Loading...
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

    2012 Issue 3 (Total No. 0)
    Published: 15 May 2012
    Previous Issue    Next Issue

    For Selected: Toggle Thumbnails
    Progress of the Forensic Appraisal System in the New Criminal Procedural Law
    BIAN Jian-lin, GUO Zhi-yuan
    2012(3): 10-13. 
    Abstract ( )   PDF (565KB) ( )  

    The new Criminal Procedural Law has made the following revisions on forensic appraisal: it replaced “appraisal result” with “appraisal opinion”, so that the nature of forensic appraisal is restored; it deleted the provision that re-appraisal of body injuries and mental illness should be conducted by hospitals designated by provincial level governments, so that the forensic appraisal system is more legitimate; it provided for the circumstances under which an appraiser should take the stand and established the hearsay rule for appraisal opinions; it strengthened the protection for the rights of appraisers; it introduced the expert assistant system, so that the cross-examination of appraisal opinions could be more substantial. These revisions are all progresses for the forensic appraisal system. However, the amendments to CPL dose not touch on the issue that who holds the right to initiate forensic appraisal. Besides, more protection for the appraisers’ right is needed.  

    Related Articles | Metrics
    The Perfection of the System Regarding Persons with Expertise — On Article 192 of the New Criminal Procedural Law
    WU Gao-qing, QI Pei-jun
    2012(3): 14-18. 
    Abstract ( )   PDF (659KB) ( )  

    Persons with expertise are different from forensic appraisers. Their responsibilities are to provide opinions regarding appraisers’ opinions. The law about persons with expertise is too general and lack of specific procedures. This is bound to bring many problems. We should make clear the position of the persons with expertise in litigation, and establish and improve the selection and cross-examination procedures and systems for these people.

    Related Articles | Metrics
    Discussion on the Expert Testimony in Court — Also on the New Criminal Procedural Law
    CHEN Bang-da
    2012(3): 19-24. 
    Abstract ( )   PDF (944KB) ( )  

    In recent years, many unjust and incorrect cases were caused by wrong findings about the facts incurred by defected forensic appraisal reports. The phenomenon that appraisers are not testified in court trials attracts much criticism from the society. It is strongly urged that appraisers appear in court. However, appraisers’ appearing in court should be based on necessity. Until the inquiry rules are formed, it will not be a wise decision if we establish compulsory rules to solve this problem. We should analyze the factors influencing appraisers’ testifying in court, evaluate the effect of this mechanism, and find out the reasons for its weakness, so as to establish a sound mechanism for appraisers’ appearing in court.

    Related Articles | Metrics
    On the Authentication and Forensic Appraisal of Physical Evidence — Analysis with American Law for Reference
    MOU Lv-ye
    2012(3): 25-30. 
    Abstract ( )   PDF (814KB) ( )  

    Authentication is a kind of proof which verifies that physical evidence is genuine, and the two evidentiary rules have provided specific statutory sources for it. The three major theoretical foundations of authentication are non-genuine presumption of physical evidence, distinction between fact and secondary fact, preliminary issues of the admissibility. Authentication and forensic appraisal are both designed to prove the genuineness of evidence. however, as the threshold of forensic appraisal, authentication has its unique values and functions. Authentication is the precondition and base of forensic appraisal and forensic appraisal is the necessary extension and supplement to authentication. Combined with Best Evidence Rule, they can safeguard the authenticity and reliability of the evidence. The process of authentication should the introduced into China.

