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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

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    Special Topic Discussion: Building Forensic Appraisal Credibility
    The Endogenous Basis of the Credibility of Forensic Appraisal and the Optimization of Its Promotion Path
    GUO Hua
    2021(5): 1-8.  DOI: 10.3969/j.issn.1671-2072.2021.05.001
    Abstract ( )   PDF (1296KB) ( )  
    Forensic appraisal has the problem of insufficient credibility in the process of deepening the reform of its management system and mechanism. Enhancing and improving its credibility have become one of the urgent problems to be solved in the reform. It appears that the authority of forensic appraisal is absent, which in essence reflects the lack of confidence in its scientificity. The credibility of forensic appraisal is subject to a lot of mistrust derived from the steering of public opinion, disputes between the parties and the evaluation of the user department. It stems from the negative effect of excessive reliance by some judges on appraisal opinion as evidence instead of facts finding, and is rooted in the erosion of its reliability and the reduction of its credibility. To solve this problem, we need to reduce the factors affecting the credibility of forensic appraisal from the outside, eliminate the deviation of understanding and the misleading public opinion, build the internal foundation of the scientificity of forensic appraisal, and maintain its credibility by respecting the scientificity of forensic appraisal, so as to obtain the authority of forensic appraisal and improve its credibility.
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    The Improvment of Civil Forensic Appraisal System from the Perspective of Civil Evidence Rules Reform
    YANG Xiaoli
    2021(5): 9-19.  DOI: 10.3969/j.issn.1671-2072.2021.05.002
    Abstract ( )   PDF (1583KB) ( )  
    Civil forensic appraisal system involves civil evidence system and forensic appraisal management system, and its improvement needs “coordinated rush” of the two systems. From the date of its emergence, the two systems have different definitions of its meaning, and the process from disagreement to unification is also the process of its positioning. Along the line of historical development, the reform of civil evidence system including the civil appraisal system is sorted out. The reform of the civil evidence system centered on the reform of burden of proof has brought improvement of the appraisal system in all aspects. For the problems to be solved, it is necessary to realize the scientific cognition of the appraisal system, the clear positioning of appraisers, the content of the right of appraisal interpretation and the clarification of the relationship between forensic appraisal and burden of proof. Of course, the enactment of Civil Evidence Law is also the call of the new era.
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    Evidence Effect of the Party’s Self-Entrusted Appraisal from the Perspective of the Credibility of Forensic Appraisal
    SHI Changqing
    2021(5): 20-31.  DOI: 10.3969/j.issn.1671-2072.2021.05.003
    Abstract ( )   PDF (1818KB) ( )  
    It is a practical problem closely related to the credibility of forensic appraisal to judge the validity of appraisal entrusted by parties themselves. As an important means for parties to obtain evidence, the qualification of appraisal entrusted by parties as evidence has been recognized by law, but the rule of reviewing its weight of proof has been in a vague state for a long time. The main reason is that the nature is not clear, and there are long-standing theoretical disputes regarding the nature of forensic appraisal, such as expert opinion, witness testimony, documentary evidence and parties' statement. In view of the strict proof system mainly adopted in China, if a certain evidence material is excluded from the statutory evidence category, it will not be able to clarify the rule of evidence review and judgment. Therefore, it is necessary to classify the appraisal entrusted by the parties into the most similar legal evidence category, namely documentary evidence. However, different from ordinary documentary evidence, the review of evidence validity of private appraisal opinion focuses on its weight of proof, and the review process should be divided into four stages: evidence presentation, preliminary confirmation of weight of proof, cross-examination, and final confirmation of weight of proof. In addition, compared with other evidence, appraisal entrusted by court or by administration is generally of greater probative force than that entrusted by parties themselves, while the appraisal entrusted by the parties unilaterally is weaker than that entrusted by the parties jointly, but it should still be analyzed in specific cases. 
