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主管:中华人民共和国司法部
主办:司法鉴定科学研究院
ISSN 1671-2072  CN 31-1863/N

Archive

    2014 Issue 1 (Total No. 0)
    Published: 15 January 2014
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    The Tendentiousness and Limit of the Expert Assistant in Criminal Procedure
    JIA Zhi-Hui, KONG Ling-Yong
    2014(1): 1-5. 
    Abstract ( )  
    The tendentiousness of expert assistants in criminal procedure refers to a kind of inclination reflected in expert assistants when participating in the cross-examination of appraisal opinions in criminal procedure. The new Criminal Procedure Law and its judicial interpretation have not identified the tendentiousness of expert assistants and this is not good for expert assistants’ integrity. So we should compare the relevant foreign systems designed to balance expert assistants’ integrity, and position our expert assistants’ relative binary tendentiousness in criminal procedure and its limit of law, science and morality as well as the system guarantee thereof.
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    The Cross-examination by the Expert Assistant in Court
    ZOU Ming-Li
    2014(1): 6-11. 
    Abstract ( )  
     In order for the implementation of the Civil and Criminal Procedure Laws, and to draft the implementation rules for the expert assistant appearing in court to assist cross-examination, there are some practical problems to be resolved. This paper suggests: the person with specialized knowledge should be renamed as the expert assistant, as the original term is not exclusive and does not reflect his identity and legal characteristics. The qualification of the expert assistant is proposed. Four main problems on cross-examination by the expert assistant in court are analyzed. Some suggestions are also given for the content and the way of questioning when the expert assistant cross-examines an appraisal expert. It gives comment on the nature and effect of the expert assistant’s opinions. The paper holds that the expert assistant should be regulated by judicial administrative organs supplemented by the people's courts.
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    Study on the Legalization of Forensic Appraisal in China
    PAN Xi
    2014(1): 12-15. 
    Abstract ( )  
    The legalization construction of forensic appraisal is an important goal in the system construction of forensic appraisal, as well as an important stage in the legal development in our country. The forensic appraisal system in our country should be constructed on the basis of the existing characteristics and culture of the forensic appraisal system, combining with the modern concept of the rule of law, and taking justice and efficiency as the goal. China's legislation of forensic appraisal should take the opportunity on China's modification of its relevant litigation systems, and should make the forensic appraisal law as a sectoral law, based on the existing regulations.
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    Thoughts on Further Improving the Forensic Appraisal System
    HUO Xian-Dan
    2014(1): 16-20. 
    Abstract ( )  
    According to the new mission and requirements put forward by the Party's 18th Congress and the third plenary session of the 18th Congress, the article analyzes issues about deepening the reform of forensic appraisal management system; improving the mechanism of the combination of administrative and industry management, and the connection of management and use of forensic appraisers; establishing the forensic appraiser system, the appraisers' professional responsibility system, the expert opinion evaluation system and the dispute resolution system. On this basis, it puts forward ideas and the way to promote sustainable development for the forensic appraisal industry.
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    In Vitro Selection of DNA Aptamers to Methamphetamine by SELEX
    LU Xin-Wei, HU Xiao-Long, ZHANG Yu-Rong, SUN Mei-Qi, CAO Fang-Qi, HUANG Qin-Rong, ZENG Li-Bo
    2014(1): 21-24. 
    Abstract ( )  
    Objective To screen and identify high-affinity aptamers to methamphetamine by SELEX (System Evolution of Ligands by Exponential Enrichment) method. Methods Methamphetamine-BSA was conjugated to cyanogen bromide-activated-sepharose as the solid phase target, and a synthetic random DNA library with the total length of 76 bp was subjected to selection by SELEX technology. Positive aptamers from the selection were analyzed for their specific association with methamphetamine-BSA by SPR (Surface Plasmon Resonance) sensor. The secondary structures of aptamers and their corresponding binding sites were predicted and analyzed by MFOLD software. Results After 10 rounds of SELEX screening, the binding affinity between the aptamers and methamphetamine increased from 88.3RU to 113.7RU, indicating that specific aptamers were enriched progressively. Ten aptamers have an absolute identical sequence after cloning and sequencing. It was revealed that their secondary structures were stem-loop, which might be the possible binding sites between the aptamers and the target. Conclusion The study obtained the sequence of specific aptamers to methamphetamine, and revealed the basic structure of the binding sites, which paves the way for the future application of these aptamers in a fast and cost-efficient detection of methamphetamine.
