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2022 Issue 6 (Total No. 0)
Published: 15 November 2022 Previous Issue    Next Issue
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Special Topic Discussion: Forensic Appraisal Legislation
Forensic Review
Forensic Science
Forensic Forum


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Special Topic Discussion: Forensic Appraisal Legislation

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Legislation of Forensic Appraisal in China: Model Selection, Basic Standpoint and System Structure GUO Hua 2022(6): 1-8.  DOI: 10.3969/j.issn.1671-2072.2022.06.001 Abstract ( )   PDF (1283KB) ( )   The legislation of forensic appraisal in China is facing a difficult choice, whether to revise the Decision of the Standing Committee of the NPC Regarding Administration Issue of Forensic Appraisal （referred to as the Decision hereinafter） or to formulate a special law on forensic appraisal. If a special law on forensic appraisal is to be formulated, whether to adopt a Forensic Appraisal Management Law or a Forensic Appraisal Law. Actually, there are different standpoints and proposals on these issues, both in the theoretical community and in the practical sector. As a legal document for the reform of the forensic appraisal system, the Decision has encountered a new situation. Due to its existing gaps and deficiencies, the Decision needs to be improved. The issue of forensic appraisal not only involves administrative management and litigation, but also has an inherent and inextricable link with law enforcement, supervision, arbitration, mediation, etc. In the face of the needs of forensic appraisal in multi-field and the limitations of the Decision, forensic legislation should adhere to an open attitude and stance, and formulate a more systematic Forensic Appraisal Law. The formulation of the Forensic Appraisal Law should adhere to the principle of a unified forensic management system, maintain coordination with other laws and legal activities on the basis of the Decision, and absorb the relatively mature experience of local regulations and the practice of foreign legislation. In addition, it is necessary to maintain the unity of scientificity and legality, and clarify the public welfare nature of forensic appraisal and the nature and position of forensic appraisal institutions in terms of structure and content. Only by constructing a new mechanism for connecting “law and law” for forensic appraisal management, implementation and use, can the legislation of forensic appraisal be consistent with policy guidance, the process of rule of law and the pace of reform, and give full play to its guaranteed function as assisting case handling or law enforcement organs in discovering the truth. Related Articles | Metrics

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Research on the Legislation of Forensic Appraisal ZHU Jinfeng, WU Hejian 2022(6): 9-18.  DOI: 10.3969/j.issn.1671-2072.2022.06.002 Abstract ( )   PDF (1430KB) ( )   The legislation of forensic appraisal is the basis for the reform of the forensic appraisal system, and it is also an effective approach to alleviate the predicament of the forensic appraisal industry and promote the reform and development of forensic appraisal. From the viewpoint of commonweal attribute of forensic appraisal, on the basis of analyzing the current status and dilemma of the legislation of forensic appraisal in China, the authors take the view that the legislation of forensic appraisal is the requirement of the central policy, and is also the inevitable result of local practice and concept changes. In the process of forensic appraisal legislation, it is the most appropriate way to revise the Decision of the Standing Committee of the NPC Regarding Administration Issue of Forensic Appraisal. During the revision process, attention should be paid to the specific mode, revision principles, and specific framework of forensic appraisal legislation in China. At the same time, it should focus on addressing key contents such as the position, management mode, identification standards, and identification procedures of forensic appraisal. Issues which get less attention, such as compulsory appraisal, legal aid and identification liens also require special regulations. These can accumulate experience and lay foundation for the formulation of the Forensic Appraisal Law. Related Articles | Metrics

