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2024 Issue 2 (Total No. 133)
Published: 15 March 2024 Previous Issue   
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Special Topic Discussion: Study on the Forensic Appraisal System Outside the Territory
Forensic Review
Forensic Science
Forensic Forum


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Special Topic Discussion: Study on the Forensic Appraisal System Outside the Territory

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The Legislative System of Forensic Appraisal in Russia and Its Enlightenment GUO Jinxia 2024(2): 1-10.  DOI: 10.3969/j.issn.1671-2072.2024.02.001 Abstract ( )   PDF (1477KB) ( )   The legislative system is a normative document system formulated by the state and guaranteed to be implemented by the state’s compulsory force, a system composed of the constitution, laws, administrative regulations, local regulations, etc. The legislative system of forensic appraisal is one of the important paths for the modernization of forensic appraisal governance. The legislative system of forensic appraisal in Russia is based on the Constitution of the Russian Federation, with the superior federal law as the lead, the special federal law as the core, guiding the federal administrative agencies to promulgate the subordinate regulations, and constructing a complete and detailed forensic appraisal legislative system with high legislative level, complete legislative system, and effectively connected legal norms in all ranks. Taking Russia as a reference, China should actively promote the construction of the leading superior law, improve the legal rank of forensic appraisal norms, make up for the lack of superior law in the norms of forensic appraisal activities, straighten out the conflicts of the subordinate law with the superior law, and construct a complete and unified Chinese forensic appraisal legislative system. References | Related Articles | Metrics

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Study on the Criminal Appraisal System in France SHI Pengpeng, HAN Guanyu 2024(2): 11-17.  DOI: 10.3969/j.issn.1671-2072.2024.02.002 Abstract ( )   PDF (1240KB) ( )   In France, criminal appraisal is a system in which the judicial authorities appoint individuals with specialized knowledge in a particular field to interpret and provide expert opinions for resolving technological or scientific issues in criminal cases. As the application of new scientific and technological methods in criminal procedure becomes increasingly common, criminal appraisal plays a vital role in assisting judges to ascertain the factual truth and make accurate judgments. The Code of Criminal Procedure in France in 1808 has established the “mixed” system for the selection of appraisers, the criminal forensic procedure characterized by its “adversarial nature” and “participatory significance”, and the “permanent” supervision model by judges over criminal forensics. This has gradually formed a systematic, rigorous, and uniquely characteristic criminal forensic system, holding significant theoretical value in comparative law. References | Related Articles | Metrics

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Research on Appraisal Opinions in Japanese Medical Treatment and Supervision Procedures XIAO Ping, FENG Shiyao 2024(2): 18-24.  DOI: 10.3969/j.issn.1671-2072.2024.02.003 Abstract ( )   PDF (1294KB) ( )   The appraisal opinions in the Japanese medical treatment and supervision procedure have three main characteristics, namely, the prior consultation, the accompanying therapeutic and the suggestive nature of the content.Moreover, the appraisal opinions do not fully constrain the judge’s judgment, and the judge only needs to adopt a reasonable part. The appraisal opinions need to be subject to substantive and dynamic review in court, and the appraiser and other social forces will also participate. China’s compulsory medical procedures should establish a correct concept of procedural application, reduce confrontation, focus on determining the appropriate treatment for patients with mental disorders, and form a comprehensive decision-making model for judges based on “appraisal opinions plus trial opinions”. At the same time,several review elements are introduced to quantitatively determine the “personal danger” elements. By establishing a system of appraisal retention, activating the system of appraisers appearing in court, and attracting relevant experts to participate in the review, the substantive and dynamic review of appraisal opinions is achieved, ensuring the personal rights and interests of patients with mental disorders. References | Related Articles | Metrics

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The Function, Characteristics, and Refference of the British Coroner System SUN Daming 2024(2): 25-32.  DOI: 10.3969/j.issn.1671-2072.2024.02.004 Abstract ( )   PDF (1274KB) ( )   The British coroner system has a long history and still has significant influence worldwide. It has distinct characteristics, the independence, openness, comprehensiveness, and professionalism of death cause investigation, reflecting the procedural value and substantive function of the system itself. On the basis of drawing on the advantages of the British system of determining the cause of death, we can improve the system of determining the cause of death by expanding the methods of death cause investigation, streamlining the relationship between cause of death identification, appropriately disclosing the results of the death cause investigation, and establishing a special case hearing system for the cause of death.Ultimately, a complete modern system for investigating, identifying, and adjudicating causes of death will be established in China. References | Related Articles | Metrics

