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2014 Issue 3 (Total No. )
Published: 15 May 2014 Previous Issue    Next Issue

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A Study on Pre-trial Appraisal Mechanism in Public Interest Civil Litigation for Environment DING Bao-Tong, ZHANG Mei-Mei 2014(3): 1-6.  Abstract ( )   With Article 55 of the new Civil Procedure Law, we are establishing the system of public interest civil litigation. The public interest civil litigation for environment is at its beginning stage. There are many procedural rules and legislation to be adopted. To carry out pre-trial appraisal mechanism in public interest civil litigation for environment is very important for its development. However, we must resolve three problems to improve the procedure for pre-trial appraisal: to make clear the institution to start up the pre-trial appraisal procedure; to regulate the procedure judging the qualification and evidentiary effect of pre-trial appraisal; and to set the rules on cost bearing of pre-trial appraisal. Related Articles | Metrics

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A New Model Regarding the Allocation of the Right in Administration Organs of Forensic Appraisal WANG Rui-Heng 2014(3): 7-18.  Abstract ( )   At present, the administration of forensic appraisal is as follows: the judicial administrative department exercises “formal” management right while other organs exercise “substantive” management right. On the basis of a survey over the process, means and outcome of the allocation of administration rights among relevant organs, this article proposes to reconstruct the mode of forensic appraisal administration in China. Taking reference of the Anti-monopoly Law and integrating the functions and powers of relevant organs of forensic appraisal, we should set up a forensic appraisal committee under the NPC Standing Committee. The committee exercises administration rights and coordinates the relations between various organs, drafts forensic appraisal law, establishes various types of forensic appraisal standards, and improves the forensic appraisal system, so as to achieve the goals of the unified forensic appraisal administration by shifting the forensic administration rights from “decentralization” to “centralization”. Related Articles | Metrics

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The Integrity Construction and Guarantee Mechanism of Forensic Appraisal PAN Xi 2014(3): 19-22.  Abstract ( )   Dishonest behavior in judicial process often results in the formation of false evidence, false statements and false lawsuit, and authentication of the behavior depends on evidence identification, psychological testing and other judicial appraisal. Therefore, forensic appraisal is an important factor for the integrity build-up, through scientific and reliable methods to reveal and punish dishonest behavior. In practice, the procedures such as publication of appraisal opinions and pre-trial forensic appraisal, should be updated to promote and guarantee the integrity build-up. Related Articles | Metrics

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Detection of Mitochondrial DNA Heteroplasmy by PCR and ESI-TOF-MS LI Li, LIN Yuan, LIU Yan, ZHAO Zhen-Min 2014(3): 23-26.  Abstract ( )   Objective To test the hyper-variable regions of D-loop of mitochondrial DNA by a genotyping method based on PCR and ESI-TOF-MS technology in order to analyze the mitochondrial DNA heteroplasmy in Han individuals. Method mtDNA of 12 individuals from Han population in eastern China were genotyped by PLEX-ID platform. Base compositions of 12 amplicons in hyper-variable region 1 （HV I） derived from primers covering coordinates 15924-16428 and those of another 12 amplicons in hyper-variable region 2 （HV II） derived from primers covering coordinates 31-576 were determined. The rate of mitochondrial DNA heteroplasmy was investigated. Results According to the base compositions, 3 segments in HV I and 5 segments in HV II were found to be poly C length heteroplasmic, and another 3 segments in HV II were point heteroplasmic. Conclusion Sequence heteroplasmy is easily found in HV II nt103-267. Poly C length heteroplasmy is found at regions of nt 16124-16201, nt 16182-16250 in HV I and regions of nt 234-367, nt 431-576 in HV II. To prevent wrong conclusions, attentions should be paid to heteroplasmy when mtDNA is applied for maternal testing and individual identification. Related Articles | Metrics

