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2021 Issue 3 (Total No. 0)
Published: 05 July 2021 Previous Issue    Next Issue
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Forensic System
Forensic Review
Forensic Science
Forensic Forum
Litigation and Case Report


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Forensic System

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The Criminal Regulations of the Act of Fraud Insurance by False Identification of Disability LI Zhenlin 2021(3): 1-9.  DOI: 10.3969/j.issn.1671-2072.2021.03.001 Abstract ( )   PDF (1492KB) ( )   The false disability appraisal in the fraud of insurance is a typical and common phenomenon in false forensic appraisal in recent years, which mainly takes the form of “personal disability scalpers” colluding with appraisers to defraud insurance money, the insured colluding with appraisers to defraud insurance money, or the injured, “personal disability scalpers” colluding with appraisers to defraud insurance money. At present, there are some problems in the criminal regulation regarding false disability appraisal in the fraud of insurance, such as different application of charges and different identification of principal and subordinate status of appraisers. The application of charges on false disability appraisal in the fraud of insurance should follow the principle of exhaustive judgment, starting with the purpose behavior and the means behavior, examining each possible crime of the doer, and finally determining it according to the theory of the number of offenses. The determination of the status of appraiser should be divided into three stages in a joint crime: in the forming stage of a joint crime, judging whether the appraiser plays a major role in the formation of the intention of joint crime; in the implementation stage of a joint crime, judging whether the appraiser is the perpetrator of fraud crime and actively participating in the implementation; in the completion stage of a joint crime, judging the role of the appraiser in the occurrence of the harmful result, with consideration of the distribution of the proceeds of the crime. Related Articles | Metrics

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Research on Forensic Appraisal System of Environmental Damage  JIANG Yajuan, XIAO Geyu 2021(3): 10-20.  DOI: 10.3969/j.issn.1671-2072.2021.03.002 Abstract ( )   PDF (1941KB) ( )   As the domestic society and the international community pay more attention to the environment, in the process of building up rule of law in China, there is an urgent need to establish a legal system in the environmental field. The construction of environmental damage assessment forensic appraisal system in environmental litigation, which is a guarantee of evidence in environmental litigation,  is still in the early stage of development, and there are still some problems, such as imperfect legal norms, low quantity, low quality and high price charged by professional forensic appraisal institutions, and overlapping responsibilities of management departments. Therefore, with comparative analysis of US, Italian and Japanese experience and the special knowledge of forensic appraisal, it is necessary to establish a special fund bank for environmental damage assessment based on environmental tax by combining the special legal documents and the current legal system, and to seek a regulatory system led by the judicial department and coordinated among multiple departments. Related Articles | Metrics

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The System of Quality Control Measures in Forensic Science and Perspective on Domestic  Practice ZHOU Guixue, ZHOU Shi, TU Shun 2021(3): 21-35.  DOI: 10.3969/j.issn.1671-2072.2021.03.003 Abstract ( )   PDF (2160KB) ( )   Related survey shows that the defects and errors of the  forensic science opinion may directly lead to fact-finding errors and judgment errors in the trial, which has become a major reason for the occurrence of wrongful convictions. Therefore, the quality control of forensic science has become a common topic in the field of forensic science throughout the world. Forensic science techniques are facing with the challenge of scientific validity and accuracy issues in the process of quality control, and in the process of practice it is also facing with issues about implementing standards, personnel eligibility, etc. Effective forensic science quality control includes both the scientific operation of each link in the process of monitoring, and the establishment of a good professional culture and the related mechanism. Quality control measures around the world show that the forensic science quality control is made up of six basic quality control measures to set up the system. In the process of forensic science quality control system in our country, each measure and the relationship among them must be given full attention, and their operation status and the existing problems must be examined, thus we can make clear the developing direction of forensic science quality control. Related Articles | Metrics

Forensic Review

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RNA and Its Research Progress in Forensic Genetics ZHANG Jiayi, XU Qiannan, CHEN Liqin, ZHAO Zhenmin, LIU Xiling 2021(3): 36-44.  DOI: 10.3969/j.issn.1671-2072.2021.03.004 Abstract ( )   PDF (922KB) ( )   DNA genetic markers have been playing a leading role in the application and research of forensic genetics. With the development of molecular biology detection technologies, more and more genetic markers, such as DNA methylation and RNA, can be applied in forensic genetics. As an indispensable bridge for expression of individual genetic information, RNA has its unique application value due to its various characteristics such as tissue specificity and time specificity. In recent years, many scientists tried to apply it to many fields of forensic research, which can be used for inferring death time, cause of death, wound formation time, speculation of scar formation time, and body fluid source and age inference, etc. In order to further explore the application value of RNA in forensic genetics, we will review the recent research and application of RNA in forensic genetics. Related Articles | Metrics