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Reflection on the Improvement Path of China’s Forensic Appraisal Management System ——Taking the Expert Witness Management Reform of England and Wales as an Example GONG Xue 2024(2): 33-46.  DOI: 10.3969/j.issn.1671-2072.2024.02.005 Abstract ( )   PDF (1406KB) ( )   The goal of our forensic appraisal system reform is to set up and improve a unified forensic appraisal management system. In recent years, England and Wales have carried out reforms in the aspects of unifying the qualification review and selection procedure of expert witnesses, unifying and reshaping the responsibilities of expert witnesses, unifying the disclosure requirements of expert evidence and the management system of expert witnesses. It provides us with examples in the face of similar challenges and problems existing in modern expert witness management. For our country, in order to ensure the rights and interests of all parties involved in forensic appraisal activities and provide technical support for the determination of case facts, we should make efforts in the following areas. Firstly, in terms of managing the qualifications of appraisers, we should make clear the boundary between the administration of forensic appraisal and the court supervision,and pay attention to the cohesion between them. Secondly, in the management of liability, on the basis of full respect of the independent litigation status of appraisers, we should clarify the true obligations and responsibilities of appraisers, and improve the accountability mechanism of courts and parties towards appraisers. Finally, in the management of technical standards, we should increase the intensity of industry management, achieve the deepening development of forensicappraisal industry associations, and promote their greater role in the formulation of industry standards. References | Related Articles | Metrics

Forensic Review

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Current Status and Forensic Appraisal Progress of Sudden Unexplained Death in Individuals with Mental Disorders LI Liliang 2024(2): 47-54.  DOI: 10.3969/j.issn.1671-2072.2024.02.006 Abstract ( )   PDF (1362KB) ( )   The risk of sudden death in individuals with mental disorders is significantly higher than that in the general population. Such death cases are often interfered by multiple complex factors such as psychotropic drugs and trauma,which poses great identification challenges. The sudden unexplained death in individuals with mental disorders has always been a difficult task in forensic appraisal due to the lack of scientific and reasonable explanations for the cause of death and precise identification strategies after death. In recent years, with the in-depth researches into anatomy,toxicology and genetics, there has been a deeper understanding of this type of sudden death. This review aims to gather domestic and foreign literature, and introduces the current research status and mechanisms of sudden unexplained death in individuals with mental disorders from perspectives of anatomy, toxicology and genetics, as well as summarizes the forensic appraisal progress, in order to improve the forensic understanding of relevant cases and provide reference for forensic appraisal. References | Related Articles | Metrics

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Research Progress of Etomidate in Analyzing Methods, Toxic Damage and Abuse Situation SU Qin, YANG Chengliang, HE Meiyun, ZHAO Shuquan, LIU Weiguo, ZHAO Hu, LIU Chao 2024(2): 55-60.  DOI: 10.3969/j.issn.1671-2072.2024.02.007 Abstract ( )   PDF (1269KB) ( )   Although the clinical use of etomidate is widely recognized, there are issues of abuse and misuse of etomidate leading to fatalities, in some countries including China. Currently, China has classified etomidate as a second-class psychoactive drug with narcotic properties. Illicit use of etomidate can result in severe harm to multiple organ systems,including endocrine, nervous, and cardiovascular systems. By exploring the toxic mechanism, toxic damage, metabolic distribution, and analyzing methods of etomidate abuse, this paper provides a reference for the regulatory control and forensic evaluation of etomidate abuse. References | Related Articles | Metrics

