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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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    Forensic System

    Research on Expert Juror System under the Background of Specialization of Environmental Justice

    SUN Youhai, YANG Fan
    2022(1): 1-8.  DOI: 10.3969/j.issn.1671-2072.2022.01.001
    Abstract ( )   PDF (1125KB) ( )  

    In order to correctly identify the evidence and facts in the trial of environmental cases and improve judicial credibility, it is suggested to establish a system for expert jurors to participate in the trial of environmental cases. Environmental cases are highly professional, technical and complex. The direct participation by expert jurors in the trial can make up for judges?謘 lack of environmental professional knowledge and solve technical problems in the trial of environmental cases, which is of great significance to scientifically identify the facts of the case, effectively supervise the trial work of the people court and effectively improve the credibility of environmental justice. Based on the experience of intellectual property trial and the pilot practice of local courts, it is suggested to establish system of expert jurors selection, trial participation, supervision and guarantee for expert jurors to participate in the trial of environmental cases, as well as the relevant auxiliary mechanism for expert jurors to participate in the trial of environmental cases. It is suggested to start the legislative work relating to the participation of expert people assessors in the trial of environmental cases. At present, relevant judicial interpretations can be formulated first to make corresponding legislative preparations for the amendment of the People Assessors Law. 

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    Research on the Application of Virtual Governance Cost Method in Forensic Appraisal of Environmental Damage

    YE Mai, SONG Yixin, CHEN Jialiang, ZHANG Lulu, ZHANG Jingru, YU Xuan, YE Xiaojing, YANG Zetao, HUANG Qiusen, WANG Lin
    2022(1): 9-16.  DOI: 10.3969/j.issn.1671-2072.2022.01.002
    Abstract ( )   PDF (2181KB) ( )  

    As a common environmental value evaluation method, virtual governance cost method plays an important role in the investigation of environmental pollution liability. This paper systematically sorts out relevant definitions, application scope and evaluation process of the virtual governance cost method, and analyzes the time distribution, regional distribution, pollutant categories, environmental receptors and appraisal institutions of typical domestic cases from 2014 to 2020 (based on the judgment date), so as to sort out the practical application of this method, summarize the experience and problems of Chinas virtual governance cost method in the process of appraisal practice. The key links involved in the existing problems are discussed, and the countermeasures and suggestions to further improve the technical practice of virtual governance cost method in the judicial practice of environment damage are put forward, which is of great significance to continuously optimize and standardize the application of this method and improve the forensic appraisal technology system of environment damage. 

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    Research on the Examination System of Technical Evidence in Procuratorate Organs

    CHEN Xianyu
    2022(1): 17-29.  DOI: 10.3969/j.issn.1671-2072.2022.01.003
    Abstract ( )   PDF (2454KB) ( )  

    The review system of technical evidence of procuratorate organs in China shows the functional characteristics of ensuring the quality of technical evidence, supervising and restricting the level of  technical evidence collection by public security organs, making up for the limitations of the system regarding relevant personnels absence  in court trial, and promoting the procuratorate organs to reallocate resources. The documents of the procuratorate organ for examining technical evidence expand the scope of technical evidence, clarify the sources and conditions of people with expertise for examination, and stipulate the guarantee of safety and cost, and obligations of examiners. However, in terms of the interpretation of the system development, the evidence review system still faces some problems, such as unclear system positioning, unsmooth supporting mechanism and shortage of internal technical resources. In order to implement the effective examination of technical evidence by procuratorate organs and give full play to the due role of technical evidence in cases, it is necessary not only to make it clear that the examination opinions of technical evidence are only used as trial reference and position the technical examiners as expert assistants, but also to establish a special system for the examination of technical evidence, further improve the review scope and starting conditions of technical evidence, reasonably allocate judicial technicians, establish a list of technical experts, and encourage and help technicians to improve their professional ability. 