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    Study on Revealing Pen Pressure Features of Signatures
    LIU Ning, PEI Lei, WU Yi
    2014(1): 25-29. 
    Abstract ( )  
    Objective To establish effective methods of extracting pen pressure features for the identification of signatures. Methods To portray pen pressure apart from other handwriting features, five methods were experimentally investigated, including stereomicroscopy with oblique lighting, infrared imaging with oblique lighting, electrostatic detection apparatus, three-dimensional reconstruction and confocal laser scanning microscopy. Results Each of the five methods has advantages and disadvantages. Conclusion Questioned document examiners should use as many approaches as possible to utilize the pen pressure features, so as to improve the reliability of the signature examination results.
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    The Body Deciding the Initiation of Compulsory Medical Treatment
    LIU Xin
    2014(1): 30-34. 
    Abstract ( )  
    The compulsory health care system is an integral part of the national health care system. There are broad and narrow definitions of compulsory health care. The narrow compulsory health care refers to the treatment of psychiatric patients conducting harmful behavior and patients with Class A infectious diseases. The broad compulsory medical treatment includes vaccination and medical treatment in designated health care units. Compulsory medical procedures must be initiated by institutions with authorities given by the State. Any other unit that has no such power could not decide to start compulsory medical treatment. The organ that has the right to initiate compulsory medical care should be determined based on the extent of hazards of the person and the time factor.
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    The Enforcement of the Compulsory Psychotherapy Procedure and Introspection thereof
    ZHANG Pin-Ze
    2014(1): 35-41. 
    Abstract ( )  
    The social defense function of compulsory psychotherapy procedure is restrained not only by the threat from the mental disease persons with limited criminal capacity and those who have received psychiatric treatment, but also from the passive compulsory psychotherapy. There are three ways to deal with these difficulties. Firstly, we should include the mental disease suspects with limited criminal capability into the coverage of non-voluntary psychotherapy according to the Mental Health Law. Secondly, the resources of mental disease treatment should be increased, and consciousness of the risks of applying and removing compulsory psychotherapy should be strengthened. Thirdly, we should stop all loopholes concerning the system of non-voluntary psychotherapy in the Mental Health Law to prevent new form of passive compulsory psychotherapy.
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    Application of the Tolerance Intervals of Contrast Vision in Identifying the Malingering Decreased Vision in Forensic Medicine
    ZHOU Shu, LIU Dong-Mei, PENG Shu-Ya, XIA Wen-Tao, CHEN Jie-Min
    2014(1): 42-45. 
    Abstract ( )  
    Objective To evaluate the application of contrast vision in identifying the malingering decreased vision or blindness in forensic medicine. Methods 100%, 25% and 10% contrast visual acuity and projected vision were evaluated in 99 volunteers based on the previous researches, and tolerance intervals of contrast vision at different optotype contrast levels were obtained (n=166 eyes). 100%, 25% and 10% contrast visual acuity and projected vision were also evaluated in 60 suspects (n=64 eyes), of which the data had been randomized to group A and B, according to the tolerance intervals of contrast vision on contrast of 100%. Malingering was excluded in group A, while group B was considered malingering. All data were analyzed statistically. Results At different contrast levels, when the project vision ranged from 0.4 to 0.7, or was lower than 0.3, the difference between group A and group B was significant(P≤0.05). On the other hand, no significant difference was observed between the two groups when the project vision was higher than 0.8(P≥0.05). Conclusion When the project vision of the suspect is lower than 0.8, the contrast vision should be further evaluated. Referring to the tolerance intervals, when the project vision of the suspect is beyond the interval, the possibility of malingering should be taken into consideration.
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    Operation Complication Factors and Medical Malpractice Assesement
    QIU Yun-Liang
    2014(1): 46-49. 
