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2011 Issue 5 (Total No. 0)
Published: 15 September 2011 Previous Issue    Next Issue

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On the Examination and Determination of Forensic Appraisal Opinions CHEN Rui-hua 2011(5): 1-6.  Abstract ( )   PDF (852KB) ( )   The reformation of the forensic system not only brings changes to the forensic system ， but also contributed to the improvement of the evidence’s rules. As one kind of legal evidence， the“expert opinion” no longer has the effect of appraisal conclusions， but like other evidence， it should be reviewed by the court in respect of admissibility of evidence and probative force. Expert opinions should be rejected by the court if the evidence violates the qualification， procedure， method and the form of identification veports. The rule to admissibility of expert opinions as evidence contributes to the the implementation of legal procedure， and strengthen the probative force. For the development of the Criminal Evidence Act， expert opinion in the micro-level will have more system space， when only the judicial system in the macro-level and the identification procedures in the meso-level have substantive changes. Related Articles | Metrics

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Research about Mental Evaluation in Criminal Procedure LI Chang-cheng, 2011(5): 7-10.  Abstract ( )   PDF (812KB) ( )   Mental evaluation in criminal procedure is usually initiated when necessary. Experts opinions are cross examined in court， but judges are not restricted by them. In China， the initiation of mental evaluation is mainly decided by judicial organizations， and the rights of defendants are not protected sufficiently. The experts opinions are hardly examined adequately in court， and there lack unified rules for adoption of mental evaluation opinions. The obligation of judicial organizations to initiate mental evaluation should be strengthened， expert witnesses should appear in court and rules for adoption of evaluation opinions should be established.  Related Articles | Metrics

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On the Reform of the Forensic Autopsy System WU Chang-qing, 2011(5): 11-14.  Abstract ( )   PDF (570KB) ( )   There exist some problems in our country’s forensic autopsy system， such as the unreasonable organizational structure， the criminal investigation organs’ discretion to start forensic autopsy， the lack of right protection during forensic autopsy， and the disorderly usage of expert opinions. To cope with these problems， we should reform the forensic autopsy system， set up compulsory forensic autopsy mechanism and enhance the right protection requirements， in the principle of crime control， procedural fairness and abandoning sectional interests， and by borrowing experience of other countries. Related Articles | Metrics

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A Fetish of Expert Evidence Is not Rational LIU Jian-hua 2011(5): 15-18.  Abstract ( )   PDF (730KB) ( )   It shows people’s highly expects to science when expert evidence suddenly become a hot topic. But it seems that we are too fetish to expert evidence and regard it as god’s voice. This create a new state of chaos in evidence theory. The author analyzes the essence of people’s fetish from four aspects of historical origins， judicial origins， social origins and scientific origins； and discusses the means to make expert evidence go down the manmade altar to the rational. Only in this way expert evidence could go with other evidence to safeguard judicial justice. Related Articles | Metrics

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Study of Intensity Features in Voice Identification WANG Ying-li, PAN Zi-qin, LAN Chang-shan 2011(5): 19-22.  Abstract ( )   PDF (607KB) ( )   Objective To investigate the intensity features in voice identification. Methods Speech samples are collected from 10 male speakers who have similar physical conditions and relative standard voices and tones of Mandarin Chinese. All samples are input into VS-99 phonetics workstation， and the broadband spectrogram of the same syllable of every speaker are compared and analyzed. Results The intensities of the same syllable pronounced by different speakers are usually different and even quite distinct in some cases. Differences are mainly in the time and frequency distribution， the frequency distribution of the transition， the relative intensities among formants， the intensity distribution in a formant， and the formant-to-formant intensity. On the other hand， the same syllable pronounced by one speaker shows evident homogeneity in those aspects mentioned above. Conclusion Intensity can serve as a group of features in voice identification. Related Articles | Metrics

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Orthogonal Test Research on Brake Vertical Sliding Friction Coefficients of Automobile  ZHAO Gui-fan, ZHANG Zi-peng, LIU Dong-wei, BU De-jun, LIU Chun-meng 2011(5): 23-26.  Abstract ( )   PDF (684KB) ( )   Objective Through the car brake vertical sliding friction tests under different conditions， a series of friction coefficients affected by different factors are obtained. Thereby， the range of  friction coefficients is reduced， and the accident reconstruction accuracy is improved. Methods An orthogonal test method is introduced into the automobile brake vertical sliding friction test. Through range analysis， the impact of various factors on the friction coefficient is determined， and the auto brake friction coefficient is calculated. Results The method to use amended friction coefficients is proposed. With this method， the reference value scope of friction coefficients is reduced， and the accuracy of accident reconstruction is raised. Conclusion In accident reconstruction， the accuracy could be effectively improved by selecting proper automobile brake friction coefficients according to the proposed method. Related Articles | Metrics