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Analysis and Discrimination of Tire Tread Rubber by Pyrolysis-Gas Chromatography/Mass Spectrometry LI Xing-An-1, ZHANG Cheng-Gong-2 2014(3): 27-32.  Abstract ( )   Objective To establish a method for the analysis and discrimination of tire tread rubbers by pyrolysis-gas chromatography/mass spectrometry （Py-GC/MS）. Method The samples of natural rubber （NR）, butadiene rubber （BR） and styrene-butadiene rubber （SBR） were analyzed to optimize the pyrolysis parameters and select the characteristic pyrolysized products for the analysis and discrimination of the main components of 38 tire tread rubber samples. Result The optimal temperature and time of pyrolysis were found to be 590℃ and 15s.The main components of 38 tire tread rubber samples were divided into four categories: 5 samples belong to NR, 12 samples belong to SBR, 5 samples belong to NR/BR blend, 16 samples belong to NR/SBR blend, according to their characteristic pyrolysized products. Conclusion The optimized method showed a satisfactory repeatability and obvious characteristics in the pyrolysized products of rubber. It can be used to identify the main components of tire tread rubbers and discriminate most blending rubber samples. Related Articles | Metrics

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Evaluation of Toxicity by the Luminescent Bacteria ZENG Li-Bo-1, CHEN Lian-Kang-1, YANG Jian-2, XIA Gui-Zhen-2, DING Guo-Rong-1, ZHANG Yu-Rong-1, ZHANG Run-Sheng-1, WANG Jing-1, CAO Fang-Qi-1, LU Xin-Wei-1 2014(3): 33-35.  Abstract ( )   Objective To establish a rapid method for the onsite evaluation of forensic samples’ toxicity by the luminescent bacteria V.qinghaiensis Q67, which are toxicity sensitive. Method A series of diluted forensic samples which contained several kinds of pesticides were added to lyophilized V.qinghaiensis Q67. The toxicity can be determined by the inhibition ratio of the bacteria luminescent intensity. Results The luminescent intensity inhibition ratios of four positive samples were 100.00%, 90.41%, 84.26% and 88.81% respectively. Conclusion The luminescent intensity assay for V.qinghaiensis Q67 is a rapid and sensitive onsite method for evaluating the toxicity of forensic samples. Related Articles | Metrics

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Intellectual Impairment Assessment of Patients with Mild Psychiatric Impairment Due to Road Traffic Accident TANG Tao-1, ZHANG Qin-Ting-1, 2 , CAI Wei-Xiong-1, HUANG Fu-Yin-1, FAN Hui-Yu-1 2014(3): 36-39.  Abstract ( )     Objective To explore the methods to assess the intellectual impairment of patients with mild psychiatric impairment due to traffic accidents. Methods The value of intelligence test in the intellectual impairment assessment of patients with mild psychiatric impairment was explored and analyzed. Results There was significant difference of intelligence impairment constituent ratio among groups in different characteristics of brain injury. Scale IQ was related with the brain injury. Differences were only observed between the diffuse secondary injury group and the local secondary injury group, as well as the local secondary injury group and the mixed injury group. And there was no significant difference of intelligence impairment constituent ratio among groups of different levels of brain injury. Scale IQ was inversely proportional to the level of brain injury, and there were significant differences between all the different groups, except the moderate and severe ones. Besides, both the intelligence damage and the Scale IQ were proportional to the level of mental impairment. But Scale IQ was not the only standard to evaluate intelligence impairment. Neither was the intelligence impairment the only source to mental impairment. Conclusion Intelligence test has a certain reference value on the evaluation of intelligence impairment and mental impairment. But the evaluation should also take other facts, such as brain injury, mental disorder, life and social function, etc., into consideration. Related Articles | Metrics

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30 Cases of Forensic Identification of Medical Radiographs and Image Materials LI Yuan, QING Si-Han, TU Meng, LUO Ying-Zhen, CHEN Xiao-Gang, DENG Zhen-Hua 2014(3): 40-42.  Abstract ( )    Objective To explore the principle, procedure and characteristics used to identify medical radiographs and image materials in forensic practice. Method 30 cases of forensic identification of medical radiographs and image materials were reviewed. Data of the amount and type of medical radiographs and image materials, the identification characteristics and their categories, and the time interval between projection and examination, were analyzed. Results Thorax X-ray images were the most common materials for identification. There were 33 characteristics which fell into six categories: unique characteristics, bone structure variation or malformation, disease or retrogression, post-traumatic pathological changes, multi consistencies between medical results and normal retrogressions. Conclusion Examining the medical image materials is the prerequisite of accepting a case of forensic identification. The type of materials, the body part and the condition should be taken into consideration when choosing relative characteristics in the comparison and identification. The unique characteristics are always preferred. A comprehensive application of different characteristics is recommended in the forensic practice. Related Articles | Metrics