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    Special Topic Discussion: Forensic Appraisal of Electronic Data

    Realistic Method of Massive Digital Forensics Evidence Examination

    ZHAO Xianwei, LIU Zheng, XU Yan
    2022(1): 30-37.  DOI: 10.3969/j.issn.1671-2072.2022.01.004
    Abstract ( )   PDF (4189KB) ( )  

    Effectively solving the problem of massive electronic data review is not only an urgent demand faced by front-line case handling prosecutors, but also an area that has not achieved a breakthrough in the field of Engineering Technology for a long time. In practice, we should not only balance the contradiction between the large amount of electronic data and the tight time limit for handling cases, but also face prominent problems such as the low awareness of prosecutors to actively review and use electronic data, the weak strength of relevant professional and technical personnel and the lack of relevant professional guidance. By combing the general model of judicial case handling, studying the precise demand scenario of judicial litigation for electronic data value mining, using artificial intelligence and big data technology to establish and improve the knowledge map of procuratorial case handling and review evidence, and realizing the in-depth and efficient mining of litigation value contained in electronic data are useful thoughts to break through this problem.

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    Design and Analysis of Proficiency Testing in the Field of Forensic Appraisal of Electronic Data—Taking the Functional Appraisal of Electronic Data in 2021 as an Example 

    GUO Hong, YANG Kai, GENG Puyang, LI Yan, LU Qimeng, LING Rong, JIA Rujing
    2022(1): 38-44.  DOI: 10.3969/j.issn.1671-2072.2022.01.005
    Abstract ( )   PDF (1914KB) ( )  

     As an important part of judicial procedures, electronic data judicial appraisal is of great significance to ensure the standardization of the forensic appraisal process and the correctness of judicial appraisal opinions for maintaining judicial justice. For electronic data judicial appraisal laboratories, proficiency testing is an effective means of quality control and improvement. As an important part of electronic data judicial appraisal, it is necessary to implement electronic data functional appraisal proficiency test for quality control. By reviewing the feedback of the electronic data functional appraisal proficiency test in 2021(2021SF-CNAS 034), this paper expounds relevant matters that should be paid attention to in the process of electronic data functional identification, analyzes the development status of domestic industries and regions in this field, the correctness of the feedback of participating institutions, the appraisal method, and the use of appraisal tools. This paper further discusses the current problems of proficiency testing in this field, summarizes the measures that can be taken, and prospects the future development of this field.

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    Exploring the Practice of Forensic Appraisal of Automotive Electronic Data

    SUN Yi, LI Yan, SHEN Changda, GUO Hong, HUANG Zhiwei, MAO Xiao, LI Zhijun
    2022(1): 45-53.  DOI: 10.3969/j.issn.1671-2072.2022.01.006
    Abstract ( )   PDF (4572KB) ( )  

    With the frequent occurrence of automobile related cases and the high attention of the media, automotive electronic data appraisal has gradually become a hot direction of electronic data appraisal. By analyzing the require ment of automotive electronic data appraisal, the typical requirements of appraisal are divided into accident investigation, trace tracing and function appraisal. Combined with the technical standards and appraisal tools of automotive electronic data appraisal, this paper systematically introduces the sources of main electronic data with evidence value in automotive, such as Electronic Control Unit (ECU), Event Data Recorder (EDR), In-Vehicle Infotainment (IVI), Vehicle Traveling Data Recorder(VDR) and dashboard camera, as well as the corresponding electronic data extraction methods. Combined with the practice of forensic appraisal, this paper puts forward an improved general framework of automotive electronic data appraisal, introduces two representative appraisal cases, provides theoretical support and operation guidance for relevant practitioners, and looks forward to the difficulties and development direction of automotive electronic data appraisal. 

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    The Current Situation and Challenges of Electronic Data Forensic Appraisal in Public Security Organs

    LIU Haoyang, YANG Xiulei
    2022(1): 54-59.  DOI: 10.3969/j.issn.1671-2072.2022.01.007
    Abstract ( )   PDF (763KB) ( )  

    Electronic data appraisal is an important basic work of public security organs in the information age and a killer maceto crack down on all kinds of crimes involving the Internet. Electronic data appraisal is an important part of electronic data forensics in public security organs. It plays an important role in determining the nature of cases (events) and providing basis for investigation and litigation. With the rapid development of electronic data appraisal and information technology, the field of public security organs continues to expand, the technical requirements are higher and higher, and the challenges are more and more. This paper briefly introduces the legal requirements, qualification and process of electronic data appraisal in public security organs, and expounds the challenges it faces.