    Related Articles | Metrics
    The Analysis of Human Scent in Underclothing by SPME-GC/MS (SIM) and Subsequent Similarity Calculation
    DAI Yong, WANG Yan-ji, SUN Qin, MENG Pin-jia
    2012(3): 31-35. 
    Abstract ( )   PDF (804KB) ( )  

    Objective To establish an efficient and non-invasive method for analyzing human scent in underclothing. Method The headspace solid phase micro-extraction (HS-SPME) and GC-MS (SIM) detection were adopted. The four main volatile substance groups of alcohols, aldehydes, ketones and esters in underclothing were detected at the same time. The chromatograms obtained were statistically analyzed by the fingerprint similarity technique, which compares the difference in relative peak area ratios of common and uncommon compounds in samples. Results The volatile components extracted from each subject’s underclothing in the study are different. Therefore, the scent in the underclothing of these subjects could be distinguished by the above four main components. Conclusion The established method is sensitive and stable, and can be applied in the discrimination of human scent in underclothing.

    Related Articles | Metrics
    Identification of Glyceryl Trinitrate in Soil Samples by Liquid Chromatography-Electrospray Ionization Tandem Mass Spectrometry
    ZHANG Yu-zi, ZHOU Hong, SUN Yu-you
    2012(3): 36-39. 
    Abstract ( )   PDF (661KB) ( )  

    Objective To establish an LC-ESI-MS/MS method for the determination of glyceryl trinitrate(NG) in soil samples and to make basis for the detection of explosive residues of NG. Method The liquid-liquid extraction method was adopted to extract analytes. The extraction solvents and mobile phase were optimized. The influence of mass parameter was also examined. Results Methanol was used as the extraction solvent. The separation was performed on an SB C18 column(4.6×150mm, 5μm). High sensitivity was achieved with 0.05mmol/L of ammonium chloride in methanol used as the mobile phase. The limit of detection was 0.25ng/g for NG in the standard solution. High recovery(90.4%~95.2%) was achieved. Good linearity (R2>0.9990) was obtained at low concentrations (0.25~10ng/g). Conclusion This method is simple, accurate and sensitive and can be used in trace NG detection for explosive residues.

    Related Articles | Metrics
    The Nature, Function and Setting Mode of Forensic Appraisal Institutions
    SHA Qi-Zhi
    2012(3): 40-44. 
    Abstract ( )   PDF (745KB) ( )  

    The nature of forensic appraisal institutions determines the status and functions thereof. Based on the development of the forensic appraisal work, we will make clear the status and functions of the institutions from the perspective of the setting mode. This will greatly help clarify the idea of reform, integrate resources, strengthen the categorized management and supervision, and promote the development of the forensic appraisal work.

    Related Articles | Metrics
    The Error Correction Mechanism and System for Forensic Opinions — From the Perspective of Public Forensic Appraisal Institutions and Appraisers
    ZHU Lan
    2012(3): 45-48. 
    Abstract ( )   PDF (563KB) ( )  

    Forensic opinions are the product of scientific and technological practice executed by appraisers, thus it is inevitable that errors could occur in appraiser’s opinions. Besides the statutory re-appraisal, it is an effective measure to correct the mistakes in the appraisal opinions by the original appraisers under the procedure rules. This paper discusses the error correction mechanism and system from the perspective of appraisers and forensic appraisal institutions that serve the public, and recommends the verification appraisal as the basic form. It also addresses the issue of the construction of the relevant systems, which will be beneficial to litigation and forensic appraisal.

    Related Articles | Metrics
    The Analysis of Glycerin and Its Dynamic Change in Gel Ink Entries by Gas Chromatography
    ZHAO Peng-cheng, SHI Xiao-fan, WEN Wen
    2012(3): 49-51. 
    Abstract ( )   PDF (476KB) ( )  
    Objective To detect the glycerin in gel ink entries and study its dynamic change. Method The entries made by 20 gel inks containing glycerin were analyzed by gas chromatography. Ink entries of three inks, whose content of glycerin were quite different from one another, made at different time points were analyzed. Results The aging curves of glycerin in three ink samples were formed. Conclusion According to the curves, the inflection point of glycerin in different inks appear in 6 months after written. After 6 months, the content of glycerin tends to remain unchanged.
    Related Articles | Metrics
    The Study of Developing Latent Fingerprints with Novel Hydrophobic Nano-silica Powder
    WANG Hong-fei, XU Wei, LI Xiao-jun, CHANG Bo-nian, SUN Zhen-wen, OUYANG Wei-jia
    2012(3): 52-78. 
    Abstract ( )   PDF (1454KB) ( )  

