Archive

2012 Issue 6 (Total No. 0)
Published: 15 November 2012 Previous Issue    Next Issue

---

For Selected:

Download Citations EndNote Ris BibTeX

Toggle Thumbnails

Select

The Progress and Shortcomings of the New Civil Procedure Law Regarding Provisions on Forensic Appraisal ZOU Ming-li 2012(6): 1-6.  Abstract ( )   PDF (896KB) ( )   The new Criminal Procedural Law and Civil Procedural Law， amended by the NPC， will be implemented in January 2013. The revised content involves some provisions about forensic appraisal. The new Civil Procedural Law has more terms in this regard， and it is more specific compared with the new Criminal Procedural Law. In view of theory and practice of forensic appraisal， this article discusses the progress in the new Civil Procedural Law： the control of startup of appraisal， the qualification of appraisers， the relaxation of requirements for the appraisers’ appearing in court， the two serious consequences of the appraisers’ refusal to testify， the provisions regarding appearing in court by “personnel with expertise” hired by the parties. At the same time， it will discuss the defects of the provisions， and make some suggestions about judicial interpretation and amending the law in the future. Related Articles | Metrics

Select

Analyses of the Appraisal System Regulated by the Amended Criminal Procedure Law and Civil Procedure Law LI Xue-jun, ZHU Meng-ni 2012(6): 7-12.  Abstract ( )   PDF (1225KB) ( )   Along with the amendment of the Criminal Procedure Law and Civil Procedure Law， some changes have taken place in the forensic appraisal system. The author analyses the new appraisal system regulated by the new procedure laws and points out that they have not only great progresses but also some defects. The key progresses are： renaming the term “appraiser’s conclusion” as “appraiser’s opinion”； empowering parties in civil litigation to apply for appraisal； making clear the situation that an appraiser must appear in court and the legal consequences of the appraiser’s non-appearance in court； providing appraisers with special protection in serious criminal cases； establishing the expert assistant system to meet the demand of cross-examination of appraisers in court and the demands of appraiser’s being cross-examinated； abolishing the practice of designating appraisal organization for two types of appraisals. The main defects are： in criminal cases， defendants have no right to apply for mental disorder appraisal； appraisers are the objects being selected or assigned by the parties or the people’s court； the right of appraisers to charge for service is neglected and the appraisal charge is regarded as the fee for appearing in court by appraisers； the distinction between a lay witness and an appraiser is not made clear. Related Articles | Metrics

Select

Power Struggle in the Field of Judicial Appraisal Management and Governance Patterns GUO Hua 2012(6): 13-18.  Abstract ( )   PDF (933KB) ( )   Disputes emerge among different powers in judicial appraisal during the process of  judicial appraisal reform， due to the investigation organs’ resistance to and the courts’ interference with the right of judicial appraisal， so that the legally-established uniform judicial appraisal management system has not yet formed for five years. The main countermeasures are： the appraisal organizations of the investigation organs are separated from the investigation departments and administrated equally under the unified management with social appraisal organizations， and are limited the flexibility to control judicial appraisal by means of the force against interpretation. From the perspective of the system， the legislation should respond to the courts’ attitude towards judicial appraisal， to safeguard the efficient operation of judicial appraisal， and to make the judicial appraisal system out of the predicament. Related Articles | Metrics

Select

Leading Scientific Development of Forensic Science Units by Proficiency Testing SHEN Min 2012(6): 19-23.  Abstract ( )   PDF (751KB) ( )   This article reviews the status quo and effects of proficiency testing （PT） in the field of forensic science， and expounds the key elements and steps for the PT provider to notice， such as the professional personnel， the program system， the scheme design， the result evaluation， the standardized operation as well as the service to customers. It also analyzes the common problems of the consciousness， the testing technique， the result evaluation method and the operation mechanism existing in the proficiency testing. It finally proposes to improve forensic PT system further and make proficiency testing play the leading role in the development of forensic technologies and the construction of forensic science units. Related Articles | Metrics