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    Reflection on the Credibility of Forensic Appraisal and Choice of Resolving System Mechanism
    ZHU Jinfeng, WU Hejian
    2021(5): 32-46.  DOI: 10.3969/j.issn.1671-2072.2021.05.004
    Abstract ( )   PDF (2312KB) ( )  
    As a typical representative of applying natural science and technology to solve factual problems in litigation, forensic appraisal has played a key role in promoting judicial modernization and forensic justice. The parties to the litigation have given great trust in appraisal opinions. However, as problems continue to be exposed, it has also been criticized by all walks of life. To re-establish the credibility of forensic appraisal, in addition to a correct understanding of the evidence validity of forensic appraisal in terms of concepts and avoiding the situation of “following appraisal only”, it is also necessary to observe appraisal from the management perspectives such as management mode, management scope, and management methods, and from the perspective of litigation such as appraisal initiation, appraisal implementation, and from evidence perspectives such as appearance of appraisers, expert assistants, and authentication of appraisal opinions, so as to improve forensic appraisal credibility. At the same time, it is necessary to reinterpret some concepts such as the enforcement of the party’s right to apply for appraisal, the application of technical standards of appraisal, and the basic mode of admissibility of appraisal opinion, so as to correct the microscopic misunderstandings in the theoretical and practical circles.
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    Research on the Probative Power of Appraisal Opinions and Expert Opinions in Environmental Litigation
    WANG Canfa, ZHANG Tianze
    2021(5): 47-54.  DOI: 10.3969/j.issn.1671-2072.2021.05.005
    Abstract ( )   PDF (1349KB) ( )  
    Professional opinions (expert opinions and expert consultation) in environmental litigation play an irreplaceable role in finding out facts of a case and correctly applying the law. At present, China lacks specific and clear legal provisions on the probative power of professional opinions. Phenomena such as “relational appraisal” and “experts out of court” have led, to a certain extent, to the disposition and confusion of the probative power of professional opinions. In order to strengthen the probative power of professional opinions in environmental litigation, efforts should be made from the aspects of expert selection, evidence presentation, professional orientation and optimized participation, and to promote the reform and progress of legislation. That is, for forensic appraisal, a special environmental forensic expertise organization platform should be established, to protect the right of parties in environmental litigation to apply for appraisal under the guidance of judges; to explain the demonstration process and influencing factors of expert opinions in court; to unify and standardize the qualification of environmental forensic appraisal and evaluation institutions. In the amendment of relevant laws, the right of the parties to entrust appraisal by themselves shall be confirmed. For expert advice, the scope of “experts” should be expanded. Expert opinions shall be presented objectively. Expert opinions shall be “professional”. We should also explore the possibility of establishing expert jury system in environmental litigation.
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    Research on Related Issues of “Wrong Appraisal” from the Perspective of Forensic Appraisal Credibility
    LIU Yu, FANG Fang, ZHAO Rui
    2021(5): 55-64.  DOI: 10.3969/j.issn.1671-2072.2021.05.006
    Abstract ( )   PDF (1533KB) ( )  
    Solving the problem of wrong appraisal is the key to improving the credibility of forensic appraisal, but whether an appraisal opinion can distinguish between right and wrong is controversial in theory and practice. Discriminate the feasibility of defining wrong appraisal from the perspective of judicial identification should pursue relative truth and subjective opinions should also have objective standards; discriminate the necessity of solving the problem of wrong identification in practice; define the connotation, extension and extension of wrong identification Features: It is proposed to establish a standard system for the evaluation of the appraisal opinion entity to measure the wrong appraisal, and reasonably set up operating procedures under the existing legal framework, and give full play to the role of the “expert database” to solve the problem of wrong appraisal. In order to improve the credibility of forensic appraisal, it is necessary to start with solving the main contradictions and dialectically treat the problem of wrong appraisal.
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    Forensic Review

