论面向事故处理的道路交通事故鉴定体系的构建

针对《道路交通安全法》的规定和交通事故处理的需求,结合实际交通事故鉴定经验,应用系统科学理论构建了面向事故处理的道路交通事故鉴定体系,明确了交通事故鉴定的目的和作用,将涉及交通事故的跨学科、跨专业的各类专门性技术鉴定有机统一在交通事故鉴定体系中。     

毒品犯罪的犯罪学定性

从犯罪学的角度，根据毒品犯罪的特征，可以将毒品犯罪区分为五种，即：作为社会政治经济问题的毒品原植物大规模种植行为；作为有组织犯罪的毒品生产、制造和销售行为；作为街头犯罪的毒品零售行为和毒品原植物零星种植行为；作为白领犯罪的洗（毒）钱行为；作为无被害人犯罪的滥用毒品行为。基于犯罪性质的不同，应采取不同的对策。     

近红外显微分光光度法鉴别油漆的研究

本文借助显微分光光度计系统在近红外区域对几种“色觉”相似的油漆样品进行了光谱学分析。结果表明，近红外显微分光光度计能有效地鉴别颜色相似的油漆。该法准确、可靠，且不破坏检材．对实际检案有重要意义。     

刑案无辜者虚假有罪供述的识别

目前通过诉讼程序对无辜者作出的虚假有罪供述识别乏力，可识别的案件种类较少且具有被动性、偶然性、滞后性特点。为此，应将识别的重心前移至侦查阶段，拓展识别的路径，对无辜者的言语、非言语行为、生理心理及供述内容本身进行识别。     

练习摹仿笔迹特征鉴定价值分析及同一认定条件

练习摹仿笔迹鉴定是笔迹鉴定中比较难的一种，但在司法实践中又比较常见，在借据、收据、签名、批示笔迹的书写上常常被作案人采用。本文对练习摹仿笔迹的特征及其鉴定价值进行了分析，并总结出作为一般规律的识别要素，以期对练习摹仿笔迹的鉴定提供一定的参考依据。     

Identification of skull from its suture pattern

The examination of 320 skulls collected at random revealed that the ectocranial suture patterns in them are highly individualistic and that no two skulls can ever have an identical pattern. The possibility of these suture patterns being recorded incidentally in routine diagnostic skull radiographs was verified by examining the skull skiagrams preserved in radiology departments. A positive method of identification of the skull is suggested by the comparison of radiographic with visible skull suture pattern.     

DNA Identification of Commingled Human Remains from the Cemetery Relocated by Flooding in Central Bosnia and Herzegovina

The floods in Bosnia and Herzegovina in May 2014 caused landslides all over the country. In the small village of ?eri?i, near the town of Zenica, a landslide destroyed the local cemetery, relocated graves, and commingled skeletal remains. As the use of other physical methods of identification (facial recognition, fingerprint analysis, dental analysis, etc.) was not possible, DNA analysis was applied. DNA was isolated from 20 skeletal remains (bone and tooth samples) and six reference samples (blood from living relatives) and amplified using PowerPlex^® Fusion and PowerPlex^®Y23 kits. DNA profiles were generated for all reference samples and 17 skeletal remains. A statistical analysis (calculation of paternity, maternity, and sibling indexes and matching probabilities) resulted in 10 positive identifications. In this study, 5 individuals were identified based on one reference sample. This has once again demonstrated the significance of DNA analysis in resolving the most complicated cases, such as the identification of commingled human skeletal remains.     

彩色喷墨打印印文的检验鉴定

将真印文扫描后用彩色喷墨打印机打印的方法伪造印章印文,目前有上升趋势。结合一宗具体案件,研究该种伪造印章印文方法的特点与鉴定要点,供同行参考。     

化学显色法分析喷墨打印机黑色墨水的种类

目的建立化学显色法检验喷墨打印机字迹色痕的方法。方法选用不同的试剂或混合试剂,对22种不同品牌的喷墨打印黑色墨水的溶解性及与不同试剂的颜色反应进行观察。结果不同品牌的喷墨打印机黑色墨水的溶解性不同,与不同试剂作用会显现不同的颜色。结论化学显色法快速、简便,可用于现场的快速检验。     