Select

Diagnosis of Mental Disorder due to Drug Abuse in Forensic Psychiatric Appraisal GUAN Wei, ZHANG Qin-ting, TANG Tao, HUANG Fu-yin 2012(6): 24-27.  Abstract ( )   PDF (631KB) ( )   Objective To discuss the diagnosis of mental disorder due to drug in forensic psychiatric appraisal. Methods 60 cases related to drug（49 definite cases， 9 suspicious cases and 2 comorbidity cases） from 2006 to 2011 were reviewed. Results Methamphetamine， heroin and MDMA were the widely used drugs in these cases， often in a combinative way. The histories of drug abuse before psychiatric symptoms were varied， and usually the longer the history of drug abuse， the longer the duration of symptoms after drug abstinence. In a few cases， symptoms lasted for more than 12 months. Most cases presented as psychotic symptoms and emotional disorders， making them difficult to be distinguished from schizophrenia. Examination evidence was common in these cases. Insufficient objective evidence of drug abuse and unsureness of the course lead to uncertainty in suspicious cases. Conclusion Objective evidence of drug abuse should be the foundation of definite diagnosis. Some cases with long course may be the result of organic impairment of brain caused by chronic drug abuse. Related Articles | Metrics

Select

Discrimination of Direct Dyes and Dyed Fibers by Raman Spectroscopy Luo Yi-wen, Sun Qi-ran, Xu Che, XI Jian-hua 2012(6): 28-32.  Abstract ( )   PDF (738KB) ( )   Objective Raman spectroscopy was applied for the analysis of the commonly used direct dyes and fibers dyed with them. Method 9 blue dyes， 6 black dyes and 6 red dyes， as well as cotton， ramie， viscose fibers dyed with these dyes were analyzed with three different laser wavelengths of a Raman microprobe spectrometer. Results 514nm laser wavelength provided high quality spectra and good discrimination power of dyes. Influenced by the fluorescence， the results from possessing 633nm and 785nm laser wavelengths were not as good as from 514nm. The spectra of dyed fibers are consistent with that of dyes with strong Raman signals. For dyes influenced by the fluorescence， their fibers were affected more. Different kinds of fibers colored with the same dyes gave signals spectra with the same Raman shifts and intensities. Conclusion Raman spectroscopy has the potential as an analytical tool for examination of dyes and fibers. Raman signals of dyed fibers are mainly that of dyes. Related Articles | Metrics

Select

The Mechanism of Postmortem Injury Hemorrhage in Soft Tissue ZHANG Hong-hao, QI Lin, MENG Hang 2012(6): 33-36.  Abstract ( )   PDF (2043KB) ( )   Objective To verify whether postmortem injury could cause the hemorrhage in soft tissue. Methods The rat model of postmortem injury was constructed. Anatomical observation， HE staining and western blot experiment were performed to study the hemorrhage in soft tissue. Results Bleeding points were observed in soft tissue. Microscopic examination showed that plenty of red cells emerged in soft tissue. According to the western blot results， hemoglobin was highly expressed in the soft tissue of rats in postmortem injury group. Conclusion The hemorrhage of soft tissue could occur in postmortem injury. The traditional forensic medicine theory that the hemorrhage in soft tissue is the definite indication of injury before death has been overthrown. Moreover， it has been verified that the formation of hemorrhage in soft tissue results from hydrostatic pressure. Related Articles | Metrics

Select

Finite Element Modeling of Lower Limb and Exploration of Bone Injury Mechanism LI Zheng-dong, LIU Ning-guo, HUANG Ping, SHAO Yu, HUANG Wei-hua, WAN Lei, ZOU Dong-hua, CHEN Yi-jiu 2012(6): 37-42.  Abstract ( )   PDF (1141KB) ( )   Objective A detailed FE （finite element） model of human lower limb was developed to explore the mechanism of injury suffering from rolling and impact， and to reconstruct a real case with the developed model. Methods Human lower limb consists of long bones， patella， menisci， knee ligaments and soft tissues. They were reconstructed by Mimics software on the basis of CT scans of a victim. The model was divided by structural grid approach， and the material properties of different parts were defined according to the literature data. The developed FE model was validated by three points bending tests of long bones， thigh and leg. Three different loading conditions including rolling and impact at low， medium and high speed were applied to explore the possible injury mechanism of a real case. Results A FE model of lower limb was developed， and it is mainly composed of hexahedral elements. The peak forces， maximum bending moments and history curves of the model in tests were agreed with the data in literatures. Under the running over condition， the segmental fracture pattern could be formed. Femur fracture pattern and mechanism were similar to the actual case of being run over by a wheel. Conclusion The study shows the method can be applied to explore possible mechanisms of lower limb fractures in forensic cases. The model can also help to determine the possible loading conditions. Related Articles | Metrics

