Forensic Toxicology 2013(6): 54-58.  Abstract ( )   The identification report is the expression pattern of toxicant identification results in forensic toxicology. Based on the comparative analysis of the forms and connotations of forensic toxicant identification reports both home and abroad, this paper argues that the current general type of toxicant identification reports, which is issued according to the General Rules on the Procedures for Forensic Expertise, is not very professional, rigorous, scientific and adequate. Due to the succinctness and vagueness of toxicant identification reports, whether the forensic evidence is scientific and reliable is in doubt. This would handicap the effective and sufficient utilization of toxicology analysis results. Therefore, some scientific expressions of forensic toxicant identification results are recommended in this paper. Related Articles | Metrics

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Clinical Features of Mental Disability of the Elderly Caused by Traffic Accidents LI Fang-Min, JIANG Zhao-Fei, YAO Wu-Sheng, TANG Wei, LIU Wen-Guang 2013(6): 59-61.  Abstract ( )    Objective To study the mental disability characteristics of the elderly injured in traffic accidents in the field of forensic psychiatry. Methods 109 cases of forensic assessment of mental disability, which were all about the elderly injured in traffic accidents, were retrospectively analyzed. A control study with non-elderly group was also carried out. Result Most elderly people were injured passively. There was a high incidence of intracranial hematoma. 88.07% of disability after injury was caused by mental problems, and a moderate or severe grade of disability was common. Conclusion The best time to assess the mental disability is one year after cerebral trauma. The elderly should improve their awareness of traffic safety considering their own physical and mental characteristics. Related Articles | Metrics

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A Primary Study of Dating of Questioned Documents with Statistical Method YANG Xu, YANG Lei, ZENG Lin-Rui, SHI Shao-Pei, XU Che 2013(6): 62-66.  Abstract ( )   To determine the formation time of a document remains the most controversial and challenging problem in questioned document examination, especially to date the document quantitatively by utilizing the elements in the document that correlate with time. Through a case of determining the stamped date of the impression on a questioned document, this paper discusses how to use statistical methods to relate the phase change features of stamp impressions with time quantitatively. It not only offers a quantitative analysis method for dating stamp impressions, but also provides a study approach for similar problems in dating of questioned document with statistics. Related Articles | Metrics

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Influence of Aging Condition on Dating of Self-inking Stamp Impression XIE Peng, FENG Chao, Li- Biao, WANG Xiang-Chen 2013(6): 67-72.  Abstract ( )   Objective To explore the influence of aging condition on the determination of the stamping date of self-inking stamp impressions by gas chromatography. Method The amount of volatile solvents in self-inking stamp impressions, respectively aged by constant temperature baking, UV irradiation, and pure water soaking, were measured by gas chromatography. Results The volatility regularity of solvents in the stamp impressions under different artificial aging conditions was obtained, and its relationship with natural aging was also explored. Conclusion The stamping date of self-inking stamp impressions, which are stored in different conditions, can be estimated by gas chromatography. The present method provides a scientific basis for forensic practice. Related Articles | Metrics

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Structural Analysis of SQLite Database in Forensics SHA Jing, CAI Li-Ming 2013(6): 73-78.  Abstract ( )    As a simple and powerful lightweight SQL database engine, SQLite is widely used in short message and record of browser history. To understand the structure of SQLite database is of great importance in forensic practice, because searching specific contents in SQLite database is frequently required. This paper presents detailed analysis of SQLite and “mmssms.db” file’s structure in Android phones. Examples are given to illustrate the method for acquiring information of deleted short messages from “mmssms.db” files through key words searching and structural analysis of SQLite, which is generally applicable in the forensic examination of SQLite files. Related Articles | Metrics