    Application of Paper Spray-Mass Spectrometry in Forensic Toxicology

    JIANG Shijia, YAN Hui, SHEN Min
    2021(5): 65-74.  DOI: 10.3969/j.issn.1671-2072.2021.05.007
    Abstract ( )   PDF (1216KB) ( )  

    Paper spray-mass spectrometry PS-MSutilises the emerging open ionisation technique, paper spray ionisation PSI, to enable rapid screening and quantitative detection of target compounds and has been applied in areas such as clinical drug monitoring, forensic toxicology and food safety. The technique is simple to use, allows rapid analysis of samples without pretreatment and is effective in reducing matrix effects in the detection of complex biological samples.This paper reviews the principles, development, key parameters, optimization methods, quantitative methods of PS-MS and its applications in forensic toxicology are also discussed, aiming to promote the development and application of PS-MS in forensic toxicology.

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    Color Analysis of Common Trace Evidence

    HU Can, ZHU Jun, MEI Hongcheng, GUO Hongling, ZHENG Jili, LI Yajun
    2021(5): 75-81.  DOI: 10.3969/j.issn.1671-2072.2021.05.008
    Abstract ( )   PDF (1484KB) ( )  
    Color is one of the important characteristics of trace physical evidence such as soil, fiber and paint, and color analysis is an important content in achieving accurate identification of physical evidence. However, the color analysis of physical evidence in the field of forensic science in China is still largely dependent on visual observation and subjective description, which is not conducive to the use of color as scientific evidence in the trial. By introducing the characteristics of RGB color model, Munsell color model, and Lab color model, and by summarising the factors that affect the color of soil, fiber and paint, this paper identifies the causes of colour variation in evidence. The paper then summarises the characteristics and applications of commonly used colour analysis methods such as visual inspection, spectrum method and machine vision method, and puts forward corresponding suggestions for the future work direction of color analysis, with a view to providing a reference for colleagues engaged in the study of trace physical evidence in China.
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    Forensic Science

    Reconstruction of Pedestrian Vehicle Collision Accident and Research on Pedestrian Injury

    ZENG Wenming, CHEN Jiqing, LAN Fengchong, WEI Dan
    2021(5): 82-88.  DOI: 10.3969/j.issn.1671-2072.2021.05.009
    Abstract ( )   PDF (5092KB) ( )  

    Objective Vehicles collision with pedestrians has caused heavy losses of people's lives and property. Studying the biomechanical response of pedestrians in real accidents is of far-reaching significance for the protection of vulnerable road groups and reducing casualties. Methods This paper combines PC-Crash and MADYMO simulation software to carry out accident reconstruction and human injury recurrence analysis on a real traffic accident. Firstly, Through PC-Crash analysis, the collision parameters that are consistent with the accident data can be obtained. Then the multi-rigid body model and pedestrian zoom model will be established, and these parameters were applied to MADYMO model as boundary and initial conditions. Results The simulation model can reproduce the collision movement of the pedestrian in the accident. The biomechanical response parameters of the head and lower limbs obtained by the simulation are in good agreement with the pedestrian injury diagnosis results. Conclusion The results have shown that accident reconstruction and damage reconstruction can use MADYMO and PC-Crash coupling calculation methods. The methods not only can simplify the analysis of the actual traffic accident reconstruction, but also prove the effectiveness of the model and method. An effective tool for studying the injury parameters of vulnerable road groups which has reference value for the forensic identification of traffic injuries and the deepening of the research on the mechanism of traffic injuries.

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    Influence of Mask Wearing on Identification of Human Images

    LU Qimeng, MAO Xiao, LING Rong, CHEN Xiaohong, ZENG Jinhua, GENG Puyang, SUN Weilong, BIAN Xinwei, SHI Shaopei
    2021(5): 89-94.  DOI: 10.3969/j.issn.1671-2072.2021.05.010
    Abstract ( )   PDF (4833KB) ( )  

    Objective To study the influence of mask-wearing on the facial features used in identification of human images, by comparing the changes of characteristics before and after wearing a mask. Methods Based on the classification of the features used in the identification method for portraits, this paper measured the shielding area of the face of 7 volunteers who were wearing three common types of masks, and analysing the distribution of the characteristics at the shielding areas of the masks as shown in the photos of 197 groups of portrait photos. Results Through measurement and statistics, it was found that 40%-45% of the face area was covered by the mask, and about 42% of the specific features were distributed in the area covered by the mask. Conclusion The analysis based on the experimental results can measure the value of the feature reduction and changes brought about by wearing masks, and issue scientific and credible identification opinions according to relevant identification specifications.

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    Forensic Forum

    Perspectives on the Application and Reference of Care Dependency Identification Criteria in Long-term Care Insurance Systems

    LIU Shilin, WANG Xu
    2021(5): 95-102.  DOI: 10.3969/j.issn.1671-2072.2021.05.011
    Abstract ( )   PDF (1075KB) ( )  
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    The Application of Pre-litigation Appraisal in the Practice of Civil Litigation in China 

    SONG Fangming, REN Yaxiao
    2021(5): 103-110.  DOI: 10.3969/j.issn.1671-2072.2021.05.012
    Abstract ( )   PDF (1930KB) ( )  
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