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2012 Issue 1 (Total No. 0)
Published: 15 January 2012 Previous Issue    Next Issue

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One Step Forward， One Step Back, One Step Further —Comment and Proposal on Forensic Appraisal Legislation XU Jing-cun 2012(1): 1-3.  Abstract ( )   PDF (400KB) ( )   The NPC Standing Committee promulgated the“Decision on Management of Forensic Appraisal” on 28 February 2005. It is a big improvement at the level of legislation， especially in the separation of trial and forensic appraisal， and the promotion of justice. The Criminal Procedure Law is under amendment again. The legislation on forensic appraisal should be amended on the basis of the “Decision on Management of Forensic Appraisal”. However， the Criminal Procedure Law Amendment （Draft） still puts forensic appraisal in the chapter of investigation， as a kind of “investigation behavior”， which is apparently a step backward from the aforementioned Decision. This article proposes that the amendment of the Criminal Procedure Law should be improved on the position of forensic appraisal， the right and obligation of appraisers， the obligation of clients and the limitation thereof， the process of making a forensic appraisal opinion and the notification thereof， and the re-appraisal， etc. Related Articles | Metrics

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Seize Opportunities， Face Challenges and Seek for Development —Changes on the Forensic Appraisal Conclusion in “Criminal Procedural Law Amendment （Draft）” 2012(1): 4-7.  Abstract ( )   PDF (620KB) ( )   The “Criminal Procedural Law Amendment （Draft）” will be submitted to the NPC for approval in March 2012. In the draft， the forensic appraisal conclusion is scientifically positioned， and the draft makes clear regulations on the appraiser’s testimony in court and the consequence for the appraiser's refusal to appear in court. This is decided by the specialty of forensic evidence and the special status of the appraiser. This will be not only a challenge， but also an opportunity for forensic institutions and people working in this field. What they should do is to seize the opportunities， face the challenges and seek for development. Related Articles | Metrics

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The Forensic Issues in the Amendment of Criminal Procedure Law ANG Lin-yun 2012(1): 8-10.  Abstract ( )   PDF (442KB) ( )   That forensic medical appraisal is conducted by hospitals designated by the provincial government not only limits the right of forensic institutions to conduct their business， resulting in confusion of the application of law， but also is unfeasible in practice. As for the legal liability for not appearing in court by an appraiser without justified reasons， the Criminal Procedure Law should not force an appraiser to appear in court， considering the relationship between a court and an appraiser， the mandatory appearance in court testimony by an appraiser， or the nature of judicial custody. The two important issues should be addressed in the Criminal Procedure Law Amendment to improve the forensic appraisal system in criminal procedure. Related Articles | Metrics

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Comment on Theoretical Study of the Appraisal System ZHANG Li-ming 2012(1): 11-15.  Abstract ( )   PDF (743KB) ( )   In the recent thirty years， some achievements have been made in the area of theoretical studies of the appraisal system. This is reflected in a significant number of journal treatises. Theoretical studies of this period have some features： numerical hot topics， highlights in comparative studies and inclination to legislative proposals. Meanwhile， there are some shortcomings， such as repeated research， imbalance of theoretical levels and lack of in-depth research. Related Articles | Metrics

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Development of Protein Chips for Quantitative Drugs Assay ZENG Li-bo, CHEN Lian-kang, HU Xiao-long, CHEN Fu-hua, DING Guo-rong, ZHANG Yu-rong, Zhang Run-sheng, LIANG Chen, CAO Fang-qi 2012(1): 16-19.  Abstract ( )   PDF (583KB) ( )   Objective To develop a high-throughout quantitative assay method for detecting drugs in human body fluid samples. Methods By using the nitrocellulose membrane as the matrix of protein chips， the membrane was treated to generate active groups for protein binding. After dispersing the conjugates of the drug molecules with the carrier protein， the membrane was blocked. Different antibodies for drugs were labeled with fluorescent dye CY5， which would generate fluorescent signal when combining to the conjugates. If there are target drugs in the sample， the drugs will competitively combine to the conjugates and the fluorescent signal will decrease. The fluorescent readers can analyze the intensity of the signal and quantitatively assay the concentration of the drugs in the sample. Results The results of totally 506 samples tested by the protein arrays for drugs had a correlation of more than 88% with the GC/MS assay. The results showed that it can specifically detect drugs such as morphine， methamphetamine， and so on， without any cross reaction. The sensitivity of the assay is 10ng/ml， which is 10 times higher than that of the gold colloid test. Conclusion The protein chips is an effective， accurate and high-throughout assay for detecting drugs in human body fluid samples. Related Articles | Metrics

