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2011 Issue 6 (Total No. 0)
Published: 15 November 2011 Previous Issue    Next Issue

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Some Key Issues Regarding the Improvement of the Criminal Appraisal System DAI Yu-zhong 2011(6): 1-5.  Abstract ( )   PDF (676KB) ( )   The Standing Committee of the National People’s Congress released the“Amendment to Criminal Procedure Law (Draft)”on August 30, 2011， to solicit opinions from the public. Based on the opinions, it was significantly revised. Regarding changes of the appraisal system. there are several key issues, including: the name of an appraisal conclusion, the testimony of the expert, the identification of mental illness and compulsory treatment. Regulations on these issues should be based on the accurate positioning of the appraisal. Although the Draft has made progresses on these issues, it has some defects. We should resolve in the process of the Criminal Procedure Law amendment. Related Articles | Metrics

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The Legal Status of Expert Auxiliary in Civil Litigation ZHAO Jie 2011(6): 6-10.  Abstract ( )   PDF (816KB) ( )   Forensic appraisal opinions play an important role in litigations. Due to the strong specialty of appraisal opinions, it is difficult for ordinary people to cross-examine such opinions in trial. Although parties may hire expert auxiliary to participate in the cross-examination, the implementation of this system has been adversely influenced because of the lack of applicable regulations in this regard. A set of procedures should be established to guarantee the function of expert auxiliaries in the cross-examination of appraisal opinions. Related Articles | Metrics

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The System Construction for Expert Auxiliary in Criminal Litigation LU Jian-jun 2011(6): 11-14.  Abstract ( )   PDF (598KB) ( )   The system construction for expert auxiliary in criminal litigation in China is the need for proper comprehension, understanding, judgement and use of evaluation conclusions. It is also the fundamental requirements of the nature of criminal litigation activities. We should accurately understand the legal status of expert auxiliary, reasonably set the qualification of expert auxiliary of criminal litigation, appropriately expand the scope of expert auxiliary, effectively identify the time for expert auxiliary to be involved in a case and establish the legal consequences and responsibilities for expert auxiliary participating in criminal litigations, so as to insure that the function of expert auxiliary in criminal litigation be performed in full. Related Articles | Metrics

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The Legislation Status Quo and Prospect of Forensic Appraisal in Our Country QIU Bing-hui, SUN Juan, FU Guang-fen, YI Min, 2011(6): 15-22.  Abstract ( )   PDF (1171KB) ( )   With the development of society, science and technology， lawsuits are confronted with more and more professional problems. Thus， people pay increasing attention to the importance of forensic appraisal. Because of the lack of the unified forensic appraisal legislation at present in our country， the relevant construction of systems is not complete yet. As a consequence， in forensic appraisal practices， there exist many problems such as omission of legal norms， which has seriously limited the development of our country’s forensic appraisal. This paper focuses on the interpretation of the legislative status quo and changes of forensic appraisal in our country. It makes a profound analysis on the practical difficulties of forensic appraisal and claims to seek solutions while keeping a foothold on reality. This paper also carries on a systematic study on applicability of establishing a unified forensic appraisal system in our country from multiple perspectives including theoretical， practical， macro and micro perspectives. In addition， this paper also makes a prospect on future “Law of Forensic appraisal” in our country while paying attention to elements of the unified legislation of forensic appraisal. Related Articles | Metrics

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Determination of Mercury in Human Hair by Inductively Coupled Plasma Mass Spectrometry ZHANG Dan, MA Dong, ZHUO Xian-yi 2011(6): 23-25.  Abstract ( )   PDF (460KB) ( )   Objective To establish an inductively coupled plasma mass spectrometry(ICP-MS) method for the determination of mercury in human hair. Methods Samples were digested with microwave digestion instrument. ICP-MS was applied to determine the mercury in human hair, with 115In as an internal standard. Results The limits of detection was 0.0032 μg/g. Human hair certified reference materials (GBW09101b,GBW07601) were analyzed and excellent agreement with the certified value was obtained for mercury. Conclusion The method is rapid, effective, sensitive, accurate and suitable for the determination of mercury in human hair. Related Articles | Metrics

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Research on the Impact of Inks on the Examining Result of the Sequence of Stroke #br# and Stamp Impression by Raman Imaging#br# LIAN Yuan-yuan, LIANG Lu-ning, HUANG Jian-tong, XU Ke 2011(6): 26-29.  Abstract ( )   PDF (832KB) ( )    raman streamline scanning; ink; sequence of stroke and stamp impression Related Articles | Metrics