Select

Study of the Examination of Sequences of Crossed Laser Print and Stamp Impression Using Fluorescence CHENG Xiang-wei, ZHANG Shi-long, CHU Jian-xin, CHEN Yue-ping, MENG Wei-hong 2012(6): 43-45.  Abstract ( )   PDF (1016KB) ( )   Objective To establish a method for examining sequences of crossed laser print and stamp impression using fluorescence， and analyze the sequencing characteristics of different model laser printers and different material stamps. Methods Using visual spectral comparator（VSC5000） and Photoshop software， the characteristics of the cross section of laser print and stamp impression were examined by fluorescence， and the features of different model laser printers and different material stamps were analyzed. Results There are common characteristics as well as respective ones. Conclusion The appearing characteristics of the cross sections depend on printer models and stamp materials. Therefore， in a specific case， a forensic conclusion should be made after comprehensive examination. Related Articles | Metrics

Select

Progress in the Study of Skeletal Age Estimation with CT Technology MIAO Chun-yu, YANG Ke, LI Jian-bo, WANG Fu-lei, SHI Xue-zhi, ZHANG Hui-qin 2012(6): 46-48.  Abstract ( )   PDF (563KB) ( )   Age estimation is one of the most important studies in forensic anthropology. The study methods and advanced technologies in multi disciplines have been applied in forensic anthropology. With the rapid development of imaging techniques， forensic anthropologists are carrying out the study on the application of computed tomography（CT） technology in forensic anthropology. CT has such an excellent imaging capability that it can provide a variety of modes of high-resolution and three-dimensional skeleton models by rapid and continuous scan as well as powerful image process. It has important implications for forensic anthropology identification both on the living and human remains. This article provides an overview of progress in the study of skeletal age estimation with CT technology. Related Articles | Metrics

Select

The Application of Gold Nanoparticle in the Development of Latent Fingerprint YU Yan-lin 2012(6): 49-53.  Abstract ( )   PDF (770KB) ( )   Nanomaterials and their characters， synthesis methods and the applications of gold nanoparticle are briefly introduced. Based on the progress of techniques in the field of latent fingerprint development （including original and modified multi-metal deposition method， single metal deposition method， powder method and in situ growth method， etc.）， a review on the visualization of latent fingerprint by gold nanomaterial is presented in details， including the mechanism， advantages and disadvantages of these methods. Combined with the current application of gold nanomaterial in latent fingerprint development， its future progress is also explored. Related Articles | Metrics

Select

Analysis of Correlation between Misuse of Oxytocin and Medical Malpractice GAO Jun, GUO Xiao-wei, ZHANG Jian-hua, CHEN Yi-jiu 2012(6): 54-58.  Abstract ( )   PDF (747KB) ( )   Gestation is a natural physiological process. However， the success of whole pregnancy is affected by multi factors. There are some unpredictable risks which may happen during pregnancy such as physiological and pathological factors in pregnant woman， fetal period factors， natural and social factors， anthropogenic factors， et al. Currently， the obstetrical departments in China confront problems of large quantities of pregnant women， fast turnover of obstetric beds and complex symptoms in pregnant women. The incidence of medical malpractice in obstetrical departments ranks the first in the hospitals in China. In this paper， the authors studied the recent related cases and analyzed correlation between misuse of oxytocin and medical malpractice in order to provide reference to peer forensic scientists. Related Articles | Metrics

Select

Discussion on the Characterization of Offence Behaviour and the Classification SHI Xue-zhi, WU De-qing, YU Xiao-jun, TANG Gu, LI Meng, ZHANG Xue-dong, XU Xiao-hu 2012(6): 59-63.  Abstract ( )   PDF (1316KB) ( )   The injuries caused in sexual offence were discussed， using the theory and knowledge  of psychological and behavioral analysis. These injuries were divided into five basic categories：  erotic injury， tyrannical injury， abnormal injury， resistant （including fight and struggle） injury， and tentative （including teasing and threat） injury. It is considered that the classification is useful to characterize the offence behaviour and complement the chain of evidence by combining the psychological behavior and morphological injury. It can help the reconstruction of crime scene and the identification of criminal. Related Articles | Metrics