Forensic Science

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Effect of Recovery Time and Clinical Characteristics on Forensic Disability Assessment of Femoral Neck Fracture CHEN Huan , SHI Jiusheng 2024(2): 61-66.  DOI: 10.3969/j.issn.1671-2072.2024.02.008 Abstract ( )   PDF (1254KB) ( )   Objective The study examined the relationship between recovery time, clinical characteristics, and disability assessment results for patients with femoral neck fractures caused by traffic accidents. Methods A retrospective analysis was conducted on the clinical data of 100 cases treated in our institution from 2020 to 2022.Patients were categorized into non-operative treatment (n=40) and surgical treatment (n=60) groups. Comparative analysis covered information including recovery time, complication incidence, fracture healing status, femoral head ischemic necrosis rate, joint function recuperation, and disability assessment outcomes. Results Findings revealed that the surgical treatment group [(6.8±1.5) months] exhibited significantly shorter recovery time than the nonoperative treatment group [(9.2±2.1) months, P<0.05], along with a lower complication incidence (P<0.05). Although no significant disparity in fracture healing rates was observed between the two groups (P>0.05), the surgical treatment group (30.0%) demonstrated a markedly lower femoral head ischemic necrosis rate compared to the non-operative treatment group (50.0%, P<0.05). Moreover, the surgical treatment group displayed superior joint function recovery,exemplified by a Harris score of 86.7% compared to 57.5% in the non-operative treatment group (P<0.05). Disabilityassessment outcomes indicated a significant reduction in disability occurrences within the surgical treatment group (P<0.05). Conclusion The impact of recovery time and clinical characteristics on disability assessment for femoral neck fractures due to traffic accidents is closely linked to treatment methods. Surgical intervention proves to be more effective than non-operative approaches in reducing recovery time, mitigating complication incidences, enhancing  joint function recuperation, and reducing disability rates. References | Related Articles | Metrics

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Analysis of Pressure Patterns of the Foot Palm and Heel Areas of Young Women Based on Footscan GU Yunlong, GAO Yi, TIAN Zichen 2024(2): 67-72.  DOI: 10.3969/j.issn.1671-2072.2024.02.009 Abstract ( )   PDF (1969KB) ( )   Objective To summarize the pressure patterns of young women’s foot palms and heels. Methods The Footscan plantar pressure gait analysis system was used to record the distribution of plantar pressure under normal walking conditions. Sixty young women with normal feet and good physical condition were randomly selected as the subjects of this experiment. The height, weight, age and origin information of the subjects were recorded respectively.SPSS 21.0 software was used to analyze the plantar pressure parameters in the toe, metatarsal, arch and heel area of different subjects, and the variance data was obtained. Results Under normal conditions, most of the plantar pressure areas of the left and right feet showed good correspondence. For toe area, the peak pressure, effective contact area and impulse of the first toe area were greater than those of the second to fifth toe area, and the right foot was almost greater than the left foot. For metatarsal area, the peak pressure and impulse were the largest in the third metatarsal area and were the smallest in the fifth metatarsal area. The effective contact area of plantar pressure in the first plantar area was the largest. For heel area, the peak pressure and effective contact area inside the heel area were greater than the outside of the heel area. The impulse outside the heel area of the left foot was greater than the inside of the heel area, and the impulse inside the heel area of the right foot was greater than the outside of the heel area. Conclusion The regularity of the pressure patterns of the foot palm and heel area of young women is significant. The results of this study improve the recognition of the biomechanical characteristics of young women’s feet and supplement the theoretical basis in related forensic appraisal. References | Related Articles | Metrics

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Research and Application of Video Feature Reference Layout for Road Traffic Accident Reconstruction GUAN Chuang, ZHANG Guangxiu, FENG Hao, LI Wei 2024(2): 73-78.  DOI: 10.3969/j.issn.1671-2072.2024.02.010 Abstract ( )   PDF (2419KB) ( )   Objective In order to solve the problem of feature reference selection and placement caused by changes in the position of surveillance cameras in video speed identification, a feature reference layout method for road traffic accident reconstruction is proposed using image homography. Methods Firstly, we examined the road surveillance video cameras and roughly determined the location of feature placement. Secondly, we set up feature references on site and use drones/cameras to obtain on-site photos containing feature references. Thirdly, we solved the homography matrix and converted on-site photos into surveillance visual angles. Finally, we completed the fusion and matching of on-site photos and surveillance videos. Results The deployment of feature reference in surveillance videos was realized, and the effectiveness of the video feature reference layout for road traffic accident reconstruction was verified. Conclusion This method can be used in the forensic identification of vehicle driving speed and determining the driving boundary with position changed surveillance cameras, and can effectively serve the road traffic accident investigation and identification work using video images. References | Related Articles | Metrics