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Android Screen Lock Crack in Forensics QIAN Wei, CHEN Xiao-Bing 2013(6): 79-82.  Abstract ( )   With the development of mobile communication is the popularity of smart terminals, as well as mobile crimes. In mobile forensics, screen locks are common obstacles. The present study focuses on the screen unlock techniques on Android platform, which is the most popular smart terminal platform worldwide. After a brief description of the system structure of Android platform, the encrypt procedures and plaintext password rules regarding various screen lock modes on Android smart terminals are summarized, which would simplify crack process and improve the efficiency of forensics. Finally, other approaches to crack screen lock are raised to provide more flexible choices in forensics. Related Articles | Metrics

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Analysis and Utilization of Incomplete Shoeprint at the Scene LIU Wei-Ping, BAI Yan-Ping 2013(6): 83-85.  Abstract ( )   Incomplete shoe prints are frequently found at the crime scene. However, as they are difficult to extract and examine because of some negative factors, incomplete shoe prints are not playing their due roles in the procedures of investigation or litigation. In fact, technologies of incomplete shoe prints analysis are generally needed in crime investigation, helping to determine shoe types, describe the suspect’s characteristic, and identify shoes. Based on their formation theory, the present paper discusses the low extraction and examination rate of incomplete shoe prints at crime scene from both objective and subjective respects. Application and analysis of extracted incomplete shoe prints in several typical crime cases also are described. Finally, some reference advices about extracting and identifying incomplete shoe prints are given. Related Articles | Metrics

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Examination of Vehicle Identification Number JIA Zong-Ping, SHA Wan-Zhong- 2013(6): 86-89.  Abstract ( )    The vehicle identification number （VIN） is the original identifier and unique code of a vehicle, but criminals use various means to change the VINs of stolen or smuggled vehicles to resell them. It is important to use certain methods to check the authenticity of a VIN and reveal the original VIN in the field of criminalistics. With few reports available on the procedure and principles of VIN examination, the present paper gives a summary of examining methods, and proposes the procedure and principles of VIN examination based on the authors’ practical experience in recent years. Related Articles | Metrics

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Inspection of Investigation Materials and Review of Traffic Accident Scene ZHANG Pei-Feng, ZHANG Hui 2013(6): 90-93.  Abstract ( )   To inspect the scene of traffic accidents and obtain high quality materials is the foundation for the forensic expertise of road traffic accidents. At present, the means for scene investigation mainly include written records, photographs, video recording, measuring, site drawing, discovering and extracting material evidence. The lack of on-site inspection technology or awareness tends to cause that the investigation materials cannot fully, intuitively and accurately reflect the information of the scene. In order to guarantee that the forensic expertise of road traffic accidents works smoothly, accurately, scientifically and objectively, forensic experts must conduct a comprehensive review of scene inspection materials, and re-investigate the scene of the accident if necessary. Related Articles | Metrics

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Issues on Appraisal in Criminal Compulsory Medical Procedures 2013(6): 94-98.  Abstract ( )   The compulsory medical treatment has been codified in criminal procedures, but there still exist some defects in the related procedures of psychiatric assessment. There lack right protection and procedural justice in starting of psychiatric assessment, selecting of appraisal institutions, the acceptance of expert opinions and the personal risk assessment regrading termination of compulsory medical treatment. With the development of judicial practice, these problems have become prominent and should be concerned. Related Articles | Metrics

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Discussion on Dispute Regarding Forensic Appraisal in Criminal Procedure WANG Huai-Yu, WANG Zhen-Guo 2013(6): 99-103.  Abstract ( )    Forensic appraisal, which provides technical support for effective investigation and fair trial, plays an important role in criminal procedure. But in practice, the controversy of forensic appraisal in criminal procedure is getting increasingly prominent. It becomes the public focus dute to the problems it caused that affect justice and judicial efficiency, and the protection of people’s lawful rights and interests. The writer tries to analyze why the controversy of forensic appraisal in the criminal procedure exists from the mechanism and the design macroscopically and offers rational thinking on how to solve the problem effectively. Related Articles | Metrics

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、 2013(6): 117-121.  Abstract ( )   Related Articles | Metrics