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2022 Issue 2 (Total No. 0)
Published: 15 March 2022 Previous Issue    Next Issue
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Forensic System
Forensic Review
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Forensic System

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Practical Obstacles and Policy Suggestions Regarding Fraud Appraisal Responsibility— From the Perspective of Liability for Fraud Appraisal under Article 33 of the New Provisions on Civil Evidence WANG Guiyue, ZHANG Haidong, 2022(2): 1-7.  DOI: 10.3969/j.issn.1671-2072.2022.02.001 Abstract ( )   PDF (1011KB) ( )   The Supreme People’s Court amended Article 33 of Several Provisions on Evidence in Civil Litigation in 2020, which added the system of liability for fraud appraisal, aiming at  deterring frequent occurrence of fraud appraisal in the marketization reforms of judicial appraisal, so as to improve the quality of judicial appraisal for the court. It is an inevitable choice worldwide to strengthen litigation restraint on forensic science. However, the current legislation has a series of obstacles in this regard, such as the unclear meaning of fraud appraisers, the lack of ability by judges to evaluate it, expert witness implicitly refuses to identify because of the potential risk of liability. The legislation should further define the meaning of fraud appraisal, allow professionals to participate in evaluating process of fraud appraisal, and strictly limit the scope and risk of appraisers. Only by reforming the establishment of appraisal institutions from  private to public non-profit institutions can the persistent problem of fraud appraisal be finally solved. Related Articles | Metrics

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Revocation of Forensic Appraisal Opinion— from the Perspective of Expert Opinion Error Correction ZHAO Jie 2022(2): 8-15.  DOI: 10.3969/j.issn.1671-2072.2022.02.002 Abstract ( )   PDF (1122KB) ( )   Forensic appraisal opinion, which is the expression of the appraiser's subjective opinion, plays an extremely important role in proving in the trial of a case. However, due to the limitations of people's subjective  understanding of the objective world, even the appraisal opinion guaranteed by scientificity cannot guarantee its absolute correctness. If there is a wrong appraisal, revoking the wrong appraisal opinion should be the right way to correct the mistake and avoid a wrong case. However, the existing laws and regulations have no specific provisions on whether and how the wrong expert opinion can be revoked after a case ends. Since revocation of expert opinions may have a significant impact on settled cases, the revocation of an expert opinion should be guided by the principle of “non-revocation as general rule, revocation as exception” and carried out in strict accordance with certain procedures. Related Articles | Metrics

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Credibility Problems and Solutions of Expert Assistant’s Opinions CHEN Qiuzhu 2022(2): 16-21.  DOI: 10.3969/j.issn.1671-2072.2022.02.003 Abstract ( )   PDF (976KB) ( )   The expert assistant system helps to make up for the shortcomings of the limited scope of application and the lack of external constraints of the forensic system, and it plays an important role in the identification of specialized issues in the trial. However, in practice, judges generally do not really trust the opinions of expert assistants, resulting in a low rate of use and acceptance of the opinions. The function of the expert assistant system is difficult to exert effectively. The reason is that there is  mispositioning in the role of expert assistants and their opinions, and the arrangement of procedural matters such as review and evaluation is insufficient. In addition, there is a lack of regulations on the legal liability of expert assistants for violations. Therefore, in order to ensure that expert assistants uphold a neutral position and fulfill their obligations of objectivity and impartiality, the independent litigation status, rights and obligations of expert assistants should be clarified. Meanwhile, the pre-trial qualification review and the cross-examination rules during the trial should be strengthened. In this way, judges can comprehensively judge the credibility of the opinions. Finally, we should build a multi-level responsibility system to regulate and sanction the behavior of expert assistants who issue false opinions. Related Articles | Metrics

Forensic Review

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Application of Imaging Technology in Analysis of Latent Fingerprint Components LIN Jiaman, XIANG Ping, YUN Keming, WU Lina, SUN Qiran 2022(2): 22-34.  DOI: 10.3969/j.issn.1671-2072.2022.02.004 Abstract ( )   PDF (1435KB) ( )   Fingerprint has always been an indispensable personal identification tool in court scientific investigation. The fingerprint not only carries the morphological information of the fingerprint ridge, but also provides the chemical information of the endogenous and exogenous substances of the fingerprint, which can reflect the personal characteristics of the provider, such as age, gender, race and possible drug abuse habits. With the development of analytical instruments, the residual substances in fingerprints can be clearly presented by imaging technology. This paper introduces the application of spectroscopy, mass spectrometry and immunoassay technology in the identification of fingerprint residues in forensic science, and discusses the advantages and disadvantages of each method. In practice, the appropriate technology can be selected according to the specific situation. In the future, imaging technology will have new development in sensitivity and specificity, spatial resolution, quantitative stability and on-site rapid analysis, so as to better serve the investigation of various cases. Related Articles | Metrics