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Discrimination of Dye-Based Black Inkjet Entries by HPLC YIN Bao-hua, GUO Rui-hua, LIANG Lu-ning, LIN Lei-xiang, ZOU Hong 2012(1): 20-41.  Abstract ( )   PDF (809KB) ( )   Objective To establish an HPLC method for distinguishing printing entries made by thirty dye-based black inkjet of different trademarks and manufacturers. Methods In the experiment， the extraction solvents and mobile phase were optimized. The influence of the paper and the ways of printing were also investigated. In addition， the precision and repeatability of the established method were examined. Results The separation was performed on an X-bridge Shield RP18（3.5 μm，4.6×100 mm）column. Gradient elution was carried out with acetonitrile and ammonium bicarbonate solution （NH4HCO3， 10mmol/L） as the mobile phase. The detection wavelengths were 585 nm and 475 nm. Under this condition， according to the differences of the main dye components， the thirty dye-based black inkjet entries could be categorized into four main classes. Conclusion The study provides an effective， reliable and stable method for discrimination of different dye-based black inkjet entries. Related Articles | Metrics

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The Scope of Psychiatric Appraisal —Based on the Function Division between Appraisers and Judicial Officers ZHANG Ai-yan 2012(1): 24-29.  Abstract ( )   PDF (873KB) ( )   The scope of psychiatric appraisal involves the function division between appraisers and judicial officers. In China， the scope of psychiatric appraisal includes not only medical elements and psychological elements， but also the contents of criminal responsibility. In practice， psychiatric appraisers assess the criminal responsibility directly， which is inconsistent with the theories and not in line with the rules as specified in Criminal Procedure Law. The more rational way should be that psychiatric appraisers assess the medical elements of criminal responsibility， while judicial officers decide the psychological elements based on the opinions of appraisers. Related Articles | Metrics

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The Field Classification of Qualification Certification for Motor Vehicle Appraisal Institutions LI Shan-qiao, ZHOU Xiang-dong, LIU Pei-kui 2012(1): 30-37.  Abstract ( )   PDF (1023KB) ( )   This paper summarizes the management status of testing， inspection and appraisal in domestic motor vehicle industry， and points out the main demand of forensic appraisal for motor vehicles. According to pertinent laws and regulations， the feasibility of qualification certification of motor vehicle appraisal institutions is analyzed， and the field classification of qualification certification with regulated， reasonable and uniform standards is discussed. The classification model is recommended. Related Articles | Metrics

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Department of Public Security， Gansu Institute of Political Science and Law， Lanzou 730070， China DING Bin, LI Chong-yang, YANG Hong-guo 2012(1): 38-41.  Abstract ( )   PDF (926KB) ( )   Objective A heating method of developing characters filed away on plastic products was researched and the corresponding principles were discussed. Methods Convex characters were filed away on common plastic materials， then developed by heating with the alcohol lamp. Results The filed characters were clearly developed in the experiment. Conclusion Factors such as damaging degree of characters， properties of plastic materials and manufacture techniques， affect the results of development. Related Articles | Metrics

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The Way of Cleaning Rust and the Application of Rust in Criminalistics LIU Yan 2012(1): 42-44.  Abstract ( )   PDF (524KB) ( )   Metal objects are often found at criminal scenes. Due to many factors， metal objects could rust. The way of cleaning rust and the effect of corrosion on marks and their characteristics are discussed， and the theoretical basis for judging similarities and differences of characteristics in identification are provided. The application and outlook of rusty trace in detection and identification are given. Related Articles | Metrics

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Digital Evidence Investigation on Android Smart Phone YAO Wei, SHA Jing, 2012(1): 45-49.  Abstract ( )   PDF (1307KB) ( )   With the emergence of smart phones， Android maintains a fantastic development. This paper studies how to acquire digital evidence on Android-based cell phones. After introducing the fundamental principles of Android， the method of digital evidence investigation on Android-based cell phones are described in detail. With the tools provided by Android SDK， data mirroring of cell phones memory can be easily done. Then the logical acquisition and physical acquisition are combined to obtain valuable information， where the logical acquisition examines the information from some critical applications’ local databases under the Android file system and the physical acquisition recovers the deleted sensitive information from mirroring files. The experiment showes the effectiveness of this forensics approach. Related Articles | Metrics