    Abstract ( )  
    Operation complications account for a large proportion of medical injury cases. Operation complications can be ascribed to two aspects, medical care and patients. Factors in the medical aspect include insufficient responsibility of surgeons, lack of basic medical knowledge, diagnostic errors, and postoperative care and management defects. The main factors of patients involve anatomic variation and individual differences. The causes of operation complications are perceptible. Thus, when assessing whether there is medical malpractice in a operation complication case, forensic experts should take the specific conditions into account, and follow two standards, which are divided by medical theory and practice ability. For foreseeable obligations, the standard at “medical level” ought to be followed, and for preventive obligations, the standard at “treatment level” should be followed. It is recommended to apply these two standards comprehensively in the forensic expertise of operation complication cases.
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    Factors Affecting the Social Functions of PTSD Patients and Symptom Distribution Characteristics
    YE Feng-Hua, YAN Dan-Feng, TIAN Cheng-Jun, GAO Cai-Rong
    2014(1): 50-52. 
    Abstract ( )  
    Objective To investigate the factors affecting the social functions of the posttraumatic stress disorder (PTSD) patients, and their symptom distribution characteristics. Method 101 cases of PTSD identified by forensic expertise were analyzed retrospectively. The social functions of the patients were assessed according to Social Disability Screening Schedule (SDSS). Results Age, marital status, educational level, history of trauma and the time of expertise are factors that have significant influence on the social functions of PTSD patients, but there isn’t significant difference in social functional defects between genders. Symptoms including emotional disorder, intense, fear, sleep disorders and injury affect the social functions of patients with PTSD. Conclusion The social functions of the PTSD patients are affected by factors like age, marital status, educational level, and the period between trauma and expertise. In addition, the symptoms affecting the social functions have a wide distribution.
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    Preliminary Study on Rapid and Direct PCR Amplification of AmpFLSTR? Identifiler? Plus Kit
    LIU Lin, HAO Xiao-Ming, DONG Hui, 欧Yuan , ZHAO Xing-Chun, YE Jian
    2014(1): 53-55. 
    Abstract ( )  
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    Polymorphism Analysis of SNP Loci by Pyrosequencing and Pooling
    ZHAO Zhen-Min, ZHANG Su-Hua
    2014(1): 56-58. 
    Abstract ( )  
    Objective To establish a method for SNP polymorphism analysis based on pyrosequencing and pooling technology. Methods A sample pooling of 50 unrelated individuals was set up for pyrosequencing testing. PyroMark Assay Design 2.0 software was adopted to design primer for allelic quantification. Afterwards, PCR products of the pooling samples were pyrosequenced. Results The polymorphism of three target SNP loci was observed. Moreover, for rs220028, there is no significant difference between the testing results and previous data based on population survey. Conclusion The established SNP analysis method based on pyrosequencing and pooling technology is accurate, reliable and easy to perform. It is suitable for the screening and investigation of large population.
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    Inspection and Recognition of Forged Documents Utilizing Genuine Signature
    DENG Shao-Qiu, YANG An, LI Shu-Wen, ZHU Xu-Feng
    2014(1): 59-62. 
    Abstract ( )  
    Generally, most people think that the authenticity of a document depends on the authenticity of signatures on that document. But when it comes to forensic practice, they are not the same. There are many ways to utilize genuine signatures to forge a document. Because of the authenticity of the signature, forensic examiners tend to draw a false conclusion if they neglect to inspect the questioned document systematically. According to the distinct features of different forgeries, background analysis, detail feature comparison, image analysis, instrumental analysis and systematic inspection method should be applied comprehensively. In addition, attentions ought to be paid to matters like whether the questioned document is original or not, the focus contradictions of both parties, and whether the signatures are genuine or imitated.
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    Experimental Research on the Characteristics of Handwriting Written in Lying Position
    HUANG Li-Yan
    2014(1): 63-68. 
    Abstract ( )  
    Objective To provide scientific basis for the identification of handwriting written in lying positions. Method One hundred and eight persons’ handwriting samples written in normal sitting position and supine, left lateral, right lateral and prone positions were collected. By comparing the similarities and differences of handwriting characteristics between four lying positions and normal sitting position, the features and changes of handwriting written in lying position were analyzed and summed up, and the possible reasons of changes were discussed as well. Results Characteristics such as the font style, writing method, wrong character, writing sequence, proportion between strokes and characters are relatively stable in handwritings written in lying positions, which can be regarded as essential handwriting features. Among four lying positions, the handwriting written in prone position is the most stable, and the handwriting written by person with high writing skill is also relatively stable. Conclusion To Make a scientific judgment ,prone position handwriting identification should be combined with the law of the change.