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Epidemic Status and Forensic Identification of Endemic Fluorosis GONG Yi, ZHENG Dan, CHEN Fangping, YU Yanni, GUAN Zhizhong, LOU Didong, 2022(2): 35-40.  DOI: 10.3969/j.issn.1671-2072.2022.02.005 Abstract ( )   PDF (813KB) ( )   Endemic fluorosis can cause bone phase system injury and non bone phase system injury. It has been paid more and more attention because of its wide distribution, higher number of threatened population and serious condition. Forensic identification is the basis of scientific trial, but whether to consider the pathological changes caused by fluorosis in the forensic identification of patients with endemic fluorosis has not attracted enough attention of forensic identification workers. According to the relevant research on the body injury caused by endemic fluorosis in recent years, by summarizing the epidemiological characteristics, pathogenesis, clinical manifestations, clinical diagnosis and matters needing attention in forensic identification of endemic fluorosis, we hope that the pathological changes caused by fluorosis will be paid attention to by forensic identification workers, In order to provide some theoretical basis and reference for the forensic identification of endemic fluorosis. Related Articles | Metrics

Forensic Science

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Rapid Identification of Novel Synthetic Cannabinoid 5F-EDMB-PICA by Mass Spectrometry YUAN Min,  WANG Xuehu, YUAN Zhiwei, WU Bo,  CHEN Huimin,  MENG Haitao 2022(2): 41-45.  DOI: 10.3969/j.issn.1671-2072.2022.02.06 Abstract ( )   PDF (1690KB) ( )   Objective A method for identifying the molecular structure of synthetic cannabinoids （5F-EBMD-PICA） was established. Methods According to the GC-MS and the search of the Spectral Library, the molecular formula derived from the LC-Q-TOF-MS first-order mass spectrum of the known substance 5F-MBMD-PICA was compared and analyzed, the new structure of synthetic cannabinoids in the sample cut tobacco was obtained and verified by consulting the literature. Results A sample of cut tobacco seized by customs was determined to contain 5F-EBMD-PICA. Conclusion This method can provide a new way to resolve the structure of unknown synthetic cannabinoids. Related Articles | Metrics

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Based on Logistic Regression Analysis to Explore the Influence of Medical Injury Factors on the Determination of Causality ZENG Wenbo, ZHOU Huixia, DENG Hong 2022(2): 46-50.  DOI: 10.3969/j.issn.1671-2072.2022.02.007 Abstract ( )   PDF (625KB) ( )   Objective To analyze the factors that affect the causality determination of Acute Myocardial Infarction（AMI）, and to explore the role of different influencing factors in the causality determination. Methods A total of 274 cases of AMI were collected, and the causal factors were found based on practical experience and expert consultation, and SPSS 23.0 was used for orderly multi-class Logistic regression analysis. Results Improper treatment measures, improper treatment of changes in the condition, improper use of medical products, improper communication, improper medical record writing, and serious illness (P＜0.05) have a significant impact on the determination of causative potency.Among them, improper treatment measures, improper treatment of disease changes, and improper use of medical products (OR＞1) will increase the possibility of higher-level causal identification.Improper communication, improper medical record writing, and serious illness (OR＜1) will reduce the possibility of higher-level causal identification. Conclusion Factors such as treatment measures, observation and care, and inspection and diagnosis can be closely related to the occurrence of damage. The force of communication and notification in the process of damage should be judged according to whether there is fault in the diagnosis and treatment behavior and whether it affects the patient’s choice. Medical record writing and medical record management have nothing to do with the occurrence of damage, but there is a presumption of fault in the law. Related Articles | Metrics

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The Correlational Research Between the Leading and Trailing Edge’s High Level of the Compressive Vertebral and Bone Mineral Density MA Wenjing, ZHANG Xin, WANG Jingjing, LIU Hua, LIU Fan 2022(2): 51-55.  DOI: 10.3969/j.issn.1671-2072.2022.02.008 Abstract ( )   PDF (680KB) ( )   Objective To study whether the leading and trailing edge's high level of the compressive vertebral and bone mineral density have relevance or not after falling, in order to provide theoretical basis for forensic clinical identification of vertebral fracture is considered injury/illness relationship, then in order to serve the judicial litigation more scientifically. Methods A total of 365 subjects were selected and divided into trauma group, trauma with osteoporosis group, pathological osteoporotic vertebral fracture group and blank control group. Quantitative CT (QCT) was used to measure the bone mineral density of each subject, MRI was used to measure the height of the anterior and posterior edges of the compressed vertebral body, and the ratio of the anterior to posterior edge height was calculated. SAS 9.3 software was used for data processing, and t-test, χ2 test, Fisher's exact test, and one-way variance were used for statistical analysis. Results The correlation coefficient of the vertebral height ratio and bone mineral density is 0.436, but r2＜0.5，so it has no practical significance. Conclusions It has no correlation between the leading and trailing edge's high level of the compressive vertebral after falling down and bone mineral density, so when we use 5.9.3b） of the human body damage degree standard in handling such cases, consider injury/illness relationship is not recommended. Related Articles | Metrics

