试论非法行医案的法医学鉴定

本文结合部分非法行医典型案例讨论该类案件的法医学鉴定问题，对于非法行医行医造成人身健康受到损害的程度如何界定，法律没有明确规定，作者认为应以刑法为基础，参照《人体轻微伤的鉴定》、《人体轻伤鉴定标准（试行）》和《人体重伤鉴定标准》作为主要依据，并考虑非法行医行为在这类案件中的参与程度，综合鉴定。     

Posttraumatic neurosensory hypoacusis in forensic medical practice

Literature data and results of epidemiological examination show that traumas play a significant role in emergence of neurosensory hypoacusis (NSHA) in young healthy population. The diagnosis of NSHA is often missed in forensic-medical examination and this may cause a social problem. Audiometric signs of NSHA were studied in subjects with trauma of the labyrinth. Pure tone audiometry results can be used for differential diagnosis of mechanical and barotraumas and as additional criteria in determination of the harm to health.     

试论非法行医案的法医学鉴定

本文结合部分非法行医典型案例讨论该类案件的法医学鉴定问题 ,对于非法行医造成人身健康受到损害的程度如何界定 ,法律没有明确规定 ,作者认为应以刑法为基础 ,参照《人体轻微伤的鉴定》、《人体轻伤鉴定标准 (试行 )》和《人体重伤鉴定标准》作为主要依据 ,并考虑非法行医行为在这类案件中的参与程度 ,综合鉴定。     

Topographies of forensic practice in Imperial Germany

This article examines the topography and “cultural machinery” of forensic jurisdictions in Imperial Germany. It locates the sites at which boundary disputes between psychiatric and legal professionals arose and explores the strategies and practices that governed the division of expert labor between them. It argues that the over-determined paradigms of ‘medicalization’ and ‘biologization’ have lost much of their explanatory force and that historians need to refocus their attention on the institutional and administrative configuration of forensic practices in Germany. After first sketching the statutory context of those practices, the article explores how contentious jurisdictional negotiations pitted various administrative, financial, public security, and scientific interests against one another. The article also assesses the contested status of psychiatric expertise in the courtroom, as well as post-graduate forensic psychiatric training courses and joint professional organizations, which drew the two professional communities closer together and mediated their jurisdictional disputes.     

法医学鉴定实践中的伦理考量

法医学鉴定的对象是人及与人相关材料,因此在法医学检案实践中需要考虑伦理问题。基于法医学鉴定中的公平正义、尊重、真相告知三大基本原则,进一步衍生出法医学检案实践活动的具体伦理要求,即法医学鉴定的称职性、对鉴定涉及案件及其当事人伦理考虑、如何处理案件检材。然而当前法医学鉴定却存在部分法医鉴定人不称职、重技术轻程序、鉴定机构选择出现争议、利益输送与利益冲突等问题。笔者针对以上问题提出相应对策,并重点讨论三大矛盾,保证法医学鉴定称职性。     

The precarious practice of forensic psychiatric risk assessments

The development of forensic psychiatric risk assessments is discussed from a clinical point of view using the example of Sweden. A central task in forensic psychiatry has traditionally been to identify dangerous, mentally disordered subjects considered to be prone to commit violent acts. Over time, “dangerousness” has been reworded into “risk”. Nevertheless, such assessments have generally been based on the psychiatric factors characterising the individual patient, while group interaction, situational factors, or social and cultural circumstances, such as the availability of alcohol and drugs, have been largely overlooked. That risk assessments have a focused on people with a diagnosis of “mental disorder” and been used as grounds for coercive measures and integrity violations has somehow been accepted as a matter of course in the public and political debate. Even the basic question whether offenders with a mental disorder are really more prone to criminal recidivism than other offenders seems to have been treated light-handedly and dealt with merely by epidemiological comparisons between groups of persons with broad ranges of psychosocial vulnerability and the general population. Legal texts, instructions and guidelines from the authorities in charge are often vague and general, while actors in the judicial system seem to put their trust in psychiatric opinions. The exchange of professional opinions, general public expectations, and judicial decision processes poses a huge risk for misunderstandings based on divergent expectations and uses of terminology.     

Combined trauma and sepsis in forensic medical practice

The relationship between combined injury and sepsis is an important problem of forensic medicine. A total of 227 cases with combined injuries have been investigated postmortem at Bureau of Forensic Medical Expert Evaluations of Moscow in 1997. Sepsis developed in 9.7% cases. The studies revealed a direct cause-and-effect relationship between mechanical injuries and development of sepsis in the overwhelming majority of cases. Sepsis may develop at any period of the traumatic disease, except the first one, and the infection is prone to generalization in the remote postoperative period.     

Learning in practice for becoming a professional forensic expert

The study explores the professional development of future forensic experts. Specifically, it investigates how the forensic expert trainees learn through the internal training program at the Swedish National Laboratory of Forensic Science with a focus on the supervision at work. The findings are drawn from an ethnographical study where five trainees and their supervisors have been observed and interviewed. By drawing on a socio cultural perspective on learning, the results show that supervision is crucial for professional development. Two types of activities and relations define how supervision is implemented. There is a "transitional movement" in how supervision is staged depending on the trainees' gradual changes in participation in the work practice and increased experience. Forensic experts need skills and know-how to make wise and impartial judgments, i.e. a kind of tacit professional practical knowledge, as well as the skill to communicate with other professionals. However, the development of a professional language is somewhat unspoken or planned. Becoming a forensic expert is a learning process in practice where supervision plays a decisive role in maintaining the professional knowledge in the judicial system. Therefore, supervision for supervising might be a valuable support for supervisors.     

The human ear: its role in forensic practice

The human ear has much to offer investigators in relation to many areas of forensic practice including forensic pathology, anthropology, identification and facial reconstruction and yet its full potential is often overlooked. This review paper explores current knowledge related to the human ear drawing attention to those situations where the ear could play a valuable role in a forensic investigation.     

The use of dental aging techniques in forensic odontological practice

Many studies have been published describing numerous techniques to determine the aging of individuals from dental tissues. However, few case reports demonstrate how such techniques can be employed by the forensic odontologist undertaking casework. Indeed, many of the techniques are highly complex and utilize equipment not generally available to odontologists outside of the university or hospital systems. This paper describes five cases where dental aging was used for identification in the absence of materials for any other techniques. In each case the Bang and Ramm method was employed using sectioned teeth. Teeth were sectioned, photographed, and scaled in image analysis software. Bang and Ramm equations were employed, and in each case an age was derived. The estimated age was supplied to the coroner, who was able to use the information to positively identify five individuals for whom no other identification system was feasible.     

接触DNA在法医实践中的应用研究进展

人体在接触物体后,会在其表面留下少量接触DNA。对接触DNA的检验是目前法医DNA检验技术的热点和难点。接触DNA的检验成功率差异较大,受各环节多重因素影响。影响接触DNA检验成功率的主要因素有接触DNA检材的准确发现、接触DNA的提取与纯化以及扩增策略的选择和结果分析等。本文详述了接触DNA检验过程的进展及研究展望。