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     Acoustic Characteristics of Glottization of the Fencheng Dialect in Shanxi-from the Perspective of Speaker Identification
    YANG Jun-Jie, QIAO Quan-Sheng, GE Rui-Fang, WANG Xiao-Ting
    2014(1): 69-74. 
    Abstract ( )  
    Objective To study the comparability between Fencheng dialect and Mandarin in forensic speaker identification, and to explore the acoustic characteristics of Fencheng glottization. Method Acoustic characteristics of Fencheng glottization and corresponding Mandarin syllables, including rhythm and vocal quality, were analyzed qualitatively or quantitatively by a VS-99 workstation. Results The phonation type of Fengcheng glottization is mainly creaky voice. The initial is not affected by the glottization. Moreover, between glottization final and Mandarin final, the consistency in formant frequency outclasses that in relative formant amplitude. Conclusion The present study will provide a basis for fieldwork and speaker identification between Fengcheng dialect and Mandarin.
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    Corpus-based Regional Mandarin Recognition
    2014(1): 75-79. 
    Abstract ( )  
    Objective To study the speech characteristics in different regional Mandarin and establish a method for extracting regional speech characteristics from speech materials in Mandarin pronunciation. Method A large-scale Chinese Mandarin Corpus serving for speech recognition was established, as well as a query system. The speech data in the corpus were analyzed statistically and summarized. Results speakers demonstrated their native tongues in voice characteristics of initials, finals, tones, stress, retroflex suffixation, and neutral tones, as well as vocabulary and grammar characteristics. Therefore, the regional speech could be recognized by a comprehensive analysis of various characteristics, with emphasis on the feature of tone values and combination of initials and finals. Conclusion It is practicable to recognize the region of the speaker by analyzing his or her Mandarin speech.
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    A Comparative Study of the Novel Fluorescent Cyanoacrylate Powder and the Cyanoacrylate Glue-Fluorescent Staining for Developing Latent Fingerprints
    LI Kang, LI Xiao-Jun, CHANG Bai-Nian
    2014(1): 80-85. 
    Abstract ( )  
    Objective To compare the effect of the novel fluorescent cyanoacrylate powder and the cyanoarylate glue- fluorescent staining in developing latent fingerprints on non-porous surface. Methods Fingerprints dealt with the fluorescent cyanoacrylate powder and the cyanoacrylate glue were fumed in the same fuming cabinet in succession. Afterwards, the fluorescent cyanoacrylate powder fumed fingerprints were directly observed under the blue lamp at 450nm wavelength and photographed, while the cyanoacrylate glue fumed fingerprints were stained with rhodamine 6G and BBD solution before being observed and photographed. Results In general, the one-step method using the fluorescent cyanoacrylate powder revealed the same developing effect with the traditional two-step one. There were also some differences between the two methods in the developing effects, depending on the samples’ nature and the fingerprints’ remaining time. Conclusion The new fluorescent cyanoacrylate powder method can be used as a routine approach to develop latent fingerprints on objects with non-porous surface. Except for of some objects, the overall development quality of this method is comparable to what is achieved by the current two-step fuming and dye staining method. Besides, the new process does not involve organic solvents so the cyanoacrylate polymer won’t dissolve and the ridge details won’t be damaged. The new method also avoids improper staining that may wash the ridge away, as well as some possible damages to exfoliated cells and other biological samples. 
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    Formation and Change of the Launched Bullet Marks and Its Application
    PAN Zi-Qin
    2014(1): 86-89. 
    Abstract ( )  
    Different kinds of guns have different mechanical characteristics. When firing a gun, the bullet head will leave marks that reflect the mechanical characteristics of the gun. Based on the research of mechanical characteristics of guns that form in manufacturing and using, this article, from the aspect of ballistics, analyzes the formation and changing mechanism of bullet marks during the process of firing. The mechanism can be used to analyze the difference between questioned and known samples in the firearm identification, and provide theoretical supports, as well as practical methods, for making a reliable forensic identification conclusion.
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