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    Forensic Review

    Research Progress on Forensic Application of Blister Skin Injury

    WEI Haipeng
    2022(1): 60-65.  DOI: 10.3969/j.issn.1671-2072.2022.01.008
    Abstract ( )   PDF (13539KB) ( )  

    Blister skin injury is a common type of skin injury in the practice of forensic examination. At present, there is no special report. It can be caused by a variety of external factors, with epidermolysis and blister formation as the main changes. The injury factors include mechanical, physical, toxic and corruption, and show different morphological characteristics, which is of great significance to infer the time, mode and cause of death. Firstly, through literature review, this paper reviews the historical origin and research status of blister skin injury. Secondly, combined with forensic practice, this paper discusses the basic concept and basic structure of blister skin injury, tentatively puts forward the concept and definition of blister skin injury, and believes that its nature belongs to closed epidermal injury, which will be conducive to forensic pathology Finally, the common types of blister skin injury such as mechanical injury, burn and scald are introduced, and the key points of further classification and differential diagnosis are given for reference.

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    Research Progress on Forensic Application of Cannabis sativa Genetic Markers

    XIA Ruocheng, TAO Ruiyang, LIN Yuan, ZHANG Xiaochun, YANG Qi, YU Huan, XI Shihan, XIONG Lei, LI Chengtao, ZHANG Suhua
    2022(1): 66-72.  DOI: 10.3969/j.issn.1671-2072.2022.01.009
    Abstract ( )   PDF (950KB) ( )  

    Cannabis sativa (C. Sativa) is an annual dioecious herbaceous plant in the Cannabis of Cannabinaceae and contains tetrahydrocannabinol (THC), a highly addictive and narcotic hallucinogenic ingredient. C. Sativa is inexpensive and easy to obtain, and affected by the legalization in some countries and regions of the word, it has become one of the most widely abused drugs. Therefore, rapid and accurate judicial identification of C. Sativa is of great significance for combating drug crimes and maintaining social stability. In recent years, the identification of C. Sativa based on DNA genetic markers provides new technical approaches for judicial case detection, this paper reviews the studies of genetic markers (including Sequence-Characterized Amplified Region (SCAR), DNA Barcoding, Short Tandem Repeat (STR) and Single Nucleotide Polymorphism (SNP) of C. Sativa reported in recent years, aiming to provide theoretical basis for the research and application of species identification, individual identification and source inference of C. Sativa in forensic science.

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    Forensic Science

    In Vitro and in Vivo Human Metabolism of the Synthetic Cannabinoid New Psychoactive Substance AB-CHMINACA

    LI Jing, PENG Huifei, HUA Zhendong, WANG Youmei
    2022(1): 73-78.  DOI: 10.3969/j.issn.1671-2072.2022.01.010
    Abstract ( )   PDF (614KB) ( )  

     Objective To detect and analyze the in vitro metabolites of AB-CHMINACA which were generated in the in vitro human liver microsomes model system by Ultra Performance Liquid Chromatography UPLCcoupled to High Resolution Mass Spectrum HR-MS. And then compare the results with the urine sample with a real abuser. Methods To simulate the metabolic process in human body by establishing the in vitro human liver microsomes modeland then determine and elaborate the reaction points and pathways of metabolism by HR-MS. Results AB-CHMINACA generated 10 metabolites in the in vitro human liver microsomes model totally. Carboxamide hydrolysishydroxylation on the methylpropyl moiety and the combination of N-dealkylation and carboxamide hydrolysis were its main metabolic pathways. Carboxamide hydrolysis metabolite M1hydroxylation on the methylpropyl moiety metabolite M4 and the combination of N-dealkylation and carboxamide hydrolysis metabolite M10 also appeared in the urine sample of a AB-CHMINACA abuser. Conclusion The method is fast and efficientand it can predict the in vivo metabolites to a certain extent. So we suggest that the carboxamide hydrolysis metabolite and hydroxylation on the methylpropyl moiety metabolite can be used as biomarkers for routine analysis of urine samples.