Select

Study on the Identification of Homologous Photosensitive Stamp Impressions LIN Hong, WANG Chang-liang, ZHOU Guang-lei, GU Hui-yong, LI Ming, LIU Ping, CHEN Wei-min, XUE Jian-guo 2012(6): 64-66.  Abstract ( )   PDF (649KB) ( )   Cases of forging homologous photosensitive stamp impressions are increasing in recent years. In this paper， through the research on the manufacture principles as well as the technological process and printing process of homologous photosensitive stamp impressions， the differences among the homologous stamp impressions were studied. Moreover， the characteristics of the homologous photosensitive stamp impressions， the identification methods and the attentive problems in examination were concluded. These conclusions can provide reliable basis for the identification of this kind of cases. Related Articles | Metrics

Select

Research on the Identification of the Variation of Handwriting Habits JIA Zhi-hui 2012(6): 67-71.  Abstract ( )   PDF (547KB) ( )   The variation of handwriting habits has two forms： patterns and partial performances. It has important influence on the scientific basis and logical relationship of handwriting identification. In this paper， the constitution， characteristics and inner logical bindings of the variation of handwriting habits were discussed. The requirements for the collecting of known handwriting samples with various writing habits， the reasoning of the different characteristics between the questioned and the known and the wording of conclusions were put forward. The research may promote the basic theory of forensic handwriting identification， and also help to avoid making erroneous conclusions due to deficient knowledge of the varation of handwriting habits. Related Articles | Metrics

Select

Recognition of the Strokes Sequence of Chinese Character RU SHEN Ze-bo 2012(6): 72-74.  Abstract ( )   PDF (603KB) ( )   Objective To establish a scientific method for recognition of the strokes sequence of Chinese character RU. Method Handwritings of the target character were collected and divided into training and test groups. The stroke sequences were reported by the writers. The pattern characteristics of the character were extracted from the training samples. The classifier was designed based on those characteristics， and further verified by the test samples. Results With the 352 valid samples obtained， 2 stroke sequences were reported. The pattern characteristics of the stroke movements were extracted and the discriminant function and rules were established. The recognition method was tested by the subjects. Conclusion A recognition method for sequencing of Chinese Character RU has been established， which has a negation rate of 11.4%， with an error rate of 4.6%. Related Articles | Metrics

Select

Experimental Research on the Copying Trace of Curved Groove Teeth Key MA Yuan-yuan, HE Yu-hua 2012(6): 75-77.  Abstract ( )   PDF (705KB) ( )   Objective To explore the features of copying marks on curved groove teeth keys and their changes with the increase of opening times. Methods Using copied keys to carry out opening experiments and observe the copying traces before and after opening. Results It was found that copying traces of original keys mainly include clamped trace on the main board and scrape trace on tooth-bottom and tooth-wall. With the increase of opening times， the scrape trace on tooth-bottom is more stable than the one on tooth-wall. Conclusion The copying marks are clamping trace and scrape trace of profiling needle patterns. The former is not obvious， and the latter is stable. Related Articles | Metrics

Select

The Risk and Countermeasures in Sibling Identification-Thinking Derived from a Case LIU Jun-hong, LIN Yuan, ZHANG Su-hua, LI Li 2012(6): 78-81.  Abstract ( )   PDF (419KB) ( )   Objective To evaluate the risk of false identification of sibling relationship. Methods In a case， the samples were analyzed by typing autosomal STR loci and X-chromosomal STR（X-STR） loci. The full sibling index was calculated with the ITO method， as well as the number of identical allele， and the matched STR loci with identical alleles. Results Both the autosomal STR and X-STR genotyping results suggest that the tested persons be not the claimed full siblings. With the non-full-sibling individual ruled out， the full sibling relationship between the dubious individual and the tested full siblings were excluded based on the deduced genotypes of the biological parents. Conclusion Regarding to the sibling identification case， if the sample of biological father or mother is not available， different genotyping technologies （autosomal STR， X-STR，Y-STR， mtDNA etc.） should be used to verify the claimed “full sibling relationship”. The case could also be analyzed by calculating the full sibling index according to the ITO method or counting the number of identical alleles and matched STR loci with identical alleles in order to confirm the identification results mutually and reduce the risk of false conclusion. Related Articles | Metrics

