将"协同"引入司法会计--谈谈司法会计中的网络技术运用

"协同"的概念在信息系统领域还是一个新的概念,它的产生及其基于此思想设计的系统的应用,将推动信息技术革命进入一个全新的阶段.它的作用体现在协同工作问题,实现高效协作,支持信息的有效高速传递.司法会计相对发展滞后与信息化发展,将"协同"化的信息思想引入司法会计领域,让司法会计与信息发展同步,必将引起司法会计的革命性进步.     

Forensic data recovery and examination of magnetic swipe card cloning devices

Magnetic swipe card technology is used for many purposes including credit, debit, store loyalty, mobile phone top-up and security identification cards. These types of cards and the details contained on them are often relied upon as a form of identification and personal authentication. As such reliance is placed upon them it is surprising that they do not incorporate more stringent security features, and because of this lack of features it is not surprising that they attract the attention of people who wish to exploit them for illegal gain. The paper introduces the type of technology, and range of devices available for manipulating magnetic swipe card data. It proposes the use of Digital Evidence Bags as a suitable format for the evidential storage of information obtained from them, thus further illustrating the flexibility of the format and demonstrating the diverse range of devices that have to be handled within the digital investigation and law enforcement community.     

Forensic reference data on articulation rate in German.

Articulation rate (AR) is one of the parameters used in forensic voice comparisons for the purpose of providing evidence for or against speaker identity, yet at present multi-speaker studies on this parameter are very rare. In order to alleviate this situation AR was measured in the speech of 100 German-speaking male subjects. Histograms were provided from which the forensic expert can infer the percentages of different AR values in the population. Separate histograms were provided for mean AR and standard deviation of AR. It was also found that mean AR is significantly higher in read than spontaneous speech and that AR standard deviation is significantly smaller in read than spontaneous speech, although many individual speakers deviate from this general pattern.     

2008年度全国法医类、物证类、声像资料类司法鉴定情况统计分析

2008年,司法行政机关在司法鉴定管理工作中贯彻落实中央21号文件精神和全国人大常委会《关于司法鉴定管理问题的决定》,进一步深化鉴定体制改革,促进鉴定管理工作发展。对法医类、物证类、声像资料类＂三大类＂司法鉴定的鉴定机构、鉴定人、鉴定业务情况进行统计分析,以总结经验,指导实践。     

司法会计鉴定与文书鉴定配合运用的效果

司法会计鉴定和文书鉴定的配合运用不仅有助于提高鉴定效率。增强鉴定的准确性和针对性，而且有助于开拓思路，发现新的线索。     

Forensic medicine and criminalistics

The supplementary designation "criminalistics" in the title of certain forensic medical institutes in the first half of this century is to be regarded as a reaction to faulty developments in our specialty, which almost led to the elimination of forensic medicine as an independent scientific discipline in the 1960s. The ability to think in terms of criminalistics and the corresponding working procedures has always been a crucial precondition for the forensic physician, since forensic medicine is the application of medical knowledge for juridical purposes. Forensic medicine originated with the appraisal of cases of violent death by doctors, i.e., reconstruction of the facts in the case. To use the term "criminalistics" in the form of a supplementary designation is thus not required. An attempt is nevertheless made to define "medical criminalistics" as a small but important component of criminalistics. They are subdivided into two phases: the first part begins at the scene of the crime or the place of discovery (local evidence). Here, the trained eye of the forensic physician is indispensable to the criminal investigation department and the prosecutor. Medical criminalistic thinking and working procedures continue at the autopsy. Here, forensic autopsy differs from that practiced by the pathologist. Without knowledge of the situation at the discovery location, the forensic physician runs the risk of not recognizing facts that are important for reconstruction and thus becoming a "destroyer of clues". The second part of medical criminalistics is the actual detection of medical clues, i.e., the investigation of medical clues with special methods, including histological and toxicological investigations.(ABSTRACT TRUNCATED AT 250 WORDS)     

Forensic psychiatry and malpractice

This paper concerning the last 87 malpractice cases referred to the Department of Psychiatry and Law, Menninger Clinic, includes 57 suits against mental health practitioners and/or institutions, and 30 nonpsychiatric suits against general hospitals, surgeons, obstetricians, etc. A patient was available for interview in only 12 percent of the psychiatric cases; in 88 percent we reviewed medical records and consulted with attorneys. In the psychiatric cases the crucial question was whether a generally accepted standard of care was breached. The inherent problems of applying appropriate criteria to standards of care by practitioners and institutions are discussed. In half the psychiatric cases we found no significant deviation from acceptable clinical performance; in half we concluded that negligent practice had occurred. We did see a litigant for evaluation in 90 percent of the nonpsychiatric cases. The main issue involving them concerned harm or disability related to presumed negligence by medical personnel. How we evaluate such cases and apply disability criteria is discussed.     