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Introduction of Forensic Toxicology Information Resources #br# and a Blueprint for Forensic Toxicology Database#br# CHEN Hang, SHEN Min 2011(5): 27-32.  Abstract ( )   PDF (1070KB) ( )   As an important social resource in modern society， information has shown its irreplaceable value in various fields. Forensic toxicology also needs the strong support of integrated professional information. In this paper， summary and evaluation of the information resources which may be involved in this field， especially the online database resources in the network， is made from the viewpoint of forensic toxicology practice. Meanwhile， the feasibility of developing a “forensic toxicology database and information platform” is investigated， and a primary design as well as the prospect of its application is given.  Related Articles | Metrics

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Assessment for Mental Disorder and Disability due to Brain Injury Caused by Traffic Accidents TANG Tao, ZHANG Qin-ting, CAI Wei-xiong, WU Jia-sheng 2011(5): 33-36.  Abstract ( )   PDF (644KB) ( )   Due to poor operability of the mental impairment assessment terms stipulated in the  current “Impairment Assessment for the Injured in Road Traffic Accident”（GB18667-2002， thereafter as IAIRTA）， as well as lack of objective examinations and quantitative indicators in impairment assessment，  there are inconsistencies in terms of assessment conclusions， which brings some difficulty to  traffic accident claims. Based on experience， this article presents its own views on some issues related to technical operations in mental impairment assessment.  Related Articles | Metrics

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Analysis of Four Medical Malpractice Cases Induced by Prenatal Ultrasonographic Examination ZHU Guang-you 2011(5): 37-40.  Abstract ( )   PDF (545KB) ( )   Four cases of medical malpractice induced by prenatal ultrasonographic examination and sentenced by court were selected， and then the medical treatment faults， corresponding damages and the principles for judging the relationship between malpractice and medical damage in such cases were discussed. It is proposed that in such cases， attention should be paid to the standardization of antenatal examination， and the skill differences between medical organizations ought to be properly evaluated. Besides， the timeliness factor also needs to be considered. Generally， the medical damage caused in such case is the birth of a defective baby. The causality analysis between medical malpractice and medical damage in this kind of cases is different from that in ordinary medical malpractices， and should be handled with particularly caution. Related Articles | Metrics

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Traces Examination Points in Several Types of Traffic Accidents LI Li-li 2011(5): 41-45.  Abstract ( )   PDF (583KB) ( )   Road traffic accident traces examination can be divided into two major types： one is to determine whether the vehicle under examination has collided with other vehicles， the other is to analyze the collision shape. It can be performed by analyzing the traces which reflect the relationships among cars， people， and other objects. Through a retrospective study of 2000 traces examination cases， traces between vehicles and other objects are compared using traces examination methods， and traces examination points in road traffic accidents are summarized. Related Articles | Metrics

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The Principle and Method of Traffic Accidents Examination SHI Zhan-biao 2011(5): 46-49.  Abstract ( )   PDF (547KB) ( )   Combined with practical cases， the principle of traffic accident examination is discussed from the following aspects： vehicle technology examination， traffic accident traces identification， alcohol analysis， etc. The principle can be briefly described as to investigate the specific characteristics of an object with scientific theories， data and common sense， and thereby make it an evidence to prove the truth of an accident. The key point of traffic accident examination method is to let the evidence reveal the truth. Material evidence itself has many characters and only those related with facts are valuable. Forensic experts need to discover the features which could reveal the facts with their knowledge and experience.  Related Articles | Metrics

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The Relation between Gunshot Distance and Shooting Entrance Characteristics of 92 Pistols XU Xiao-ling, REN He, TIAN Ye 2011(5): 50-52.  Abstract ( )   PDF (2123KB) ( )   Objective To study the relation between gunshot distance and shooting entrance characteristics of 92 pistols. Method White cotton fabric on the pork was shot from the distance of 0 m， 0.1 m， 0.2 m， 0.5 m 1.0 m， 1.5 m， 3.0 m， 5.0 m， 10 m， 15.0 m， 20.0 m and 25.0 m with 92 pistols respectively. The shooting entrance patterns of the white cotton fabric and pork were photographed and studied， and the area was calculated by AutoCAD. Results There was a correlation between the shooting entrance patterns and the gunshot distance. Conclusion The gunshot distance can be roughly drawn from the characteristics of shooting entrance. The relation could be used in estimating the firing range in gunshot cases. Related Articles | Metrics