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Measurement and Application of Video Portrait YANG Yingcang 2022(2): 56-63.  DOI: 10.3969/j.issn.1671-2072.2022.02.009 Abstract ( )   PDF (4468KB) ( )   Objective Through the experimental study, we explored the use of desktop mapping combined with point and line marking, then conduct reconnaissance experiments and scene reconstruction, and finally measure data of video portraits. Methods We selected 15 experimenters and used the video surveillance system to conduct the experiment and access the video portrait measurement data. Finally, we concluded an effective measurement method by the correction method of imaging scale consistency, the reproduction method of field reconstruction, and the measurement method of video portrait. Results The method can accurately measure not only static features such as height of the video portrait, but also dynamic features such as step length of the video portrait. However, due to the objective conditions, there is a certain error between the measurement data and the actual data. Conclusions More accurate data can be obtained by first using desktop mapping combined with point and line marking, then conduct reconnaissance experiments and scene reconstruction, and finally conducting video portrait measurements. After many experiments and repeated verification,the reliability of the conclusion is proved. Related Articles | Metrics

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Applicability Studying of Residual Magnetic Method in Identification of Vehicle Fire Cause 2022(2): 64-68.  DOI: 10.3969/j.issn.1671-2072.2022.02.010 Abstract ( )   PDF (5317KB) ( )   Objectives Study whether the residual magnetic method is applicable in the identification of vehicle fires. Methods Develop experimental equipment to simulate vehicle electrical line fires, analysis whether the residual magnetic data and its residual magnetic distribution law will be generated under the condition of winding and overlapping of the circuit and metal parts, at the same time, study the situation in which the residual magnetic method is easy to produce misjudgment, correctly use the residual magnetization method to identify the cause of vehicle fire. Results Vehicle electrical line failure fires generate magnetic fields on iron components that come into contact with one of the short-circuit points, and can be quantitatively detected by using a Tesla meter. Conclusion The residual magnetic method can be used for the identification of vehicle fire cause, but it cannot be used simply and requires comprehensive analysis. Related Articles | Metrics

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Voiceprint Identification Analysis of Speech Synthesis: Based on the Voice of Two AI Virtual Announcers ZHANG Xuehai, YANG Luming 2022(2): 69-72.  DOI: 10.3969/j.issn.1671-2072.2022.02.011 Abstract ( )   PDF (1863KB) ( )   Objective To explore the differences between AI-synthesized speech and human speech in voiceprint inspection at the present stage. Methods By collecting the voices of two AI virtual anchors and their respective prototypes, two aspects of auditory perception and language spectrum analysis were conducted from the perspective of voiceprint identification. Results Synthetic speech still suffers from lack of emotion, unnatural speech, and punctuation errors in auditory perception. Based on the relative stability of the high-frequency formants of the speech used in the experiment, the difference between the synthesized speech and its prototype was mainly manifested in the high-frequency resonance above 4 kHz. On the peak, some syllables can show differences above 3 kHz, and the consonant-vowel transition in some syllables of synthesized speech is missing. Conclusion At the current level of technology, synthetic speech needs to be improved in dealing with prosody issues, and auditory analysis can be used as a reference for voiceprint test for judging synthetic speech. In the spectral analysis, differences can be shown in the high-frequency maps of synthetic and real speech and the consonant-vowel transitions of some syllables. Related Articles | Metrics

Forensic Forum

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Discussion on Related Issues of Medical Damage Appraisal under the Background of Civil Code#br# CHEN Wei, ZHAO Shuang, LIU Shihui, YUAN Jiangfan, JIANG Xieyuan 2022(2): 73-77.  DOI: 10.3969/j.issn.1671-2072.2022.02.012 Abstract ( )   PDF (761KB) ( )   Related Articles | Metrics

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Evaluation and Acceptance of British Expert Evidence GONG Xue 2022(2): 78-87.  DOI: 10.3969/j.issn.1671-2072.2022.02.013 Abstract ( )   PDF (1347KB) ( )   Related Articles | Metrics

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Explore the Content of Duty of Care in Diagnosis and Treatment from Cephalosporin Antibiotic Allergy Cases HUO Ting, WANG Yue 2022(2): 88-93.  DOI: 10.3969/j.issn.1671-2072.2022.02.014 Abstract ( )   PDF (1016KB) ( )   Related Articles | Metrics

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Research on the Application of Polygraph Detection in Criminal Justice WU Yu 2022(2): 94-99.  DOI: 10.3969/j.issn.1671-2072.2022.02.015 Abstract ( )   PDF (952KB) ( )   Related Articles | Metrics

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Analysis of Forensic Identification of 72 Cases of Medical Injury in Obstetrics and Gynecology ZHOU Min, ZHANG Weiyi, SHEN Hanjian 2022(2): 100-105.  DOI: 10.3969/j.issn.1671-2072.2022.02.016 Abstract ( )   PDF (878KB) ( )   Related Articles | Metrics

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Research on the Identification of Medical Damage: A Comparative Analysis of the Old and New Models in Jiangsu Province YANG Li, ZHANG Zhixiang, WANG Yahui, CHEN Xiping, TAO Luyang 2022(2): 106-110.  DOI: 10.3969/j.issn.1671-2072.2022.02.017 Abstract ( )   PDF (741KB) ( )   Related Articles | Metrics