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2014 Issue 4 (Total No. )
Published: 15 July 2014 Previous Issue    Next Issue

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Guarantee Appraisal Quality from the Appraisal System and Litigation Procedure 2014(4): 1-9.  Abstract ( )   The appraisal quality is the lifeline of appraisal activities and appraisal opinions. The appraisal activities and appraisal opinions are concerned with two aspects: the appraisal system and the litigation procedure. To improve and guarantee the appraisal quality, we should work along both lines and take multiple measures. First, we should control the setup of appraisal institutions and the admittance of appraisers so as to check on the potential appraisal organs. Second, in the startup of appraisal and the empanelment of appraisers, we should fully respect and endeavor to coordinate the wills of the parties in the litigation, especially the litigants, to check on the actual appraisal organs. Finally, we should reasonably regard the evidence status of appraisal opinions, break its halo of “scientific evidence”, and return to its original status as “opinion evidence”. We should fully safeguard each party’s right to cross-examination according to law, especially the right of cross-examination against appraisal opinions with the expert’s help, and guarantee the quality of appraisal opinions to effectively prevent misjudging cases caused by it. Related Articles | Metrics

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The Right Way to Correct the Disorder of Forensic Appraisal in Chinese Judicial Practice GUO Hua 2014(4): 10-16.  Abstract ( )   The forensic appraisal system as a part of the judicial system plays a special role in litigations. However, in the juridical practice, the disorder of appraisal appeares because responsibilities of some organizations are not fulfilled. Especially, there exist “appraisal scalpers” triggered by “litigation brokers” nowadays, which even aggravates the chaos in the forensic appraisal system. Due to insufficient theoretical research on the disorder, the misplaced analysis of the judicial practice to this phenomenon has interfered with the direction of the reform of the forensic appraisal system to some extent. Based on this, deepening the reform of the?forensic appraisal system?needs to strengthen the administrative effectiveness and to improve the appraisal ability, and needs the court to play the role of “goalkeeper” actively in the practice and to perform the duties to control appraisal initiation and utilization of appraisal. With the help of the appraisers’ testimony in court, repeated appraisal can be controlled. Meanwhile, by securing the parties’ right to appraisal, appraisal opinions can be accepted by the court, so as to discourage the parties’ desire to appraisal repeatedly, and the disorder in judicial practice can be corrected. Related Articles | Metrics

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Analysis of the Cause of Chaos in Forensic Appraisal Service in China 2014(4): 17-19.  Abstract ( )   In a way, other evidence is unable to replace the role of forensic appraisal in current judicial practice. Forensic appraisal is also an important means to guarantee the fairness of judiciary. However, forensic appraisal service is chaotic due to the reform of forensic appraisal system. This is not only inconsistent with the function of the system, but also leading to occurrence of wrong cases, which has aroused wide attention. This paper discusses the causes from three aspects: the absence of scientific design of the forensic appraisal system, the serious administrative problems, and the issues worsened by market operation environment. The author expects that improvement can be worked out in these aspects. Related Articles | Metrics

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The Negative Effect and Countermeasures of Forensic Appraisal’s “Marketization” 2014(4): 20-24.  Abstract ( )   Marketization of forensic appraisal is one of the essential characteristics of forensic institutions that are intended to provide public services, and is also the inevitable development of the forensic appraisal institutions. Under the influence of the adverse market factors, "marketization" causes "chaos", which is contrary to the requirement of being fair, objective, good faith and law-abiding, To explore the reason of the chaos in the process of marketization of forensic appraisal and the countermeasures is very important to ensure the objectiveness and fairness of forensic appraisal. Related Articles | Metrics

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Analysis of 65 Reassessment Cases of Pelvic Fracture Impairment 2014(4): 25-27.  Abstract ( )   Objective To discuss how to correctly understand and use the assessing terms referring to pelvic fracture， and to establish scientific standards for forensic practice， by investigating controversial impairment assessment cases of pelvis fracture in traffic accidents and analyzing the problems in the primary assessments. Methods 65 impairment assessment cases of pelvic fracture in traffic accidents reappraised by Shanghai Forensic Appraisal Center from 2006 to 2013 were collected. The primary and reappraised opinions were analyzed and compared. Result The main problems of those primary appraisals， in which the expert opinions had been changed in the reappraisal， included inappropriate assessing time， insufficient materials and misunderstanding of the terms. Conclusion To improve the quality of pelvic fracture impairment assessment， the professional skills of forensic experts should be improved and a unified standard should be established. Related Articles | Metrics

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Suggestions to Normative Diagnosis of Sudden Infant Death Syndrome MA Su-Hua, TANG Shuang-Bai, QUAN Li 2014(4): 28-32.  Abstract ( )   The diagnoses of Sudden infant Death Syndrome (SIDS) are judgments of the cause and the manner of death, which is currently a difficulty in forensic medicine. In China, due to substandard autopsy and inadequate information collecting from the scene and the clinical history, the diagnosis of SIDS is de-normalized. Thus, two suggestions are proposed in this article to normative diagnosis of SIDS: 1) standard autopsy of infants; 2) using infant death survey form to collect information of the circumstances of death and the clinical history. Related Articles | Metrics