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Progress of Oil Red O Method  REN Jianxin, ZHANG Xiaomei 2021(3): 45-51.  DOI: 10.3969/j.issn.1671-2072.2021.03.005 Abstract ( )   PDF (1392KB) ( )   As a kind of legal evidence, fingerprints play an important role in the investigation and litigation stage. According to the different substances deposited by fingerprints, the methods of fingerprints development are also different. Physical developer is a standard method to deal with latent fingerprints on wet and porous objects. It can show excellent results for fingerprints in lipids, but physical developers have inherent defects. Since Oil Red O was applied to the field of forensic science, it has received widespread attention because it is more practical and cost-effective than physical developer to a certain extent. In this article, the development process of Oil Red O is briefly summarized, the advantages and disadvantages of the original formula and the improved formula of Oil Red O are summarized in various aspects, and the appearance of two methods of Oil Red O and physical developer under various conditions are compared. In addition, the effect and position of Oil Red O in the application sequence of fingerprint development methods are summarized. This article provides a certain reference for the development, use and promotion of Oil Red O. Related Articles | Metrics

Forensic Science

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Rapid Screening of γ-hydroxybutyric Acid（GHB）and Fluoroacetate in Suspicious Samples by Direct Analysis in Real Time (DART) Coupled to High Resolution Mass Spectrometry (HRMS) LIAN Ru, WU Zhongping, LIANG Chen, ZHANG Yurong 2021(3): 52-57.  DOI: 10.3969/j.issn.1671-2072.2021.03.006 Abstract ( )   PDF (752KB) ( )   Objective A DART-HRMS method was developed for the rapid detection of gamma-hydroxybutyric acid and fluoroacetate in suspect samples. Methods According to the morphology of the samples, direct injection or injection after aqueous solution immersion was adopted. 12 Dip-it Samplers was used for injection. The instrument parameter were optimized to obtain the sensitive and accurate determination for GHB and fluoroacetate．In the negative ion mode , high intensity of [M-H]- ions were observed in Full MS mode with the sample introduction rate of 0.4 mm/s and by utilization of high purityhelium gas at 400 ℃． Results That the LODs of GHB in water, cola, iced tea and milk were 0.1, 0.5, 0.5 , 0.1μg/mL respectively. The LODs of fluoroacetate in water, vinegar, soy sauce and rapeseed oil were 0.01, 2, 2, 0.1μg/mL separately. This could meet the requirements of forensic science laboratory for the detection of the non-biological samples. This screening method would show its outstanding advantages including fast response, high-throughput potential to detect GHB and fluoroacetate in suspected samples. Conclusion  Local forensic laboratory we reanalyzed to testify the utility of the method. In the cases with complex and diverse samples, the positive and negative samples could be quickly identified, which could also provide a reference for the pre-treatment steps and prevent the high concentration samples contaminating the GC-MS or LC-MS instruments. Related Articles | Metrics

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Composition Profile of the Synthetic Routes of Methamphetamine ZHENG Xiaoyu, ZHAO Yanbiao, QIAN Zhenhua, WEN Wu, ZHENG Hui 2021(3): 58-64.  DOI: 10.3969/j.issn.1671-2072.2021.03.007 Abstract ( )   PDF (767KB) ( )   Objective To deduce and recognize the synthetic routes of methamphetamine, and to implicate the current trend of its manufacturing method and the drug network. Methods Based on the advanced technologies including GC-MS, LC-MS, NMR and IRMS, the related information of seized methamphetamine can be inferred. Results The synthetic routes could be concluded by determining the characteristic recognition compounds in samples. The stable isotope ratio mass spectrometry was used to distinguish synthetic ephedrine, semi synthetic ephedrine and natural extracted ephedrine, and to trace the geographical origin of natural plants. The synthetic routes can provide vital intelligence for investigations of types and sources of raw materials and equipment used in clandestine labs, the correlation between different batches of seizures. Conclusion Composition profile-based recognition of the synthetic routes of methamphetamine is potential to lead to an increase in evidential value and intelligence from forensic drugs. Related Articles | Metrics

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Research of Time Factors on Microscopic Results of Identification of the Sequence between Stamps and Printed/Copied Document WANG Changliang, Lv Chen, LU Yan, ZHOU Guanglei, LI Biao 2021(3): 65-70.  DOI: 10.3969/j.issn.1671-2072.2021.03.008 Abstract ( )   PDF (29477KB) ( )   Objective Identification of the sequence between stamps and strokes is one of the key issues in the field of document inspection, which is affected by many factors such as the combination of pigments, etc. Microscopy was employed in this paper to study the influence of time factors on the inspection and identification results after the crossing between the stamps and the printed or copied document. Theoretical support was provided for identification of the sequence between stamps and strokes. Methods The microscopy was employed to conduct twice inspection on the same crossing position of the different combination of the photosensitive stamps and printed/copied document, the atomic stamps and printed/copied document, as well as the inkpad stamps and printed/ copied document, lasting 30 months. The changes between the former and later pictures were investigated. Results There were no obvious changes for the twice pictures of the combination of the sequence between the photosensitive stamps and and the printed/copied document, as well as the combination of the sequence between the atomic stamps and the printed/copied document. However, obvious changes were appeared between the former and later pictures for the combination of the sequence between the inkpad stamps and the printed/copied document. Conclusions Although there were obvious microscopic changes for the combination of the sequence between the inkpad stamps and the printed/copied document, the correct results could be identified, as long as the basis for the identification of the sequence between the stamps and strokes was grasped accurately. Therefore, the time factors of 30 months had no obvious effects on the microscopic identification of the sequence between the stamps and the printed/copied document. Theoretical support was provided for identification of the sequence between stamps and strokes in this study. Related Articles | Metrics