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Construction and Application of Fluorescent-Multiplex PCR of Six New STR Loci LIU Jun-hong, SHAO Wei-bo, LI Li, YANG Ying 2011(6): 30-34.  Abstract ( )   PDF (1137KB) ( )    Objective To establish a multiplex PCR system containing six new STR loci for forensic purposes. Methods Six highly polymorphic STR loci, D4S2366, D3S3045, D18S1002, D20S481, D22S689, and D4S2639, were selected. After PCR with different fluorescence labeled primers, the PCR products from 224 Eastern Han unrelated individuals were analyzed by 3130 Genetic Analyzer. Results Six STR loci were detected by fluorescent - multiplex PCR. Each locus was successfully genotyped in all 224 samples. In D4S2366, D3S3045, D18S1002, D20S481, D22S689, and D4S2639 loci, 7, 8, 9, 10, 9, 9 alleles and 21, 26, 21, 23, 28, 32 genotypes were observed respectively. The distribution of genotype for six STR loci in the Han population from the east of China was in accordance with Hardy-Weinberg equilibrium. The heterozygosity（H） distributions were 0.714-0.808, the discrimination power（DP） were 0.874-0.934, the probability of exclusion of duos (PEduo) were 0.310-0.453, the probability of exclusion of trios（PEtrio） were 0.485-0.628, and the polymorphic information content（PIC） were 0.672-0.784. The cumulative probability of exclusion（CPE） of duos was 0.947689, the CPE of trios was 0.993345, and the combined discrimination power（CDP） was 0.999999543. Conclusion This six STR multiplex set has high value in forensic application, and it can serve as an effective supplementary of commercial kits. Related Articles | Metrics

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Paternity Analysis of Gene Chimera with Multiple STR Loci LIN Yuan, ZHAO Zhen-min, LI Li 2011(6): 35-37.  Abstract ( )   PDF (1398KB) ( )   Objective To detect the source of the chimeric genes and perform paternity test with STR，X-STR and Y-STR techniques. Methods Genomic DNA was extracted by Chelex-100 method. STR, X-STR and Y-STR loci were typed by multiplex amplification and fluorescence detection. Results The gender gene of the detected father is the chimera of XX and XY. The detected father can provide the paternal gene to the detected child. Conclusion The detected father is the child's biological father.  Related Articles | Metrics

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Progress in Revealing Latent Fingerprints with Semi-conductive Nano-materials WANG Hong-fei, LI Xiao-jun, LIU Huan, CHANG Bo-nian 2011(6): 38-40.  Abstract ( )   PDF (588KB) ( )   Since the nanotechnology introduced to the field of forensic science, it has brought many novel approaches for our fingerprint technology workers and received great attentions of forensic scientists both home and abroad for its unique advantages. Nanotechnology based methods have attracted considerable research efforts in recent years. In this paper we introduced the concept of nano-materials in developing fingerprints, and we also reviewed the development of revealing latent fingerprints with semi-conductive nano-materials and its latest progress.  Related Articles | Metrics

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Identification of Earprints DONG Kai 2011(6): 41-44.  Abstract ( )   PDF (1505KB) ( )   Identification of earprints is a new research field, which attracts interest of many forensic scientists, but little agreement has been reached and the researchers are still in independent exploration and mutual discussion. This paper introduced the problems and the progress in the study of earprints identification from four perspectives: theory basis, identification process, measuring system and computer identification.  Related Articles | Metrics

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Application of Non-speech Information in Two Cases of Forensic Voice Identification YANG Jun-jie, HU Yao-min 2011(6): 45-46.  Abstract ( )   PDF (319KB) ( )   To resolve the problem of voice identification when the questioned voice does not satisfy some qualifications and the affirmable conclusion is difficult to reach, this paper introduced two cases of forensic voice identification in which non-speech information was used to verify the speaker finally. We found that when the questioned voice spectrum is unable to satisfy the comparing conditions, making the best of the individual characteristics that were revealed by non-speech information will help resolve the problem of voice identification. We got some knowledge about using non-speech information to help recognize the speaker when the questioned voice does not satisfy required qualifications. Related Articles | Metrics

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The Investigation of the Practice Criterion for Age Identification in Adolescence LAI Xiao-ping, , YU Xiao-jun, LIU Yuan, LV Jun-yao, XU Xiao-hu, LU Qing-lin 2011(6): 47-50.  Abstract ( )   PDF (695KB) ( )   Age identification is a common service of clinical forensic medicine. However, there is still no practice criterion or published guidelines for skeletal age identification. The absence of criterion brings negative influence to the objectivity, accuracy and justice of forensic age identification. Based on the practice of age identification and the development of skeletal age researches, the standard protocol for age identification was discussed in the present study. The authors presented four principles of age identification, including comprehensive, average, lower limit and in time principles, and pointed out that the skeletal age determination should be based on the comprehensive analysis of various skeletons development with various methods and standards, and the dental age, secondary sex characters, nutritional state and other factors that can effect skeleton development should also be considered. A standard protocol for age identification can enhance the evidence role of age identification and improve the standardization construction of forensic identification. Additionally, the four principles presented here can also provide guidelines for other complex forensic medicine identifications. Related Articles | Metrics