Select

Examination of the Vehicle Rolling on Human Body LI li-li, WANG Jian-ju 2012(6): 82-87.  Abstract ( )   PDF (1350KB) ( )   Objective To determine whether the vehicle has rolled the human body. Methods Trace examination method was applied. The results， combined with the injury characteristics on the human body， were analyzed comprehensively. Results A specific method of identifying the vehicle rolling on human body has been developed. Conclusion The fact of vehicle rolling can be determined by the integrated examination and matching of the trace on the vehicle， the tire pattern and on the human body and clothing， as well as the injury characteristics on the human body. Related Articles | Metrics

Select

The Application of Brake Coordination Time in Vehicle Speed Estimation PAN Shao-you, FENG Hao, ZHANG Zhi-yong, CHEN Jian-guo 2012(6): 88-91.  Abstract ( )   PDF (492KB) ( )   Objective To establish a method of calculating vehicle speed by brake coordination time in vehicle speed estimation. Methods Detailed calculation procedures and the formation of errors were explained with a set of data. Results Brake coordination time should be a valid factor in determining the boundary values of the initial braking speed. Conclusion The initial braking speed can not be obtained directly by brake coordination time， but with this parameter， the result can be more accurate. Related Articles | Metrics

Select

Review on Forensic Appraisal of Construction Quality MA De-yun, ZUO Yong-zhi, BAI Chang-ju, NAN Kun 2012(6): 92-95.  Abstract ( )   PDF (567KB) ( )   According to the problems found in the practice of construction quality appraisal， combined with the experience drawn from hundreds of successful cases， a general concept of forensic construction quality appraisal was summarized. Some preliminary discussion in this field was proposed in order to promote the standardization and routine procedures of construction quality appraisal， including the position of forensic appraisal， the trigger mechanism， the generalized classification， the applicable standards， the difference between forensic and general technical appraisal， and problems needing attention in the process of forensic appraisal. Related Articles | Metrics

Select

On the Integrity of Chains of Evidence in Forensic Appraisal of Construction Quality RUAN Jiong-zheng 2012(6): 96-98.  Abstract ( )   PDF (468KB) ( )   By summarizing the practice and experience of forensic construction quality appraisal in recent years， this paper pointed out the difference between forensic construction quality appraisal and construction quality inspection， and illustrated how to assure the integrity of evidence chains in forensic construction quality appraisal， which is beneficial to the admissible rate of forensic expertise. Related Articles | Metrics

Select

A Forensic Appraisal Case of the Leakage between Adjacent Upper and Lower Floors CUI Yun 2012(6): 99-101.  Abstract ( )   PDF (1555KB) ( )   In room 501 of a residential building， moldy spots were found on the wall of southeast bedroom， the ceiling of south balcony， and the wall and ceiling of the kitchen due to leakage. It was suspected that the decorating of upstairs caused the leakage. In order to find out the reason of leakage， the site investigation with methods of water spraying， infrared thermography and humidity analysis， was carried out. The appraisal results provided scientific evidence for the trial in court. Related Articles | Metrics

Select

Proof of Facts by Accounting Information YANG Wei-zhong 2012(6): 102-104.  Abstract ( )   PDF (430KB) ( )   Understanding a thing through its essential characteristics is an ideal approach， especially when the line between a thing and the others is blurring. The reason why various forms of audit are confused with forensic accounting may be that the following questions have not been resolved： should forensic accounting be started with audit? whether all the cases need appraisal and could be appraised? whether appraisal needs to extend to “financial affairs”? whether appraisal opinions should be exclusive? should the provider guarantee the truthfulness of the appraisal materials? This article discusses the essential characteristics of forensic accounting from the above five aspects. Related Articles | Metrics

Select

Points for Attention in Signing Forensic Accounting Service Agreement TANG Li-xin, YANG Hua-hua 2012(6): 105-106.  Abstract ( )   PDF (308KB) ( )   Signing agreements is an important step in forensic accounting service. Problems often arise due to differences in understanding between forensic accounting experts and report users， affecting the quality of forensic accounting evaluation. The author proposes to develop mutual understanding of relevant knowledge， strengthen communication， request evaluation cautiously， and detail contents in signing service agreements. These measures are illustrated by cases. Related Articles | Metrics