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The Identification of Document Alteration YANG Jin-you 2012(1): 50-53.  Abstract ( )   PDF (530KB) ( )   According to the legal concept， the difference on the definition of document alteration between the criminal law area and the document examination area is analyzed. On this basis， the definition of document alteration is redefined. The essence of document alteration is emphasized， which is the alteration of important contents and proofs. Altered documents are reclassified based on the different alteration methods. Common methods and their important features of alteration are analyzed， and two principles and two bases are proposed. The purpose is to explore a practical identification standard that could be applied to alteration examination of questioned documents. Related Articles | Metrics

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The Application of Initiative Tactual Sensation Method to Handwriting Identification WANG Yan 2012(1): 54-56.  Abstract ( )   PDF (412KB) ( )   The handwriting is a two-dimensional image， but essentially， is a written motional trace. If the static characteristics of handwriting is observed combining with its dynamic characteristics， that will undoubtedly improve the level of handwriting identification. However， how to get the writing pressure， writing speed and its acceleration and other dynamic features， is still a problem. It is known that the initiative tactual sensation method is a method studying handwriting pressure and its speed in graphology. Therefore， its application to handwriting identification by changing the traditional two-dimensional visual mode to the one combined with the tactile experience is promisingly to be explored. That will change the analysis of two-dimensional handwriting features to comprehensive ones of the four-dimensional handwriting characteristics including handwriting pressure and speed. Related Articles | Metrics

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Advances in the Study and Application of RNA in Forensic Medicine WANG Yu-zhuo, HE Huan, ZOU Xiao-li, HUANG Yun, ZENG Hong-yan 2012(1): 57-61.  Abstract ( )   PDF (651KB) ( )   For a long time， RNA has not been concerned in forensic science because of its instability and easily degradable characteristics. In recent years， with the improvement and development of molecular biology techniques of quantitative PCR， RNA analysis is gradually being recognized in forensic laboratories. RNA can be used for estimation of postmortem interval， time of wound and scar formation. It can replace the traditional serum enzyme test in determining the fluid type， which expands the scope of testing， and can help diagnose the functional state of cells or organs. The recent studies and applications of RNA in forensic science are reviewed. Related Articles | Metrics

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The Assessment on the Quality of Medical Service in Forensic Practice PENG Bang-wan 2012(1): 62-64.  Abstract ( )   PDF (438KB) ( )   The harmonious problem on the relationship between hospitals and patients is more and more popular in China， with the increasing cases about the dispute of medical infringement. In order to guarantee the rights of patients， medical workers and medical institutions， the Tort Liability Law of People's Republic of China was adopted and effective from July 1， 2010. The Tort Liability Law stipulated the main contents of the faults and exceptions from liability of medical institutions and medical workers. Consequently， there are some new situations and problems in the practice of forensic examination on the cases of medical infringement dispute. This article established an assessment system on the quality of medical service and explained， through some specific cases， the application of this kind of assessment in forensic practice. Related Articles | Metrics

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Analysis of Objects of Forensic Accounting Appraisal ZHAO Ru-lan 2012(1): 65-67.  Abstract ( )   PDF (415KB) ( )   The meaning of forensic accounting appraisal is analyzed， and the different views about the objects of forensic accounting appraisal are reviewed. It is proposed that the objects of forensic accounting appraisal are the financial accounting facts in legal matters. The financial accounting facts are composed of financial facts and accounting facts. They are studied by methods of accounting and law. Related Articles | Metrics

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Appraisal Items in Forensic Accounting XU Wei-an 2012(1): 68-72.  Abstract ( )   PDF (693KB) ( )   Forensic appraisal items are professional， normative and specific. They are the basic content in forming technical standards of forensic accounting appraisal. Considering the technical characters of accounting issues and the practice of forensic accounting appraisal， it is imperative to make theoretical studies on forensic accounting appraisal items， in order to set up forensic appraisal standards. Related Articles | Metrics

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Not all Audit in Litigations is Forensic Accounting Appraisal YANG Wei-zhong 2012(1): 73-74.  Abstract ( )   PDF (280KB) ( )   Because the methods and objects of forensic accounting appraisal and audit in litigations are different， not all audit in litigations belongs to forensic accounting appraisal. However， it is not to say that forensic accounting appraisal excludes audit in litigations， nor does that forensic accounting appraisal does not need auditing. Each method has its own functions and plays its own roles. Related Articles | Metrics