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Characteristics and Examination of Micro-holes on Photosensitive Stamps YANG Jin-you 2011(5): 53-56.  Abstract ( )   PDF (490KB) ( )   Stamps made from photosensitive materials have self-stored ink paste. They have tiny holes on the surface. With fine production craft and high degree of automation， this kind of stamps is easy to copy and difficult to identify. However， the characteristics of micro-holes on stamps are specific， stable， reflective and unduplicatable. They reflect the unique features of every individual stamp， therefore， they are the important evidence in the identification of photosensitive stamp impressincs. Related Articles | Metrics

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The Characteristics of the Screen Printing Stamp Impressions CUI Lan 2011(5): 57-58.  Abstract ( )   PDF (532KB) ( )   The production process of the screen printing stamps was introduced. The variability and stability of the characteristics of the screening printing stamp impressions were analyzed. The identification method of screening printing stamp impressions was summarized. It is hoped that the study could be helpful for the identification of this kind of stamp impressions. Related Articles | Metrics

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Sequencing of Carbonless Copy Handwriting and Stamp Impressions LIU Jing-Jie 2011(5): 59-61.  Abstract ( )   PDF (574KB) ( )   According to the structural feature and copying theory of the carbonless copy paper， a research on the formation order between carbonless copy handwriting and stamp impressions is carried out， in order to explore the regular characteristics of the formation order. Based on micro-examination results， which is more intuitive to analyze the micro-morphology of intersection of crossed writing and stamp impressions， several practical methods are proposed to accurately determine the sequence of crossed writing and stamp impressions. Related Articles | Metrics

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The Watermark Based Anti-counterfeiting Information System for Forensic Digital Imaging DENG Nan, CAI Neng-bin, HUANG Xiao-chun, DING Jian-xun, DONG Zao-li, LU Hong-tao 2011(5): 62-64.  Abstract ( )   PDF (461KB) ( )   There are some disputes on digital imaging as evidence. This article proposes and establishes an anti-counterfeiting information system for forensic digital imaging based on watermarking techniques. The system， which can ensure the evidence effectiveness of digital images， consists of encrypting and anti-counterfeiting subsystem， information management subsystem and verification subsystem for encrypting information. Related Articles | Metrics

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Analysis of the Technical Problems in Judicial Photography LI Lei 2011(5): 65-67.  Abstract ( )   PDF (427KB) ( )   The technical problems existing in the judicial photography practice are briefly analyzed. The purpose is to lead more attention to the photography technology in practice， and provide high quality pictures as judicial support for the exploration， analysis， and examination of cases.  Related Articles | Metrics

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Thoughts to Further Regulate the Practice of Forensic Psychiatric Appraisal#br# HUO Xian-dan 2011(5): 68-69.  Abstract ( )   PDF (328KB) ( )   People always criticize forensic psychiatry appraisal. If we do not handle it properly， it may influence public security and stability and infringe the rights of mental patients. The key to solve the problem is that we should understand the characters of forensic psychiatric appraisal， further regulate the practice of forensic actives， and clarify the relationship between the judicial function and the forensic function to ensure that the forensic psychiatric appraisal is conducted smoothly. Related Articles | Metrics

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Research on the Appraiser System in Intellectual Property Litigation ZHAO Ping 2011(5): 70-73.  Abstract ( )   PDF (622KB) ( )   An appraiser in intellectual property litigation should be defined as judge assistant similar to expert witness. On his qualification authorization， “the appraisal right doctrine” should be the principle， whereas “the appraiser doctrine” is the exception. Both the litigants and court have the right to choose appraiser， however， the court can reject an unqualified appraiser chosen by litigants. The regulations about rights and duties of appraisers can be borrowed from the related rules on expert witness in Anglo-American law system， besides abiding by the current laws in our country. The appraiser conclusion should be verified through cross-examination， and the judge determines whether it can be adopted. The accountability system of appraiser should be established under the fault liability principle， and only when the appraiser has intentional misconduct or gross negligence can he be responsible for his wrong appraisal.  Related Articles | Metrics