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2012 Issue 2 (Total No. 0)
Published: 15 March 2012 Previous Issue    Next Issue

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New Developments and New Expectations of the System of Criminal Judicial Appraisal in China CHEN Guang-zhong, LV Ze-hua 2012(2): 1-51.  Abstract ( )   PDF (705KB) ( )   The new developments of the system of criminal judicial appraisal in the newly-remended Criminal Procedure Law of 2012 mainly reflect in the following areas： establishment of title of “Expert Opinions”， establishment of the special protection system of providing statements of experts， improvement of appearance and testifying of experts in court， the cancellation of the identification power of the provincial government-designated hospitals and establishment of the system of expert assistants. The new developments have active meanings in the aspects of ensuring the authenticity and legitimacy of the identification results， protection of the legitimate rights and interests of the appraiser and the parties and promotion the modernization of the criminal justice identification systems as well as the evidence systems. However， from long-term point of view， we should continue to push the reforms from the aspects of legislative technique， the start model of Judicial identification， appearance and testifying of experts in court， and mandatory identification and periods of judicial appraisal. Related Articles | Metrics

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The Legislative Position of the Consequence of Appraisers’ Refusing to Testify in Trial WANG Jun-min 2012(2): 6-111.  Abstract ( )   PDF (805KB) ( )   It is necessary to establish the principle that requires appraisers to testify in trial when amending the Chinese Criminal Procedure Law. It is adequate to urge the appraiser to testify in trial and meet the burden of proof by submitting appraisal opinions by making clear that the appraisal opinions without testimony by the appraiser in trial will be rejected by the court. Thus， the authoritativeness of procedural law can be enhanced. It is practical and meaningful to make clear the legal consequence that procedure illegality may cause the litigation or evidence null in order to enhance the public trust in judiciary. Emphasizing the consequence of procedural illegality can also ensure the implementation of Criminal Procedure Law. Related Articles | Metrics

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The Amending and Evaluating of the Terms of Forensic Appraisal in Criminal Procedure Law GUO Hua 2012(2): 12-16.  Abstract ( )   PDF (720KB) ( )   Some amendments have been made regarding to forensic appraisal in the Criminal Procedure Law， such as the name of examination opinions for evidence， the define of hospitals designated by provincial governments， the legal consequence of forensic examiners to appear in court testimony， the safeguard of forensic examiners， the expert assistant in court testimony and so on. The meaning of these amendments should not be underestimated. However， due to lack of prospective， some important issues such as the initial right of forensic appraisal and the compulsive appraisal are not related to， and further amending and improving are needed in the reform of the forensic appraisal system. Related Articles | Metrics

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Construction of the Hearing System in Forensic Psychiatry Appraisal ZHANG Yan, LI Dong, GE Lu-zou, ZHANG Ji, CHANG Lin 2012(2): 17-21.  Abstract ( )   PDF (767KB) ( )   Compared to other types of appraisal， forensic psychiatry appraisal is fairly special and full of controversy. The appraisal results determine the party’s responsibility， the competency to stand trial， the witness’s testified ability， the victim’s sexual self-defense ability， the offender’s competency to serve a sentence and so on. They directly relate to the vital interests of the parties and have great influence to a case. But its academic characters that lack experimental data to support its conclusion and its appraisal methods that rely on documentary evidence make it easy for the parties to suspect and dispute about the conclusion. To solve the problem， this article suggests that the hearing system which is characterized by its openness and parties’ involvement should be introduced. Before appraisal conclusions are made， the relevant parties should have the opportunities to provide， cross examine， explain and argue about the evidence. They also bear the burden of persuading the other party. By participating in and supervising the appraisal process， they are more likely to eliminate confusion and controversy， and understand the conclusion. Related Articles | Metrics

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Determination of Tetrodotoxin in Fish by HPLC-MS JIN Yu-e, MA Jia-ming, XIONG Li-bei, WANG Guo-quan 2012(2): 22-25.  Abstract ( )   PDF (619KB) ( )   Objective To develop a method for the determination of tetrodotoxin in fish by high performance liquid chromatography-mass spectrometry （HPLC-MS）. Method After being extracted with acetate acid， hydrolyzed by papain， with fat removed by petroleum ether， precipitated with methanol， and further purified by SPE， samples were analyzed by HPLC-MS and quantified with the external standard method. Results The linear range of tetrodotoxin was 0.10-10 mg/kg in fish meat and liver （R=0.9998 and 0.9991， respectively）. The mean recovery was 94.6%~102% and RSD was below 6.6%. The limit of detection was 0.03 mg/kg. Conclusion The established method is simple and efficient. It can provided an accurate and effective approach for the detection of tetrodotoxin in drinking water and fishes in forensic toxicology identification. Related Articles | Metrics