Forensic Forum

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On the Substantive Realization of Appraisal Opinion Review——Taking Electronic Data Appraisal Opinion as an Example HONG Tao 2024(2): 79-88.  DOI: 10.3969/j.issn.1671-2072.2024.02.011 Abstract ( )   PDF (1361KB) ( )   The structure of “inspection materials+specialized knowledge+subjective judgment of forensic appraiser”does not decrease the difficulty of appraisal opinion review, but caused increased predicament of superposition instead. Take electronic data appraisal opinion as an example of empirical analysis, it can be found that the adoption rate of appraisal opinions is very high. There exist the problems of samples review replacing appraisal opinion review,supplemental appraisal or re-appraisal taking the place of the appraisal opinion review. At its root, the formation of the barriers is mainly caused by knowledge gap, and the lack of technical standards leading to the loss of review scale. In the substantive review of the appraisal opinion， it should be clear that appraisal opinion is not a conclusion,the objective neutrality of the appraisal still needs to be reviewed, and the appraisal opinion may be cross-examined.For the substantive content review, it should not only be reviewed that every appraiser is qualified, the appraisal commission is legal, the appraisal technology is reliable, but also the pre-trial appraisal opinion disclosure system should be added. We should also establish a sound system of testifying in court, improve the forensic technical assistance system and set up a specialized knowledge training system for judges. References | Related Articles | Metrics

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A Comparative Study of Domestic and Foreign Guidelines for Assessing the Fitness to Drive of Individuals with Mental Disorders WANG Shujian, LI Haozhe, ZHANG Shengyu, LING Xindi, ZHANG Qinting, CAI Weixiong 2024(2): 89-98.  DOI: 10.3969/j.issn.1671-2072.2024.02.012 Abstract ( )   PDF (1491KB) ( )   Road traffic safety has become a global public concern, especially increasing attentions are directed towards issues about individuals with mental disorders driving motor vehicles. The United Kingdom, Canada and the United States have formulated specific guidelines for assessing the fitness to drive of individuals with mental disorders.These nations have implemented systematic approaches to assess their fitness to drive, in order to enhance road traffic safety. This paperpresented a concise overview of the existing systems of driving fitness assessment, introduced the guidelines and standards in the countries mentioned above, and discussed the current issues in China accordingly. By summarizing and comparing both domestic and foreign guidelines, the authors aimed to provide a reference for refining methods for assessing the fitness to drive of individuals with mental disorders in China. References | Related Articles | Metrics

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Current Situation and Reflection on the Title System of Forensic Appraisers JIAN Hongwei 2024(2): 99-104.  DOI: 10.3969/j.issn.1671-2072.2024.02.013 Abstract ( )   PDF (1179KB) ( )   The professional title system plays an important role in forensic appraisal activities, and is an important reference indicator for judicial administrative departments to review the abilities of practitioners and ensure their entry into the workforce. Through an exposition and reflection on the current status of the professional title system for forensic appraisers, it is suggested that relevant departments, in implementing the Opinions on Deepening the Reform of the Professional Title System, further improve the evaluation system based on the characteristics of forensic appraisal activities,and put forward several suggestions for the Implementation Rules for the Evaluation of Senior Professional Titles of Forensic Appraisers by the Ministry of Justice (Draft for Soliciting Opinions), and expect that it be adopted by relevant departments. References | Related Articles | Metrics

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Analysis of Risk Prevention in Forensic Paternity Test WANG Chang, DOU Chuantan, GAO Hongmei, ZHANG Maoxiu 2024(2): 105-110.  DOI: 10.3969/j.issn.1671-2072.2024.02.014 Abstract ( )   PDF (1396KB) ( )   At present, paternity test technology is relatively mature, but there are still risks in forensic expertise. The paper made statistical analysis of the appraisal institutions and appraisers engaged in paternity test in Shandong Province. We discussed issues including the acceptance of entrustment, consulation work before acceptance, some special cases, the implementation of laboratory certification and accreditation, and personnel capacity improvement,in order to emphasize the importance of preventing risks in forensic paternity test for appraisers. In Shandong Province, there are more paternity appraisal institutions whose main body are enterprises than those whose main body are hospitals and universities. Some of appraisers have part-time jobs in several other appraisal fields. In the process of accepting the cases, appraisal institutions and appraisers should assess potential risks in advance, and conduct appraisal according to the laws and regulations strictly. At the same time, forensic appraisers should conduct relevant scientific researches and communications, improve their professional ability, so as to ensure the accuracy of appraisal results and let science and technology speak for justice. References | Related Articles | Metrics