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Application and Research Progress of Surface Electromyography in Limb Muscle Function Assessment CHENG Dong-Mei-1, 2 , ZHOU Xiao-Rong-2, FAN Li-Hua-2 2014(3): 43-46.  Abstract ( )   The assessment of limb muscle function is an important subject in forensic medicine. How to quantitatively assess the muscle activity and function while the muscle is in active contraction or evoked postural response is of great significance to clinical forensic medicine. Surface Electromyography （EMG）, by the electrode affixed on the muscle, records the EMG indicators in the muscle activity and reflects the muscle function quantitatively. Therefore, it can be applied in the assessment of limb function. This paper reviews the surface EMG’s application and recent progress in assessing the limb function in active response and evoked postural response. Related Articles | Metrics

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Forensic Expertise of the Cause of Death Related with Chest Injury in Litigations CHEN Yu-Lin-1, FENG Zong-Mei-2 2014(3): 47-49.  Abstract ( )   The forensic expertise of the cause of the victim’s death in personal injury cases not only affects the sentencing, but also determines the nature of the case. But in the forensic practice, some conclusions of the cause of the victim’s death are based on the deduction that is not exclusive and cannot bear scrutiny. This kind of forensic conclusions will influence the processing of the case. The present article discusses this question through the analysis of several cases, in order to promote the evidence value of forensic conclusions on the cause of death and the credibility of forensic expertise. Related Articles | Metrics

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Application of Plant DNA Testing Technology in Homicide Scene Reconstruction WANG Yan-Xue 2014(3): 53-57.  Abstract ( )   Plant DNA testing, which is base on the stable state of plant genetic traits, is a technology to detect and identify important plant evidence at crime scene. Whether or not to utilize it depends on the assessment of plant evidence’s value in the crime scene reconstructing, which mainly refer to the important relativity between the plant evidence and the suspect, the victim and the environment. In order to reconstruct the crime scene, the investigation and analysis should be carried out from three aspects: the comparison between the plants at the scene and those attached to the suspect or the materials controlled by the suspect; the comparison between the plants at the scene and those attached to the victim’s body and related stuff; the comparison between the plants attached to the suspected lethal weapon and those associated to the suspect’s behavior. Plant DNA testing technology could prove the rule of the material evidence: they distribute specificly in certain time and space. This technology could provide reference solutions for homicide scene reconstruction. Related Articles | Metrics

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The Application of Systematic Examination in the Sequence Identification of Printing and Stamping CHEN Xiao-Hong-1, 2 , LUO Yi-Wen-1, BIAN Xin-Wei-1 2014(3): 58-62.  Abstract ( )    Sequence identification of printing and stamping can be analyzed by examining the cross section of the two parts. It is an important subject of questioned document examination and plays an important role in the authenticity of questioned documents. Every document is a system composed of multi-elements. This paper introduces the principle and method of systematic examination, and its application in sequences identification by three cases from forensic practice. The integrated application of various examination methods is emphasized. To improve the identification accuracy, the authors advocate using systematic examination in the sequence identification of printing and stamping, as it helps examiners grasp the features of the cross sections. Related Articles | Metrics

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The Application of Local Morphological Characteristics of Mastoid Lines in Fingerprint Examination JI Yong-Cheng 2014(3): 63-65.  Abstract ( )    Based on the study of the type, characteristics and examination method of local patterns of mastoid lines, this paper analyzed the application of local morphological characteristics of mastoid lines in fingerprint examination cases. It is demonstrated that the presented characteristics were operational, and could enhance the utilization of incomplete, less features and other difficult fingerprints. The local characteristics of mastoid lines are important supplements to regular fingerprint characteristics, which have practical significance in the fingerprint examination. Related Articles | Metrics

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On the Standard of Fingerprint Identification PENG Xiao 2014(3): 66-73.  Abstract ( )   This paper introduces several academic opinions on establishing the standard of fingerprint identification in China. After comparative analysis, the number requirement of features, by which identification conclusions could be made, is discussed. Based on recent progress of foreign academia, a new probability model to calculate the combined uniqueness of fingerprint features is proposed. With the new probability model, it is concluded that using eight features is reasonable in fingerprint identification. Related Articles | Metrics