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The Application of SEM/EDS and XRF Methods in Insulation Tapes Analysis SUN Zhen-wen, QUAN Yang-ke, TAO Ke-ming 2012(2): 26-29.  Abstract ( )   PDF (451KB) ( )   Objective To study the analytical methods of the elements in the backing of insulation tapes of the same color. Method Scanning electron microscopy/energy dispersive spectroscopy （SEM/EDS） was used for determining the relative amounts of two main elements， Cl and Ca， in the backing， and SPSS software was used for statistical analysis. X-ray fluorescence （XRF） was used for detecting the trace elements. Results Through the SEM/EDS quantitative analysis by comparing the relative amounts of Cl and Ca， 539 sample groups could be distinguished from the total 561 groups， and the discrimination rate was 96.1%. Based on the XRF qualitative analysis， 34 brands of red insulation tapes were divided into 11 groups according to their different combinations of Mg、Al、Si、S、Ti、Sb、Ba、Pb. The total discrimination rate was 98.4% when combining these two methods. Conclusion SEM/EDS and XRF methods can be used to distinguish different brands of insulation tapes of the same color. Related Articles | Metrics

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The Empirical Study of the Legal Aid System in Forensic Appraisal CHEN Ru-chao 2012(2): 30-36.  Abstract ( )   PDF (1069KB) ( )   We have accumulated a wealth of experience in the legal aid in forensic appraisal practice， though the time of its operation is not long. Some typical cases， with the statistical data of many forensic institutions and legal aid organizations， show that the legal aid system in forensic appraisal started in 2006， and mainly occurs in civil litigation. Besides， most cases of legal aid are in traffic accidents and about appraisal of injury or disability caused by work. It is obvious that appraisal institutions and legal aid organizations have played an important role in promoting the legal aid in forensic appraisal. The present situation of the legal aid in forensic appraisal has been advanced by the reform of the forensic appraisal system， the accumulated experience in legal aid and other conditions. Though there are still many problems， the exploration of the way to resolve these problems reveals the direction of the development. Related Articles | Metrics

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The Qualification for Disability Assessment of Intellective Defects TANG Tao, ZHANG Qin-ting, GUAN Wei 2012(2): 37-47.  Abstract ( )   PDF (402KB) ( )   In recent years， there arise more and more disability assessments of intellective defects and mental disorders caused by traffic accidents. As a result of non-standard operations in the practice， the inconsistence of assessment conclusions occurs frequently， which harms the assessment quality and affects disputes resolution regarding traffic accident compensation. So far， the qualification of some assessment bodies and their examiners has been questioned by traffic management departments， and has also drawn the attention of forensic identification administration sectors. With the aim to provide some ideas on the operational standardization of mental disability assessment， this article discusses the topic associated with the qualification for mental disability assessment from two aspects： procedures and technical operations. Related Articles | Metrics

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Legal Reasoning of Computer Forensics Methods in Software Infringement GONG De-zhong 2012(2): 39-42.  Abstract ( )   PDF (1186KB) ( )   As computers are more and more widely used in all walks of life， the economic benefits of software are increasing. With various software developed and applied， the software infringement behaviors are also increasing. Only to perfect laws and regulations and to fight powerfully against infringement， can the benefits of software developers be guaranteed effectively. How to judge the software infringement is the premise to protect the genuine and strike the piracy. This is the mission of computer forensics in criminal investigation and forensic identification. Related Articles | Metrics

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Study of Digital Evidence Investigation in QQ LONG Bo, XIAO Yang, MAI Yong-hao, 2012(2): 43-47.  Abstract ( )   PDF (851KB) ( )   This paper introduces the research status of digital evidence investigation in QQ software， and analyzes the QQ message transmission protocol， database file structure， and the encryption mechanism of Msg2.0.db files. The study focuses on the acquisition methods of QQ chat records and other evidence， and proposes a new thought that involves evidence acquiring from the combination sources of QQ and mobile phones. The outlook of digital evidence investigation in QQ and its forensic identification are given. Related Articles | Metrics

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Factors Affecting the Development of Latent Fingerprints by Vacuum Metal Deposition LI Xiao-jun, LIU Dan, WANG Hong-fei, LIU Kun-ming 2012(2): 48-51.  Abstract ( )   PDF (1865KB) ( )   Objective The application of vacuum metal deposition in the development of latent fingerprints was investigated. Methods Factors affecting the developing result， including the spraying distance， the amount of gold， the hanging position of the objects， the current and time of the zinc evaporation were studied. Results With optimized conditions， the three-dimensional ridges were enhanced， and the distribution of gold and zinc film between hand ridges and background were improved， which increased the contrast of the latent fingerprints. Conclusion The best conditions to develop latent fingerprints by vacuum metal deposition are determined. Related Articles | Metrics

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The Study on the Basis for Corpse Fingerprints Identification PAN Zi-qin 2012(2): 52-78.  Abstract ( )   PDF (1004KB) ( )   To judge a signature fingerprint is made by a living or dead person， and further identify the condition of the fingerprint， is a new subject in the present work of fingerprint identification. The signature fingerprint usually is made by a living person. However， sometimes the criminals fake the signature fingerprint of a person who actually is dead through utilizing the corpses， for the purpose of disturbing the investigation， escaping the punishment or getting illegal benefits. Therefore， the study on the basis for corpse fingerprints identification can provide helpful information for the investigation. The phenomenon of corpse in the early stage is the key to distinguish the corpse fingerprint， which possesses specificity and relative stability， compared with the fingerprint made by a living person. Together with the reflection of fingerprints， the three features of corpse fingerprints constitute the scientific basis of corpse fingerprints identification. The research of corpse fingerprints should summarize the exterior features of corpse fingerprints and study on the porokeratosis features of the corpse at the micro level. In a word， the ultimate goal of the research is to enhance the scientific reliability of the corpse fingerprints identification， thus the identification conclusion could be used as evidence in court. Related Articles | Metrics