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The Renal Dysfunction Appraisal in Traffic Accident SHEN Han-jian, FAN Li-hua 2011(6): 51-53.  Abstract ( )   PDF (449KB) ( )   Assessment for body impairment of traffic accident injury is designed for one side kidney impairment, dividing the renal dysfunction into three different degrees, namely: mild degree, moderate degree and severe degree. The formerly commonly used methods are no longer fit for the renal dysfunction appraisal. Therefore, this essay is set out to trace the problems existing in the formerly used manner. Then, integrated with the progress in clinical radionuclide test methods, some recommendations are made with regards to the hierarchical division of one side kidney failure: if the glomerular filtration rate of one side kidney is above 30 mL/min and below 45 mL/min, it could be assessed as mild dysfunction; if above 10 mL/min and below 30 mL/min, it could be assessed as moderate dystfunction; if below 10 mL/min, it could be assessed as severe dysfunction. Related Articles | Metrics

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The Application of Reverse Analysis in Digital Evidence Investigation#br# ——Taking the “QQ Passwords Collecting” Malware for Example#br# LUO Wen-hua 2011(6): 54-58.  Abstract ( )   PDF (1368KB) ( )   The reverse analysis process is an advanced and efficient method that exposes the intention and process of malwares. This paper introduces the basic concepts, methods, and tools of the reverse analysis process. A case study of a malware in China, which was used to obtain QQ accounts and passwords, is presented to illustrate the whole process of the reverse analysis process of malware from the aspects of checking pack, unpacking, breakpoint setting, program tracing, key information acquiring and other facets. Related Articles | Metrics

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Microsoft Compound Document File Format Analysis and File Recovery SHA Jing, QIAN Wei 2011(6): 59-61.  Abstract ( )   PDF (1302KB) ( )   This paper presents detailed structural analysis of microsoft compound document file’s structure. When we encounter file head damages in data recovery， we can rebuild file header depends on the structure of rest of the file to recover the file.  Related Articles | Metrics

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Forensic Accounting Appraisal Should be the Focus for Procuratorates’ Work PＡＮ Ren-lin 2011(6): 62-64.  Abstract ( )   PDF (515KB) ( )   As the supervision responsibility of the procuratorates is strengthened and improved, the status of forensic accounting appraisors has been changed greatly. We should put forensic accounting as the focus of procuratorates’ work, and take consulting and document evidence review as indispensible parts. At the same time, we should insist on fully reflecting the nature of forensic appraisal and the requirement of evidence rules. Related Articles | Metrics

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On the Scientific Evidence Admissibility #br# —Rethinking from the Perspective of“Cognition” Against “Evaluation”#br# FENG Zheng-zheng 2011(6): 65-71.  Abstract ( )   PDF (952KB) ( )   The issue of scientific evidence admissibility is influenced by the effect of cognition element together with evaluation elements. By analyzing the “Cognition-Evaluation” structures, which is special to scientific evidence, and comparing “Cognition” element with “Evaluation” elements in the admissibility of scientific evidence, one can see that the difficulties of admissibility of scientific evidence rests with the conflict between different way of thinking and evaluation standards cause by differences between scientific cognition and experience cognition, specialist evaluation and judges evaluation, and cognition and evaluation. By analyszing the characteristics of “cognition and evaluation procedure” of scientific evidence admissibility, we can clarify some theoretical questions and provide some thinking for judges. Related Articles | Metrics

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Analyzing the Forensic Appraisal Procedure in Intellectual Property Cases GUO Tai-he, XU Kang-li 2011(6): 72-77.  Abstract ( )   PDF (860KB) ( )   In the trial of intellectual property cases, forensic appriasal has played an increasingly important role. The appraisal of items related to the controversial intellectual property rights has particularly become the critical evidence for deciding a case. The appraisal procedure should be initiated with a neutral standpoint from a forensic science institution and a preliminary distinction between legal matters and fact matters should be made. Due process can be established by the trial procedure of appraisers, expert juror and expert assessor, with the assistance of IPR advisors, to maintain and safeguard judicial substantive justice. Related Articles | Metrics

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Discussion on the Characteristics, Principles and Application #br# of Forensic Construction Quality Appraisal  #br# LI Ting-jie, DUAN Si-cheng 2011(6): 78-80.  Abstract ( )   PDF (455KB) ( )   Forensic construction quality appraisal is an important part of forensic identification. In this paper, its characteristics and principles were analyzed and its application was introduced through the analysis of the specific engineering cases in Dongguan. Related Articles | Metrics

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Case Report: Foundation Quality Evaluation of a Commercial Building Project  LV Song-jiang 2011(6): 81-82.  Abstract ( )   PDF (338KB) ( )   In a forensic evaluation case of the foundation quality of a commercial building, we found that there were serious quality and safety problems, exposing the facts that the defendant cut corners and performed barbaric construction. Our report provided the court with highly credible legal evidence, leading the proceedings to its end after years of mystery. Through the scientific investigation, we made our efforts in protecting the legal rights and interests of the victims, defending the fairness of justice and promoting the social harmony and stability. The forensic evaluation of construction quality involves great economic interest of both sides. The cross-examination process of the identification report and documents in the court is inevitably filled with confrontation. For this reason, the forensic experts need to adhere to the basic principles of scientificity, rigorousness, objectiveness and justice. Related Articles | Metrics