    Objective To investigate the fingerprint developing effect by novel hydrophobic nano-silica. Method Developing effects were comparied between hydrophobic nano-silica powder and traditional materials including copper powder, aluminum powder and black magnetic powder for oil-sweat mixed fingerprints on non-permeable objects under natural light. Results The latent fingerprints developed by novel hydrophobic nano-silica powder displayed more details and better background contrast in the fingerprint image. Conclusion The novel hydrophobic nano-silica material is more effective in fingerprint development than traditional materials.

    Related Articles | Metrics
    The Development and Application of Forensic Toxicology Database and Information Platform
    CHEN Hang, SHEN Min, XIANG Ping, Dai Guang-yu
    2012(3): 55-61. 
    Abstract ( )   PDF (1453KB) ( )  

    A database and information platform system for forensic toxicology is originally designed and developed in order to meet the demand of the times in improving the traditional approaches to professional information. The system, based on B/S model, is proven to be applicable. It collects and files 518 drugs’ information, and provides three searching modes: convention, symptoms of poisoning and mass spectrum. The reasonable structure, rich content and various searches will make the system satisfy the practical needs in forensic toxicology.

    Related Articles | Metrics
    The Application of Polymorphic STR and X-STR Markers in Determining the Relationship Between Uncle/Aunt and Niece
    LI Li, LIU Jun-hong, LIU Yan, ZHAO Zhen-min
    2012(3): 62-66. 
    Abstract ( )   PDF (441KB) ( )  

    Objective To investigate the strategies for the determination of uncle/aunt-niece relationship through the detection of autosomal and X-chromosomal STR (X-STR) loci. Method Genomic DNAs were extracted from blood stain samples of 4 persons. 39 autosomal STR loci were genotyped by Goldeneye 20A and AGCU 21+1 kit, and 24 X-STR loci were genotyped by Biotype Argus X-12 kit and 16 plex in-house system. Results Relationship between the detected uncle/aunt and niece were not excluded based on the results of autosomal STR genotyping and paternity index. The X-STR genotyping result was consistent with the present conclusion. Conclusion X-STR is a good supplement to autosomal STR. It is reliable to adopt the genotyping results of both genetic markers when determining the relationship between uncle/aunt and niece.

    Related Articles | Metrics
    The Theory and Practice of Arch Destruction Imaging Examination in Clinical Forensic Medicine
    YING Chong-liang, WAN Lei
    2012(3): 67-70. 
    Abstract ( )   PDF (642KB) ( )  

    Arch destruction is specially named by the Assessment for Body Impairment of the Injured in Road Traffic Accident (GB18667-2002) for the assessment of the disability level in foot injury. It is necessary to summarize this type of impairment assessment on the basis of practical work, for it is rarely discussed by the clinical and forensic science communities. Foot forms convex bow-shaped appearance in longitudinal and transverse directions, which are named as the medial longitudinal arch, the lateral longitudinal arch and transverse arch respectively. The physiological function of the arch is to absorb shock and protect the foot. Arch has both static and dynamic postures. The arch could be measured by taking X-ray radiographs of the lateral arch in weight load. When the measured values deviate from normal clinical arch reference values, or the muscle and the ligament are serious injured, it is called arch destruction. Destruction of either the medial longitudinal arch or the lateral longitudinal arch will certainly affect the transverse arch, which reaches the condition of more than 1/3 of the arch destruction. If both the medial longitudinal arch and the lateral longitudinal arch are destroyed, the transverse arch will be destroyed, which reaches the condition of the whole arch destruction.

