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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

Archive

    2022 Issue 3 (Total No. 0)
    Published: 15 May 2022
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    Forensic System
    Forensic Review
    Forensic Science
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    Forensic System
    Research on the Written Testimony System of Appraisers
    ZHU Jinfeng
    2022(3): 1-9.  DOI: 10.3969/j.issn.1671-2072.2022.03.001
    Abstract ( )   PDF (1304KB) ( )  
    Written testimony is an effective way for appraisers to testify in court, and it is a model that provides justice and efficiency in litigation. In view of the weak research on written testimony system in theoretical and practical circles, it is necessary to define the concept, characteristics, theoretical and practical significance of the written testimony system. On this basis, a full analysis on whether the written testimony system is necessary and feasible to exist under the current judicial system is carried out. At the same time, in the rational construction of the written testimony system, in addition to clarifying basic matters such as the scope and procedures of the appraiser’s appearance in court, it is also necessary to make clear the legal responsibility of an appraiser’s refusing to testify in writing, and provide a supporting system to ensure the effective implementation of the appraiser’s written testimony system,carry out a comprehensive analysis and determination, and finally establish a complete appraisal system for written testimony.
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    System Reconstruction of Forensic Appraisal Assistance
    XUE Nan
    2022(3): 10-17. 
    Abstract ( )   PDF (1250KB) ( )  
    The forensic appraisal assistance has experienced a long period of local practice, and the theoretical community has also conducted a lot of research. Due to the lack of unified standards at national level, the forensic appraisal assistance work in various regions presents a diversified model and keeps a lukewarm relationship with the legal aid system. There are many problems such as unclear positioning and different standards. In order to solve the current situation of local governments carrying out the work in their own way, the Ministry of Justice has decided to formulate unified regulations to provide overall guidance through standardized management of the connection between forensic appraisal and legal aid. However, due to the limitations of forensic administrative agencies, with the people as the center, their foothold aims to solve the current problems for people in economic difficulties in applying for identification, and lacks a comprehensive consideration of the factors involved in forensic appraisal assistance. From a long-term point of view, the formation of forensic appraisal assistance system should focus on the position of the forensic appraisal itself in litigation process, clarify the relationship between the parties, and clarify the functions of the system. With the aid of the early achievements of the local and national system, this article further reconstructs the forensic appraisal assistance system.
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    The Deconstruction on the Adoption Rule of Expert Appraisal Opinion — based on the Instructive Cases No. 92 and No. 100 of Protection of New Varieties of Plants
    CHAI Yongwang
    2022(3): 18-23. 
    Abstract ( )   PDF (901KB) ( )  
    In the process of fact-finding, although the forensic practice and theoretical research have reached a consensus on the stance of getting rid of the shackles of “scientific determinism” regarding the regulation of acceptance of expert opinions with strong professionalism and technology, they have not changed from the existing opinions after breaking away from the appraisal opinions. The method of interpretation is systematically constructed from the source material of the law. Judicial proof in the context of scientific evidence, based on the standpoint of respecting science and preventing judges from losing their evidence, it is not appropriate to make incompatible argumentative reasoning between scientific methods and legal methods. In a specific type of litigation where judges cannot absolutely monopolize the power of fact-finding, it is not appropriate to easily abandon the expert opinion and replace it with technical method of law. Only when the evidence is unqualified or the judge chooses a lower standard for the degree of proof of the expert opinion within the range of probability, it is appropriate to obtain interpretation and filling tools from legal methods.
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    Forensic Review
    Research Progress on New Psychoactive Substances of Phenethylamines and Their Metabolism
    ZHAI Wenya, XIANG Ping, QIAO Zheng, DANG Yonghui, SHI Yan
    2022(3): 24-35. 
    Abstract ( )   PDF (1199KB) ( )  
    New psychoactive substances of phenethylamines are the third synthetic drugs in the world, which have the dual effects of excitement and hallucination. The structure of this type of substance is unpredictable, and a series of compounds such as 2C, amphetamines, DOX, NBOMe, and FLY have been derived through structural modification. They are far more harmful than traditional drugs and seriously threaten individual health and public safety. With the continuous changes in the structure of new psychoactive substances of phenethylamines, more and more attention has been paid to the metabolism of these substances. The application of various in vivo and in vitro metabolism models and liquid chromatography-high resolution mass spectrometry has gradually clarified the metabolic process of new psychoactive substances of phenethylamines in human body, which has greatly enriched the metabolic data of these substances. The biotransformation reactions involved mainly include oxidative deamination, O-demethylation, N-acetylation, hydroxylation and so on. This article reviews the structure, classification and related metabolic models, metabolite analysis methods, and metabolites identification of new psychoactive substances of phenethylamines, in order to provide basic data for the abuse monitoring of these substances.