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Comparison and Prospect: Enlightenment about Future National Legislation Management from the Local Legislation of Forensic Appraisal — A Comparative Study on the New and Old Forensic Appraisal Management Regulations in Different Regions of China ZHU Bofeng, CUI Wei, XIE Tong, SONG Suimin, CONG Bin 2022(6): 19-27.  DOI: 10.3969/j.issn.1671-2072.2022.06.003 Abstract ( )   PDF (1136KB) ( )   Legalization of social governance is not only an important content of comprehensive law-based governance, but also an effective way to improve the level of social management. Using legal frameworks and methods to solve various problems in social governance benefits the legalization of social governance. The forensic appraisal management system is an important part of judicial governance and an indispensable aspect of social governance. Although our country has not promulgated the Forensic Appraisal Law, most provinces have issued corresponding Administrative Regulations on Forensic Appraisal (referred to as the Regulations hereinafter), from which valuable experience can been summarized. This article compares basic contents of the provincial forensic appraisal management regulations issued before and after the 2005 Decision of the Standing Committee of the NPC Regarding Administration Issue of Forensic Appraisal, as well as the changes and characteristics between the new and old regulations. The authors found that, compared with the previous Regulations, the new ones further regulate the practicing scope of forensic appraisal, stipulate stricter access thresholds and exit measures for forensic appraisal institutions and experts, and use various methods to improve the linkage between the administrative department of forensic appraisal and people's court. What's more, the new Regulations carry out a “full process, full elements” mechanism of supervision and management of forensic appraisal. Based on the analysis of the current status of forensic appraisal industry and management system, the authors put forward some suggestions on the reform of forensic appraisal management system in the future: The legislation of the Forensic Appraisal Law should adhere to the principle of the unification of socialist legal system, combine the experience gained in the management of forensic appraisal, strengthen the quantitative analysis of legislative decision-making to improve the quality of legislation, and focus on solving the pain points and difficulties in the field of forensic appraisal. Related Articles | Metrics

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To Consolidate and Deepen the Achievements of Forensic Appraisal Reform through Legislation WAN Xiaohong, CHEN Bangda 2022(6): 28-36.  DOI: 10.3969/j.issn.1671-2072.2022.06.004 Abstract ( )   PDF (1316KB) ( )   The legislation of forensic appraisal management must find out the difficulties and problems in the development of forensic industry, and analyze the causes thereof, so as to seek the way forward. We are facing some bottleneck problems in promoting the unified forensic appraisal management system. To some extent, these problems restrict the boundary, right and responsibility, measures and effects of the unified forensic appraisal management. Laggardness of legislation is the critical limiting factor. To boost and accelerate the unified forensic appraisal legislation should focus on the key word of “unified”, stipulate the special law which can uniformly regulate the industry and the development of forensic appraisal, and accord with the logic of the unified forensic appraisal management reform system. In the process of unified legislation, we should clearly define and scientifically allocate the administrative power of forensic appraisal management. Especially, we should solve the three main  issues of forensic appraisal regarding “who to manage”, “what to manage” and “how to manage”. We may consider, according to the natures of forensic objects, to divide the forensic appraisal disciplines into three branches: forensic medicine, forensic physical evidence and forensic evaluation of accounting. The judicial administrative departments should be authorized to dynamically adjust and publish the catalogues and items of forensic appraisal practice in due time. Related Articles | Metrics

Forensic Review

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Current Status of Research on New Psychoactive Substances in Forensic Toxicology in China — Based on Bibliometric Analysis LU Jiayue, YAN Hui, CHEN Hang, SHEN Min 2022(6): 37-47.  DOI: 10.3969/j.issn.1671-2072.2022.06.005 Abstract ( )   PDF (8411KB) ( )   New psychoactive substances （NPS） are one group of research hotspots in the field of forensic toxicology in recent years. In order to objectively and comprehensively present the development history and frontier trends in this field, this paper took the literatures on NPS published by domestic scholars on journals included in China National Knowledge Infrastructure （CNKI） and Web of Science as samples, and used NoteExpress and CiteSpace for quantitative data analysis of authors, institutions and keywords. Gephi was used to generate a knowledge network map. As a result, the development of researches on NPS in China closely follows the needs of anti-drug practice. The technical tools are constantly updating to expand the knowledge of compounds. The research perspectives have covered structural identification, qualitative and quantitative methods, metabolic pathway characterization, toxicological and toxicokinetics properties, and toxicological monitoring. This study constructed a research atlas of NPS in the field of forensic toxicology by bibliometric methods, hoping to provide reference for the future research in forensic toxicology. Related Articles | Metrics