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    Application of CT Measurement in the Identifications of Injury Degree in Medial Orbital Fracture

    LI Zhuo, QU Shengqiu, ZHOU Zhilu, CHEN Jiemin, WANG Meng, WANG Maowen, XIA Wentao
    2022(1): 79-84.  DOI: 10.3969/j.issn.1671-2072.2022.01.011
    Abstract ( )   PDF (2987KB) ( )  

    Objective The orbital volume expansion rate and the bone defect area of the orbital wall were measured by CT in the injured patients in the case of orbital wall fracture, and the feasibility of the two CT measurements in evaluating the orbital wall fracture range was discussed. Methods Twenty cases without orbital fracture were selected as the control groupCT was used to measure the bilateral orbital volumeand the difference of which was compared. Thirty-nine cases of unilateral medial wall fracture in our academy from 2018 to 2020 were selected and divided into experimental groups of minor and slight injury. The expanded rate of orbital volume and the bone defect area of medial orbital wall were measured respectively. The difference of bilateral orbital volume in the experimental groups was analyzed. The difference between the uninjured orbit in the experimental groups and the control groupand the difference of the expanded rate of orbital volume and the bone defect area between two experimental groups were  analyzed separately. According to whether the expanded rate of orbital volume is greater than 8 % and the bone defect area is greater than 2 cm2the data of these two experimental groups were classified and analyzed. Results There was no significant difference between the bilateral orbital volumes in control groupP0.05), and also no significant difference between the uninjured orbit in the experimental groups and the control groupP0.05. The difference of bilateral orbital volume in the two experimental groups was statistically significant P0.05.There were significant differences in the expanded rate of orbital volume and the bone defect area between the two experimental groups P0.05. When the expanded rate of orbital volume was greater than or equal to 8 % and the bone defect area was greater than or equal to 2 cm2the proportion of minor injury was the highest86.67 %. Conclusion. It is feasible to evaluate the severity of orbital fracture by measuring the expanded rate of orbital volume and the bone defect area. 

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    Preliminary Screening and Verification of Skeletal Muscle circRNA in PMI Esitimation

    DONG Tingting, XIAO Zuorun, LIU Zengjia, WANG Yequan, ZHANG Guoan , CUI Wen
    2022(1): 85-92.  DOI: 10.3969/j.issn.1671-2072.2022.01.012
    Abstract ( )   PDF (4627KB) ( )  

    Objective CircRNAs in human skeletal muscle with temporal changes in death time were screened by constructing circular RNA circRNAexpression profiles in skeletal muscle. The selected circRNAs were further verified, and then the correlation between the relative expression and the time of death was investigated. Methods T In the chip experiment, 2 individuals with relatively uniform external temperature and humidity, and known to have a death time of less than 24 hours, were taken for 50 g each at the autopsy within 12 hours, 3 days, 5 days, 7 days, and 10 days. The RNA was extracted, and then reverse transcription, probe labeling, and gene chip detection were performed to obtain the expression profile of circRNA. The selected circRNAs were verified in 18 samples collected in the subsequent samples, and the obtained data were statistically analyzed. Results A total of 13156 circRNAs were detected in skeletal muscle tissue, but the total number of circRNAs that showed a downward trend within 10 days was only hsa_circ_0001727, hsa_circ_0001136, hsa_circ_0001871, hsa_circ_0005251, hsa_circ_0000284, hsa_circ_0000520, hsa_circ_0001971 and so on. The 7 circRNAs screened were verified in 18 samples, and only 5 circRNAs such as hsa_circ_0001727, hsa_circ_0001136, hsa_circ_0001871, hsa_circ_0005251, hsa_circ_0000284, etc., with the increase of death time, the relative expression decreased significantly and statistically P0.05. The expression of two circRNAs, hsa_circ_0000520 and hsa_circ _0001971, was negative. Conclusion circRNA can be used as a more stable biomarker for the study of death time inference.

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    Forensic Forum
    Theory and Application of Causality Analysis in Medical Damage Appraisal
    ZHU Guangyou, XIA Wentao
    2022(1): 93-99.  DOI: 10.3969/j.issn.1671-2072.2022.01.013
    Abstract ( )   PDF (993KB) ( )  
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    Reasearch on the Standardization of Expert Opinions Based on Linguistic Evidence
    ZHANG Luping, WANG Zhanming
    2022(1): 100-104.  DOI: 10.3969/j.issn.1671-2072.2022.01.014
    Abstract ( )   PDF (782KB) ( )  
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