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    Analysis of the Theory and Practice of Photosensitive Seal Inspection
    YANG Jinyou, WANG Ting
    2022(3): 36-43. 
    Abstract ( )   PDF (11679KB) ( )  
    In view of the problem that the seal is easy to copy and difficult to identify in the widely used photosensitive seal at present, by combing and summarizing the main research results of photosensitive seal inspection over the years, this paper analyzes the special value of the type characteristics and process defect characteristics of photosensitive seal, and focuses on the classification and evaluation of the process defect characteristics, causes and apparent forms of photosensitive seal, so as to reveal its important individual value. At the same time, on this basis, the key points of photosensitive seal identification are put forward and analyzed in combination with typical cases. In view of the main problems existing in photosensitive seal inspection at present, the solutions and paths are explored. The research on the theory and practice of photosensitive seal verification can provide theoretical guidance and practical experience for the daily identification of identification workers, and provide research ideas and directions for scientific researchers.
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    Forensic Science
    Forensic Pathological Appraisal of Death by Vomit Inhalation
    CHEN Ji, ZHANG Kaiqiao, ZHANG Zhiwei, ZHOU Shiyi, TANG Wei, LI Rong, CHEN Feng
    2022(3): 44-50. 
    Abstract ( )   PDF (840KB) ( )  
    Objective To study the relationship between vomitus inhalation and death in depth, and to explore the key points of forensic medicine to identify vomitus inhalation death. Methods 27 cases with the performance of vomit inhalation accepted by Forensic Expertise Institute of Nanjing Medical University from January 1, 1999 to December 31, 2019, were collected and analyzed retrospectively in terms of general situation, inhalation causes, nature and site of inhalation, causes of death, forensic examination and basic diseases. Results In this group, the incidence of vomitus inhalation death was higher in males than in females, and the ages were mainly distributed in less than 5 years old and 21-65 years old. Pathological factors were the most important factors, followed by alcohol, physiological factors and trauma. The relationship between the nature of inhalation and the depth of inhalation may indicate whether it is the inhalation of vomitus before death, and the depth of the inhalation site may help to judge whether it is vomitus inhalation death. Inhalation asphyxia is the common death mechanism of vomit inhalation under the action of a single factor. It is necessary to pay attention to the causes of vomit inhalation and the relationship with other factors when vomit inhalation is involved in death under multiple factors. The key points to distinguish between vomitus inhalation and other causes of death with vomitus are the severity of asphyxia, the degree of vomitus entering the respiratory tracts and the related histological reaction. Conclusion To determine vomitus inhalation death, we need to consider the pre-death situation of the dead, the factors causing vomitus inhalation, the nature and degree of the inhalation, and the results of forensic examination, to exclude other causes of death with a performance of vomitus inhalation, and analyze the role of vomitus inhalation in the death, finally make a comprehensive evaluation.
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    Forensic Analysis of Medical Damage of Nonunion after Operation of Limb Long Bone Fracture
    LIU Wei, CAI Youquan, CAI Jifeng, CHANG Yunfeng, LAN Lingmei,
    2022(3): 51-56. 
    Abstract ( )   PDF (777KB) ( )  
     Objective To analyze the causes of postoperative healing of limb long bone fractures, and to provide references or ideas for the identification of medical injuries related to nonunion of limb long bone fractures. Methods 175 cases of nonunion of limb long bone fracture after operation which were handled by our center from 2011 to 2018 and published by China Judicial Documents Network in 2017-2018 were analyzed and summarized. Results There were many factors affecting the healing of limb long bone fracture, mainly related to internal fixation of fracture, and the degree of medical fault participation was relatively concentrated (about 40%). Conclusion The identification of medical damage caused by postoperative nonunion of limb long bone fracture should focus on the relevant factors of operation, and pay attention to the postoperative treatment measures. Combined with the patient's trauma and their own health factors, comprehensive analysis should be made to objectively evaluate the fault participation.
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    Study on the Same Identification of Lateral Skull X-ray Films
    LIN Hanguang, JIANG Fenghui, HONG Xiaochun, CHEN Rui, TANG Jianpin
    2022(3): 57-62. 
    Abstract ( )   PDF (1614KB) ( )  
    Objective To explore the methods of gender identification and individual identification in lateral skull X-ray films. Methods 172 cases of lateral skull X-ray films were observed, including 109 males and 63 females. ImageTool software was used to observe the lateral DR of the skull; 24 indicators of measured and non-measured properties of the skull were analyzed, and each indicator was classified and scored with numbers, and a grading and scoring system of 24 indicators was constructed to evaluate the individuals of each indicator. Recognition ability. Results The variability of each index and the individual identification probability ranged from 0.415 3 to 0.880 9. The 24 index codes of each sample were unique, and the 24 indexes theoretically had at least 9.03×1016 combinations. The cumulative variability and individual identification The rate is 0.999 999 999 998, and the matching probability is 2.3066×10-12. Conclusion The 24 indicators have good ability of individual identification and identification, and some of the observed indicators can be used to determine the gender of lateral skull X-ray films.