Dynamic recreation of kernel data structures for live forensics

The role of live forensics in digital forensic investigations has become vital due to the importance of volatile data such as encryption keys, network activity, currently running processes, in memory only malware, and other key pieces of data that are lost when a device is powered down. While the technology to perform the first steps of a live investigation, physical memory collection and preservation, is available, the tools for completing the remaining steps remain incomplete. First-generation memory analyzers performed simple string and regular expression operations on the memory dump to locate data such as passwords, credit card numbers, fragments of chat conversations, and social security numbers. A more in-depth analysis can reveal information such as running processes, networking information, open file data, loaded kernel modules, and other critical information that can be used to gain insight into activity occurring on the machine when a memory acquisition occurred. To be useful, tools for performing this in-depth analysis must support a wide range of operating system versions with minimum configuration. Current live forensics tools are generally limited to a single kernel version, a very restricted set of closely related versions, or require substantial manual intervention.This paper describes techniques developed to allow automatic adaptation of memory analysis tools to a wide range of kernel versions. Dynamic reconstruction of kernel data structures is obtained by analyzing the memory dump for the instructions that reference needed kernel structure members. The ability to dynamically recreate C structures used within the kernel allows for a large amount of information to be obtained and processed. Currently, this capability is used within a tool called RAMPARSER that is able to simulate commands such as ps and netstat as if an investigator were sitting at the machine at the time of the memory acquisition. Other applications of the developed capabilities include kernel-level malware detection, recovery of processes memory and file mappings, and other areas of forensics interest.     

聚焦司法鉴定过程生成的鉴定人民事责任

考察鉴定人民事责任的制度依据和法律渊源,分析我国司法鉴定过程中,鉴定人民事责任的现实基础和规范依据。并以此为出发点,探讨我国司法鉴定人民事责任的基本内涵和外延,指出其特殊之处。最后从当事人实现救济的角度出发．提出鉴定人民事责任追诉的基本设想。     

加强司法鉴定队伍管理，推进司法鉴定体制改革

本文从我国现行的司法鉴定体制入手,阐述了五十年来司法鉴定的历史成因,肯定了以往的成绩,同时指出:目前在经济利益驱动下把鉴定作为创收手段,致使证据随意变形等现象,从而引起了全社会的关注,司法鉴定成为反响最强的问题之一。由此作者提出了较为系统的司法鉴定体制改革模式、认为司法鉴定必须成为一个独立的诉讼主体,以体现公平、公正和正义。对现有公、检、法、司的司法鉴定队伍及职能须作相应调整:保留公、检的鉴定机构,撤销法院的鉴定机构,加强面向社会服务的鉴定机构,形成两种类型的司法鉴定机构,即代表国家行使司法鉴定权的公、检两机关的司法机构,面向社会服务的司法鉴定机构,通过当庭质证形成制约机制。本文还对加强司法鉴定队伍的管理和协调提出了三点思考,对队伍建设有启示作用。     

毒物鉴定信息资源介绍及法医毒物学数据库构想

信息资源作为现代社会的一种重要资源,在各专业领域中显示出其无可替代的价值。毒物鉴定同样需要专业信息的强有力支持。根据法医毒物鉴定实践的信息需求,对可能涉及的相关信息资源来源,尤其是网络在线数据库资源进行综述和评价。同时,探究了建立适合毒物鉴定专业需求的＂法医毒物数据库及其信息平台＂的可行性和设计构思,并对其应用做出展望。     

Results of four inter-laboratory comparisons provided by the Forensic Isotope Ratio Mass Spectrometry (FIRMS) network

Between 2004 and 2008 the Forensic Isotope Ratio Mass Spectrometry (FIRMS) network organised four Inter-Laboratory Camparison excercises with the aim of harmonising and validating isotopic measurements to be used for forensic applications.The samples distributed comprised materials of potential forensic interest such as packaging and pharmaceuticals to be analysed for δ²H, δ¹³C, δ¹⁵N and δ¹⁸O composition. As many as 30 international laboratories participated in these comparisons. Results have shown overall improvements for both within- and inter-laboratory reproducibility with respect to δ¹³C and δ¹⁵N measurements.Only a small number of laboratories returned results for δ²H and δ¹⁸O analysis and these results highlighted a need for improvement in the reproducibility of these measurements and a need to address the exchange of hydrogen between samples and ambient moisture. Results also highlighted the importance of sample preparation procedures and the need to standardise both these procedures and calibration against Standard Reference Materials. Future Inter-Laboratory Comparison exercises will assess the suitability of laboratories to submit data to national and international databases similar to those currently operated for fingerprints, DNA etc.