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Characterization of Regular Office Scanner MA Chenjun, WANG Zhongyang, ZHANG Qinghua 2021(3): 71-76.  DOI: 10.3969/j.issn.1671-2072.2021.03.009 Abstract ( )   PDF (6140KB) ( )   Objective To study the various characteristics and its applications of office scanners left on the documents during scanning process. Methods By comparing the similarities and differences of various characteristics from the experimental samples of documents to be scanned, scanning documents and printing documents after scanning, then analyzed the external pattern and application value of the above characteristics. Results The defect features of the scanners are easily to be mixed with the  printing trace features. However the species traceability of inherent characteristics of the scanners are strong. Conclusion The inherent characteristics of the scanners are unique. It is not only an important species characteristics to determine whether the questioned documents to be inspected have been scanned, but also provides a basis for tracing the scanning devices. Related Articles | Metrics

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Retrospective Analysis of 55 Informed Obligation Related Medical Damage Cases SONG Jianwen, WU Yuhong, LIU Bin 2021(3): 77-82.  DOI: 10.3969/j.issn.1671-2072.2021.03.010 Abstract ( )   PDF (867KB) ( )    Objective To study the characteristics of judicial expertise cases of medical damage related to violation of notification obligation, and to distinguish informed notification and informed consent. Methods  55 cases of medical damage liability disputes in violation of the duty of disclosure were reviewed, and the grades and departments of hospitals were divided. The forms and ways of failure to fulfill the duty of disclosure were classified and statistically analyzed. Results Most of the cases occurred in tertiary and secondary hospitals, accounting for 90.9%; Violation of the obligation to inform mainly occurred in obstetrics and gynecology department and orthopedics department; There are 67 faults in violation of the duty of informing, including 42 faults of failing to inform, 21 faults of insufficient informing, 2 faults of delaying informing, 1 fault of informing and 1 fault of informing but not agreeing; There are 16 faults that are presumed not to fulfill the obligation of disclosure to participate in the consequences of damage, of which 15 are minor causes, 1 is the main cause, and 51 faults are presumed not to participate in the consequences of damage. Conclusion In the judicial appraisal of medical damage caused by informed consent disputes, it is necessary to investigate whether the medical institution has informed, whether the informed is sufficient, whether the informed is wrong or delayed according to the tort liability law, relevant laws and regulations, department rules and clinical practice. Analysis of medical staff have the obligation to inform and bear the responsibility for medical damage. Related Articles | Metrics

Forensic Forum

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Empirical Study on Expert Assistant System in Civil Procedure DAI Changchan, WU Zhengxin 2021(3): 83-87.  DOI: 10.3969/j.issn.1671-2072.2021.03.011 Abstract ( )   PDF (1031KB) ( )   Related Articles | Metrics

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Observation of Environmental Damage Forensic Object and Its improvement — Analysis Based on Environmental Tort Litigation ZHU Jinfeng 2021(3): 88-94.  DOI: 10.3969/j.issn.1671-2072.2021.03.012 Abstract ( )   PDF (1116KB) ( )   Related Articles | Metrics

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On the Independence of Criminal Forensic Appraisal in China WEN Yunyun 2021(3): 95-98.  DOI: 10.3969/j.issn.1671-2072.2021.03.013 Abstract ( )   PDF (556KB) ( )   Related Articles | Metrics

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Identification of the Cause of Out-of-Control Vehicle Acceleration Based on the Structure of EDR and Accelerator Pedal Collapse HU Xiao, WANG Chen 2021(3): 99-103.  DOI: 10.3969/j.issn.1671-2072.2021.03.014 Abstract ( )   PDF (8484KB) ( )   Related Articles | Metrics

Litigation and Case Report

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A Case of Medical Damage Identification of Sudden Respiratory and Cardiac Arrest in Children with Tibial Fracture during Operation YU Jun, LUO Nan 2021(3): 104-106.  DOI: 10.3969/j.issn.1671-2072.2021.03.015 Abstract ( )   PDF (424KB) ( )   Related Articles | Metrics

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A Case of Civil Capacity Appraisal of Previous Borrowing and Lending Behavior 汤 涛，刘 超 TANG Tao, LIU Chao 2021(3): 107-109.  DOI: 10.3969/j.issn.1671-2072.2021.03.016 Abstract ( )   PDF (484KB) ( )   Related Articles | Metrics