Identification of unknown bodies by using CT images of frontal sinus

The aim of the study was to define a simple system for the identification of unknown bodies by using CT images of frontal sinus and to discuss whether it was worth to add measurements to the system or not. The system was including simple features as F (presence or absence of frontal sinus), S (intersinus and intrasinus septum) and S (scalloping), and named as FSS system. Measurements selected for the study were width, height, anteroposterior length, total width of two sinuses, the distance between the highest points of the two sinuses and the distance of each sinus to its maximum lateral limit. The study was conducted retrospectively on the paranasal CT scans of 100 cases (38 male and 62 female) who had no apparent sinonasal pathology. All the features and measurements were coded according to the system defined by the authors for each case and coded formulas were compared. At least 93% of the formulas could be eliminated for a case by using FSS system. The rate of success was increased to 98% by adding measurements. Contrary to objective criteria of FSS system, measurements were prone to bias. Therefore, in practice success rate would be expected to be lower than calculated. In the study population, instead of making 100 measurements, eliminating the most of the cases with FSS system and later discriminating the rest by pattern matching was seen logical.     

由“华山”笔迹鉴定案件反思鉴定若干理论问题

司法鉴定是当前司法体制改革的热点问题,随着我国鉴定事业的蓬勃发展和全面推进。司法鉴定也遇到了发展的瓶颈。通过对“华山”案件的剖析,重点论述了鉴定的科学分类问题、程序的合法性问题、鉴定结论的科学可靠性问题等。     

Identification Using Frontal Sinus by Three‐Dimensional Reconstruction from Computed Tomography*

Abstract: Radiographs and computed tomography (CT) images have been increasingly applied and accepted in forensic sciences. Along with radiographs and CT images, the frontal sinus is often used for the individual identification because of its unique and unchangeable characteristics. The purpose of this study is to define the usefulness of three‐dimensional (3‐D) images of the frontal sinus for identification. CT images from 119 Korean cadavers were built up for 3‐D reconstruction and surveyed with 15 measurements. The total volume of the sinus, some nonmetric characteristics, and the bilateral asymmetry index in men differed significantly from those in women (p < 0.05). The digit codes, six sections and 10‐digit number, were almost able to accurately identify individuals (98%). This study showed a statistical difference between the sexes and classified the fused and prominent middle sinuses for the first time. This proposed method for identification is more accurate than those used in other studies.     

Identification and analysis of human remains recovered from wells from the 1991 War in Croatia

From 1996 to the present, the remains of 61 individuals killed during the 1991 War in Croatia were recovered from both dried out and functioning wells. Positive identification was established in 60.7% or 37/61 cases. Remains recovered from the same geographical region but from non-well settings were identified in 77.4% or 1256/1623 cases. The purpose of this paper is to report on the taphonomic, demographic and trauma characteristics of remains recovered from wells and identify factors responsible for the discrepancy in the identification ratios. The age and sex distributions in the well and non-well series were similar, as were the frequencies of recovered personal documents, jewelry and other artifacts. The taphonomic features of the remains were, however, significantly different. Preservation of remains was considerably better in non-well settings (1400/1623 or 86.3% compared to 40/61 or 65.5% in wells). Congruently, commingling of remains was more frequent in wells (26/61 or 42.6% compared to 77/1623 or 4.7% in non-well settings). In bodies recovered from non-well settings the preservation, state and commingling of the remains were strongly correlated with positive identification. None of these features were correlated with the identification of bodies from wells. Instead, identification of remains from wells was significantly affected by the presence or absence of water in the well. As both series have similar frequencies, and identical rankings of identification factors, the reason for the discrepancy in the identification ratios lies in the fact that by themselves, these factors were rarely sufficient for positive identification. In both series the majority of identifications (51.4% in the well, and 58.1% in the non-well series) were established through a combination of biological and non-biological features. The significantly lower identification ratio in the well series resulted from the difficult recovery conditions in wells with significant amounts of water, and the negative effect that water had on the preservation of clothing, personal artifacts and some dental features. Significant differences were also noted in the types and locations of perimortem traumas. There is a significantly higher frequency of entrance gunshot wounds to the back of the head, suggestive of execution style murders, in the well series.     