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    Research of Time Effects on Microscopic Results of Identification #br# of the Sequence between Stamps and Handwriting#br#
    WANG Changliang, LÜ Chen, LU Yan, LIU Xiaoying, GU Yuqing, ZHOU Guanglei, LI Biao
    2022(3): 63-69. 
    Abstract ( )   PDF (60013KB) ( )  
    Objective Identification of the sequence between stamps and strokes is one of the key issues in the field of document inspection, and it is affected by many factors, e.g. the combination of pigments, etc. This paper focused on the influence of time factors on the identification results after the crossing between stamps and handwriting dicuments, using microscopy methods. Theoretical support was provided for identification of the sequence between stamps and strokes in this paper. Methods The microscopy was employed to conduct twice inspection on the same crossing position of the different combination of the photosensitive stamps and handwriting document, the atomic stamps and handwriting document, as well as the inkpad stamps and handwriting document, and each was lasted for 30 months. Then each changes between the former and later pictures were investigated. Results Different combinations of the sequences were formed, among the photosensitive stamps, atomic stamps, inkpad stamps, handwriting with black pen, handwriting with blue ballpoint pen, handwriting with blue black pen, and handwriting on backing carbon paper. There were no obvious changes for the twice pictures of all the combinations of the sequences above, except that the color of the handwriting with the blue black pen was darker and few parts of the inkpad stamps were fallen off. However, obvious changes appeared on the combinations of the sequences between the photosensitive stamps and the handwriting on carbonless copy paper, the atomic stamps and the handwriting on carbonless copy paper, as well as the inkpad stamps and the handwriting on carbonless copy paper. The handwritings on carbonless copy paper became lighter or even disappeared. Conclusion Different combinations of the sequences were formed, among the photosensitive stamps, atomic stamps, inkpad stamps, handwriting with black pen, handwriting with blue ballpoint pen, handwriting with blue black pen, handwriting on backing carbon paper, and handwriting on carbonless copy paper. There were no obvious changes for all the combinations of the sequences, except for the combination between inkpad stamps and the handwriting on carbonless copy paper. There were obvious changes between the former and later tests for the different kinds of combination of carbonless copy paper and inkpad oil. Furthermore, for the second test, the identifications also could not be performed due to the lighter or even disappeared handwriting on the carbonless copy paper. The influences for identification of the sequence between stamps and handwritings were great.
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    Comparative Study of Two Ways to Express the Appraisal Opinions of Footprint Inspection
    YU Yang, LUO Yaping
    2022(3): 70-76. 
    Abstract ( )   PDF (3581KB) ( )  
    Objective The aim of the present study was to evaluate the accuracy between the stardard 3-conclusion scale and 5-conclusion scale of footprint examination, and to determine whether the footprint comparison process would benefit from an expanded conclusion scale. Methods Twelve footprint examiners, with an average experience of more than 16 years, were invited to participate in the research and completed 50 footprint pairs using the two conclusion scales respectively. Statistical methods such as signal detection theory were used to compare the differences between conclusion scales and analyzed potential changes in decision thresholds. Results 600 examine opinions were drawn from the two conclusion scales, and there were no significant differences in accuracy, examine time, and comparison difficulty. However, when using the 5-conclusion scale, examiners became more toward risk aversion when making “Identification”, and they tended to convert weaker “Identification and Exclusion” into “Support for Conclusions”. Conclusion There is no statistical difference between the two conclusion scales. The 5-level conclusion scale may be more objective in evaluating the close non-match footprints with challenges, and also provides reference for further quantifying the conclusion scale.
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    Timeliness Analysis of Driver’s Emergency Response based#br# on Multi-source Data Synchronization#br#
    YAN Yong, SONG Yaoxin, LI Pingfan, WEI Ran
    2022(3): 77-82. 
    Abstract ( )   PDF (2611KB) ( )  
    Objective In order to study whether the driver’s emergency response is timeliness before the traffic accident. Break through the emphases and difficulties of traffic accident investigation. Methods Analyze the characteristics of data from traffic accident. Research the synchronized methods of multi-source data. And then, studied the judgment method of the driver’s emergency response timeliness when typical dangerous situation occurs. Results By analyzing the process of driver’s emergency response when dangerous situation occurs. Analyze the timeliness of emergency response from the perspective of response time. Generated a process for judging the timeliness of emergency response. To support the identification of liability for traffic accident. Conclusion The practicability of the method is verified through the application of typical cases.
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