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The Research Progress on the Pollution Status and Analytical Methods of Perfluoroalkyl Substances LI Bing, MA Haotian, YUN Keming, MA Dong 2022(6): 48-56.  DOI: 10.3969/j.issn.1671-2072.2022.06.006 Abstract ( )   PDF (985KB) ( )   Perfluoroalkyl substances （PFASs） are a class of artificially produced chemicals that are widely used in industrial and consumer products, resulting in serious pollution of various environmental media. Due to their unique physical and chemical properties, PFASs also have a variety of toxicological properties including cytotoxicity, posing an environmental health threat to a variety of organisms. In this paper, recent research results on toxicological properties, pollution status and analysis methods of PFASs were reviewed, aiming to provide reference for future studies about environmental health and detection and analysis of PFASs, provide evidence for environmental forensic of environmental damage caused by PFASs, and provide guarantee for ecological environmental monitoring. Related Articles | Metrics

Forensic Science

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Application of Recombinase Polymerase Amplification Technology in the Identification of Biological Evidence in Salivary Spots XU Yan, CAO Yu, HAO Sijing, HUANG Jiangping, WANG Xufang, WU Dan 2022(6): 57-60.  DOI: 10.3969/j.issn.1671-2072.2022.06.007 Abstract ( )   PDF (762KB) ( )   Objective To establish an on-site biological body-fluids identification method in saliva samples based on Recombinase Polymerase Amplification（RPA） technology. Methods Using DNA-RNA co-extraction technology, the total RNA of the sample was reverse-transcribed into cDNA. RPA primers were designed for the saliva-specific gene marker HTN3 to construct a HTN3 RPA detection method, and the specificity and application effect of the method were tested. Results The reverse transcription product can be reacted at 39℃ for 20 min to complete the effective amplification of the target fragment. The amplified band was completely consistent with the target sequence. This method has obtained stable and reliable results by testing of 20 on-site biological body-fluids materials. Conclusion This study established a reverse transcription RPA method for the detection of salivary spots. It has strong specificity, and will greatly shorten the amplification time. The results were stable and easy to be determined, which is suitable for rapid laboratory testing. The STR typing of biological evidence can be completed simultaneously. The method provides a new strategy for forensic body fluid identification. Related Articles | Metrics

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Analysis of Characteristics of 182 Death Cases in Traffic Accidents in Nansha District of Guangzhou YE Weiquan, WU Zhaobin, CAI Liuxin, YANG Bofan, QIAO Zhi 2022(6): 61-66.  DOI: 10.3969/j.issn.1671-2072.2022.06.008 Abstract ( )   PDF (704KB) ( )   Objective To obtain the characteristics of death caused by traffic accidents in Nansha district of Guangzhou from 2019 to 2020, thus providing reference for preventing traffic accidents. Methods Total 182 death cases caused by traffic accidents in Nansha district of Guangzhou in 2019—2020 were collected. The data such as age, sex, time of the accident, type of vehicle, the result of ethanol test, injury, cause of death, was analyzed. Results These traffic accidents mainly happened during 9:00 pm to 4:00 am. The positive ratio in ethanol test was 55.1% in car drivers, and 48.7% in motorcycle drivers. Among all the death, 74.2% were instantaneous (died on the same day or the same spot), and men were much more than women. The deceased mainly aged from 21 to 60, and those with positive ethanol test mainly aged from 21 to 40. In addition, 78.6% of the instantaneous death had craniocerebral injury, 70.9% had skull fracture, and 73.6% finally died of craniocerebral injury. Most of the deceased drove motorcycle as traffic tool. Conclusion The incidence of motorcycle accidents and corresponding casualties ranked first in the traffic accidents occurred in this district. The most dangerous way of riding monocycle that might cause fatal traffic accidents were drunk driving (especially at night) or driving without helmets. With current monitoring and punishment means, the death could be further reduced if local propaganda is enhanced to improve the traffic safety awareness of people. Related Articles | Metrics