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The Inspection and Application of Tire Burst Trace in Traffic Accidents OUYANG Chang-qing, 2012(2): 56-58.  Abstract ( )   PDF (596KB) ( )   Tire bursting is common in traffic accidents. Inspecting tire burst trace and finding out the bursting cause play an important role in accident examination and corresponding liability determination. Due to the complex mechanism and causes of tire burst trace， it is somewhat difficult to inspect and identify those traces. This paper mainly discusses the morphological characteristics and differences of various types of tire burst traces， and put forward the points of tire burst traces inspection in traffic accidents. Related Articles | Metrics

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Analysis of Forensic Document Examination in Private Lending Dispute Cases JIA Xiao-guang 2012(2): 59-61.  Abstract ( )   PDF (530KB) ( )   With the development of social economy， especially under the influence of financial crisis and the lack of honesty and credit in modern society， the forensic document examination in private lending cases is facing more and more challenges and difficulties. With personal experience of performing forensic document examination in private lending cases， the author analyzes and sums up the characteristics and key points of the examining procedures in such cases， and puts forward suggestions about how to standardize the examination report in avoiding unnecessary legal disputes. Related Articles | Metrics

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The Procedure and Key Points for Examination of Forged Printed Documents WANG Yue 2012(2): 62-68.  Abstract ( )   PDF (947KB) ( )   The research on the examination of forged printed documents reflects following features： the research level is limited by the professional and complex knowledge demanding； the status of the research couldn’t meet the need of forensic demands； and there lacks systematic and comprehensive research achievements both in theory and practice. Under the above circumstance， aimed at two typical categories of forged printed documents， namely the content addition to one-page printed documents and the page displacement of multiple-page printed documents， the article designs a rational examination procedure and further emphasized the related key points. Related Articles | Metrics

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The Application of Animal DNA Analysis in Forensic Science GUO Hong, LI li, YANG Chen, XU Hong-xing, WANG Wei 2012(2): 69-71.  Abstract ( )   PDF (365KB) ( )   The application of non-human DNA typing， especially those DNAs from animal bodies or secretions， is increasing in forensic science investigation. Non-human DNA analysis can indicate either where the crime is committed against a person or property， or where the animal offender comes from. Currently， there are few standards of methods used in forensic analysis of animal DNA. According to the latest research of the International Society for Forensic Genetics， this article reviews the application status of animal DNA analysis in forensic science investigation and puts forward some suggestions. Related Articles | Metrics

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The Abuse and Detection of Cantharis BAI Lu, WANG Yu-jin, YAN You-yi 2012(2): 72-74.  Abstract ( )   PDF (577KB) ( )   Cantharis is a kind of traditional Chinese medicine with high poisonousness and could cure many diseases when used properly. However， it could induce poisoning or death. Some details about cantharis are summarized， such as pharmacological characters， clinical application and abusing cases. Since the poisonous or fetal cases resulting from the abuse of cantharis frequently happen in the practice of forensic medicine， the detection methods of cantharidin is introduced as well as their future development. Related Articles | Metrics

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Research and Comment on the Establishment of Judicial Accounting Appraisal Institutions XU Yan-lin 2012(2): 75-78.  Abstract ( )   PDF (566KB) ( )   Since the “Decision of the Standing Committee of the National People’s Congress on the Administration of Judicial Appraisal” was adopted in 2005， the type of judicial accounting appraisal institutions has been clearly defined. However， we’ve got no experience in how to establish such institutions. This paper analyzes the advantages and disadvantages of the two models of the “centralized” and the “ decentralized”， and raises several questions in the course of establishing the “mixed-type” judicial accounting appraisal institutions in our country， hoping to contribute to the establishment of judicial accounting appraisal institutions that are most compatible with our current judicial system. Related Articles | Metrics

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On Some Practical Issues of Judicial Accounting Appraisal JIN Jian-wen１, JIN Ming-chen２ 2012(2): 79-81.  Abstract ( )   PDF (376KB) ( )   The practice of judicial accounting appraisal should be controlled from two aspects： procedural and substantive. The procedural side must abide by laws and regulations， while the substantive side can be confirmed or excluded through three ways： proving confirmation， direct confirmation and presumptive confirmation. The results of appraisal include conclusions （positive or negative） and appraisal opinions. Apart from the annotations and the procedural elements such as the facts of entrust， acceptance and others， judicial accounting appraisal reports shall also include three aspects： basic financial accounting facts and data， reasoning and conclusions of the appraisal. Related Articles | Metrics