    Related Articles | Metrics
    The Visual Dysfunction Appraisal after Traffic Accident
    LIU Rui-jue
    2012(3): 71-73. 
    Abstract ( )   PDF (459KB) ( )  

    Based on the practice of visual dysfunction appraisal after traffic accidents, the aucthor discuss comprehensively the new and old classification, the mechanism and clinical manifestations of eye damage in traffic accidents, the time, principle and methods of visual dysfunction appraisal. That would be helpful for the normalization of visual dysfunction appraisal after traffic accidents.

    Related Articles | Metrics
    Discussion on the Systematic Classification of Physical Evidence and Its Characteristics
    LI Biao, WANG Xiang-chen, YU Bin, LI Zhi-rong, WANG Hong
    2012(3): 74-78. 
    Abstract ( )   PDF (496KB) ( )  

    In order to fully understand the human and non-human information that physical evidence reflects, all kinds of physical evidence are classified according to the nature of the reflected information and the core laws of the physical evidence system. Based on the principle of meso methodology in modern system science, physical evidence’s characteristics are systematically classified so that forensic examiners can recognize those characteristics in a multidimensional and thorough way, and extract more information. It can improve the examination effectiveness and accuracy of the case. Meanwhile, it can provide more scientific and accurate basis for establishing quantitative models in systematic examination.    

    Related Articles | Metrics
    Identification of Paintings
    YANG Sheng-jun, WANG Wei
    2012(3): 79-81. 
    Abstract ( )   PDF (467KB) ( )  

    Painting identification started from ancient times, mainly focusing on the identification of cultural relics. The main purposes of this kind of identification are to find out the personal style and the era of the artifact, and most of all, to identify whether or not the artifact is genuine. Such identification is generally performed by experts on cultural relics or archaeology, with genuine artworks or related literatures as reference. But from the viewpoint of questioned document examination, whether two paintings are drawn by the same person is a novel subject. In this article, the process of identifying two paintings with the questioned document examination method is introduced

    Related Articles | Metrics
    Investigation of the Distribution of Diatoms in the Waters of Shanghai
    MA Kai-jun, LI Qi, ZHANG Xiao-dong, YU Yong-an, XU Shang-gui, ZHAO Hai, CHEN Xin, YAN Jian-jun
    2012(3): 82-83. 
    Abstract ( )   PDF (534KB) ( )  

    In forensic cases, the examination of the body in water is difficult. As a necessary method of examining the body in water, diatom testing is widely used because of its simple operation. Based on the actual cases, this article introduced the classification and distribution of diatoms in the waters of Shanghai area, so as to provide reference for drowning cases in Shanghai on determining the falling location.

    Related Articles | Metrics
    Some Issues on the Construction Quality Appraisal in Practice
    ZUO Yong-zhi, LIU Yu-min, BAI Zheng-xian, CHEN Ming-fei, ZONG Na-na
    2012(3): 84-86. 
    Abstract ( )   PDF (547KB) ( )  

    The construction quality appraisal is an important branch of forensic appraisal. However, due to lack of relevant laws and regulations in this field, the whole industry is still in the early stage of development, so there are a lot of problems. Based on the regulations of forensic appraisal, combined with the author’s experience in appraisal, this article discusses the existing problems in construction quality appraisal and makes some suggestions.

    Related Articles | Metrics
    The Cause of Frame Beam Slab Crack and Its Structure Quality Appraisal
    WU Guo-qiang, ZHENG Ke
    2012(3): 87-89. 
    Abstract ( )   PDF (596KB) ( )  

    During construction, a wide range of cracks appeared in the middle beam slab of a five-layer framework structure building, which badly affected the safety of the building. Based on the testing data and check results of the structure obtained on the scene, the cause of beam slab crack was analyzed systematically. Three kinds of reinforcement plans were put forward. The first scheme has been described in detail, which could be used as reference for other similar projects.

    Related Articles | Metrics