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An Empirical Study on Forensic Speaker Identification between Chinese Dialect and Mandarin Based on Vowel Acoustic Space ZHAO Qinghua, YANG Junjie 2022(6): 67-74.  DOI: 10.3969/j.issn.1671-2072.2022.06.009 Abstract ( )   PDF (8280KB) ( )   Objective To solve the problem of insufficient number of identical phonetic segments available for comparison between Chinese dialects and Mandarin for the identification of dialectal disguised speech speaker. Method By putting the vowels of speakers?蒺 Mandarin and dialect into the same vowel acoustic space, the similarities and differences of the same vowel and different vowels between them were counted. Results In the vowel acoustic space, the speakers showed good individual stability and inter-individual variability when the four indicators, vowel space contour, vowel similarity, vowel position relationship, and variability of nasalization phenomenon, were examined together. Conclusion The vowel acoustic space is one of the current ways to effectively solve the dialectal disguised speech speaker identification, and also one of the methods to effectively solve the low number of valid phonetic segments available for comparison in forensic speaker identification. Related Articles | Metrics

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An Empirical Study on the Reflection of Signature Handwriting Characteristics at Different Writing Levels JIA Zhihui, ZHANG Zixin 2022(6): 75-81.  DOI: 10.3969/j.issn.1671-2072.2022.06.010 Abstract ( )   PDF (818KB) ( )   Objective Based on categorization study of the characteristics of normal Chinese signature handwriting of individuals at different writing levels, this paper finds out that the characteristics of handwriting appear to have different patterns of stability and variability, singleness and diversity, and concentration and dispersion. Methods Through experimental analysis, categorization and statistical analysis, the paper established a systematic method to analyze the patterns and characteristics of handwriting written by individuals at high, medium and low writing levels, as well as their formation reasons. Results In general, the writing level was proportional to the stability and concentration of handwriting characteristics, and inverserly proportional to its singleness. Conclusion The results revealed that the writing habits of people at different writing levels appears to be different regarding degrees of stability. On the other hand, the writing habits also have an important influence on the analysis and determination of handwriting characteristics. The paper provides reference for correct analysis of handwriting characteristics at different writing levels, as well as reasonable explanations for the conformity and differences. It will help to determine the scientificity and reliability of forensic expert opinions. Related Articles | Metrics

Forensic Forum

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The Contradiction and Reconciliation between the Clarity and Scientificity of Expert Opinions —Analysis on the Stipulation about Expert Opinions on Identification Issued by the Supreme People's Court ZHOU Guixue, LI Xiaokai 2022(6): 82-90.  DOI: 10.3969/j.issn.1671-2072.2022.06.011 Abstract ( )   PDF (1541KB) ( )   Related Articles | Metrics

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Comparative Study on the System of Expert Assistant and the System of Expert Juror WANG Xiaoyi 2022(6): 91-94.  DOI: 10.3969/j.issn.1671-2072.2022.06.012 Abstract ( )   PDF (665KB) ( )   Related Articles | Metrics

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The Principle and Method of Evaluation of Primary Cause in Medical Injury Appraisal ZHU Guangyou 2022(6): 95-100.  DOI: 10.3969/j.issn.1671-2072.2022.06.013 Abstract ( )   PDF (799KB) ( )   Related Articles | Metrics

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Forensic Examination of Unidentified Substances in Cases of Destroying Engineering Vehicles ZHAO Pengcheng, AN Guoce, MA Zining, YAO Lijuan 2022(6): 101-104.  DOI: 10.3969/j.issn.1671-2072.2022.06.014 Abstract ( )   PDF (10573KB) ( )   Related Articles | Metrics

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Review on the Forensic Appraisal of Environmental Damage in 2021 Public Legal Service Administration Bureau of the Ministry of Justice 2022(6): 105-107.  DOI: 10.3969/j.issn.1671-2072.2022.06.015 Abstract ( )   PDF (943KB) ( )   Related Articles | Metrics