直接扩增法用于重大灾难事故中软骨的个体识别

目的探讨直接扩增法对软骨STR检验的有效性,以提高灾难受害者身源鉴定工作效率。方法采用Power Plex~21试剂盒对88份软骨进行直接扩增法检验,同步进行磁珠法比较分型结果。结果 88份软骨检材中,直接扩增法与磁珠法均成功检出84份检材的STR基因型,两者分型结果完全一致。结论Power Plex~21试剂盒直接扩增法可以应用于软骨STR分型检验,且操作简便、快速,在重大灾难事故身源鉴定中具有很好的应用前景。     

16SrDNA序列分析在嗜尸性蝇类鉴定中的应用

目的通过mtDNA上16SrDNA中551bp基因序列分析,解决依据COI和COII上278bp和635bp基因序列难以鉴别丝光绿蝇、铜绿蝇种类的难题,为法医学嗜尸性苍蝇种类的鉴别提供依据。方法随机采集放置在呼和浩特及成都地区室外草地家兔尸体上的铜绿蝇和丝光绿蝇,对其mtDNA上16SrDNA中551bp基因序列进行分析、比对,构建系统发育树。结果通过对嗜尸性蝇类mtDNA上16SrDNA的551bp基因序列分析可以对丝光绿蝇和铜绿蝇进行鉴别。结论16SrDNA上551bp基因序列分析是对嗜尸性蝇类(尤其是铜绿蝇和丝光绿蝇)进行种类鉴定的有效方法,是对依据COⅠ和COⅡ序列分析方法鉴别嗜尸性苍蝇种类的重要补充。     

Toolmark Identification of a Mattock to a Clod of Soil from a Grave

Abstract: At a recent bushland gravesite that contained a deceased male, a clod of soil displaying a striated toolmark was collected during the excavation of the grave. This clod was preserved, and the mark was cast using Mikrosil?. Shovels and a mattock, which had been discarded by the suspects, were subsequently found at another location. A toolmark comparison identified the hoe end of the mattock head as having produced the striated toolmark.     

宪法权利视角下的美国目击者辨认证据规则

自1967年的United States v．Wade案开始，美国最高法院逐步发展出目击者辨认证据（排除）规则。在各时期主流司法理念的影响下，律师帮助权和正当程序权利这两项宪法权利共同见证着该规则盛极而衰的历史演变。尽管正当程序正经受国际化浪潮的影响，但是却受到当前美国主流司法理念的抑制．于是很难再产生一次新的“革命”，目击者辨认证据规则的这一重要理论基础从而也大为削弱。该规则很难再单纯地继续因循修补加完善的传统套路，而是同时需要另辟蹊径采取成文法化的路径来规制辨认程序．这是美国司法界目前及未来面临的一项重要课题。     

Identification of Bodies by Unique Serial Numbers on Implanted Medical Devices

Visual identification is the most common identification method used by medical examiners but is not always possible. Alternative methods include X‐ray, fingerprint, or DNA comparison, but these methods require additional resources. Comparison of serial numbers on implanted medical devices is a rapid and definitive method of identification. To assess the practicality of using this method, we reviewed 608 consecutive forensic autopsies performed at a regional medical examiner office. Of these, 56 cases required an alternative method of identification due to decomposition (n = 35), gunshot wound (n = 9), blunt trauma (n = 6), or charring (n = 6). Of these 56 cases, eight (14.3%) were known to have an implanted medical device. Of these eight cases, five (63%) could be positively identified by comparing serial numbers. If an implanted medical device is known to be present, and medical records are available, identification by medical device serial number should be a first‐line method.     

医学会从事医疗损害鉴定之合法性研究

本文回顾了我国医疗纠纷鉴定体制发展历程,分析了医学会鉴定与司法鉴定的优缺点。在此基础上。认为在现阶段,医学会参与医疗损害鉴定具有一定的、但并不充分的法律依据,具有相对的合法性,医学会应属“准”法定鉴定部门。可以通过最高人民法院制定司法解释或卫生部制定规章的方式使其尽快“转正”。尽管如此,医学会作出的鉴定结论并不具有必然的证明力,其鉴定程序和鉴定书形式等亦应符合法律规定．而鉴定人署名并出庭接受质证是其鉴定结论被法院采信的前提条件。     

医学会从事医疗损害鉴定之合法性研究

本文回顾了我国医疗纠纷鉴定体制发展历程,分析了医学会鉴定与司法鉴定的优缺点。在此基础上,认为在现阶段,医学会参与医疗损害鉴定具有一定的、但并不充分的法律依据,具有相对的合法性,医学会应属准法定鉴定部门。可以通过最高人民法院制定司法解释或卫生部制定规章的方式使其尽快转正。尽管如此,医学会作出的鉴定结论并不具有必然的证明力,其鉴定程序和鉴定书形式等亦应符合法律规定,而鉴定人署名并出庭接受质证是其鉴定结论被法院采信的前提条件。