自白任意性规则的法律价值

新刑事诉讼法和此前“两高三部”发布的有关刑事证据的规定，确立了非法证据排除规则，但这一进步却因模糊了对威胁、引诱和欺骗取得口供的排除态度而显得 不彻底。自白任意性被忽视，主要归因于过分倚重口供的司法惯性，作为自白任意性法理基础的正当程序观念没有得到普遍认同，对秩序的偏重则是更为深层的原因。自白的证据能力若不以自白的任意性为条件，冤错案件的病灶就不能祛除，司法实践就不可能取得实质的进步。认同自白任意性规则的法律价值，不仅能为发现案件真实提供保障，更是保障刑事司法最终摆脱纠问式特征之所必需。     

论刑事诉讼中的同案犯证言

在刑事诉讼活动中,提供证言的同案犯具有特殊地位。在刑事侦查工作中,同案犯证言发挥了十分关键的作用,也引发了一系列证据法和程序法问题。同案犯证言具有潜在的不可靠性,可通过健全证据开示制度及法官审查制度等措施保证该证据的正确适用。     

Metrological framework for selecting morphological characters to identify species and estimate developmental maturity of forensically significant insect specimens

Accurate age estimates of immature necrophagous insects associated with a human or animal body can provide evidence of how long the body has been dead. These estimates are based on species-specific details of the insects’ aging processes, and therefore require accurate species identification and developmental stage estimation. Many professionals who produce or use identified organisms as forensic evidence have little training in taxonomy or metrology, and appreciate the availability of formalized principles and standards for biological identification. Taxonomic identifications are usually most readily and economically made using categorical and qualitative morphological characters, but it may be necessary to use less convenient and potentially more ambiguous characters that are continuous and quantitative if two candidate species are closely related, or if identifying developmental stages within a species. Characters should be selected by criteria such as taxonomic specificity and metrological repeatability and relative error. We propose such a hierarchical framework, critique various measurements of immature insects, and suggest some standard approaches to determine the reliability of organismal identifications and measurements in estimating postmortem intervals. Relevant criteria for good characters include high repeatability (including low scope for ambiguity or parallax effects), pronounced discreteness, and small relative error in measurements. These same principles apply to individuation of unique objects in general.

Key points

• Metrological rigour can increase in forensic entomology by selecting measurements based on their metrological qualities.
• Selection of high-quality features for morphological identification of organisms should consider these criteria: (1) pronounced discreteness of features (minimising group overlap or maximizing interval); (2) high repeatability of assessment (such as symmetrical width rather than asymmetrical length); (3) small relative error in measurement (selecting the physically largest continuous rigid feature for measurement).
• These metrological principles also apply to individuation of unique objects in general.

     

补强证据规则--兼论口供的证据价值

补强证据规则是对诉讼过程中的采证、认证经验的总结,其在程序上对证据的证明力予以直接限制,体现了对法官认证的自由裁量权的规范和控制。我国目前还没有确立补强证据规则,理论上也缺乏对补强证据规则的系统研究。但司法实践中会经常运用到补强证据及其规则。     

脑震荡后综合征伤残评定研究进展

由于症状表现的主观性以及当前客观检查方法所能提供证据的匮乏,加之赔偿伴生的症状伪装和夸大等问题,脑震荡后综合征患者的伤残评定鉴定意见一致性不高.在人体损伤赔偿纠纷中,脑震荡后综合征患者的伤残评定成为法医精神病鉴定的争议点和难题.通过对脑震荡及相关术语变化、脑震荡后综合征的发生率、症状表现及诊断标准、脑震荡后综合征客观评...     

Cloud point extraction coupled with back extraction: a green methodology in analytical chemistry

Recently, cloud point extraction (CPE) coupled with back extraction (BE) has been suggested as a promising alternative to liquid-liquid extraction. In CPE, non-ionic surfactants in aqueous solutions form micelles and the solution becomes turbid when heated to the cloud point temperature. Microwave- or ultrasonic-assisted BE can be performed after CPE and before injection of the sample for instrumental analysis by ultraviolet-visible spectroscopy, high-performance liquid chromatography, gas chromatography, gas chromatography-mass spectrometry, or liquid chromatography-mass spectrometry. This article reviews selected published scientific research on the application of CPE-BE to the determination of alkaloids, drugs and organophosphorus compounds from several complex matrices. This method could be scaled-up for use in forensic science.     

Virtual anthropology: a preliminary test of macroscopic observation versus 3D surface scans and computed tomography (CT) scans

Virtual anthropology (VA) is based on applying anthropological methods currently used to analyse bones to 3D models of human remains. While great advances have been made in this endeavour in the past decade, several interrogations concerning how reliable these models are and what their proper use should be remain unanswered. In this research, a fundamental assumption of VA has been investigated: if the way we perceive and apply an anthropological method is truly similar when looking at bones macroscopically and through various 3D media. In order to answer, 10 skulls of known age and sex were scanned using a computed tomography (CT) scanner and a 3D surface scanner. Two observers separately applied a defined staging method to eight suture sites on these skulls, first looking at the bone macroscopically, then at the 3D surface scan, and finally on the CT scan. Two rounds of observation were carried out by each observer. Intra- and inter-observer error were evaluated, and two sample t-tests used to evaluate if the different types of medium used yielded significantly different observations. The results show a high degree of inter-observer error, and that data obtained from 3D surface scans differ from macroscopic observation (confidence level 95%, P ≤ 0.05). CT scans, in these settings, yielded results comparable to those obtained through macroscopic observations. These results offer many possibilities for future research, including indications on the kind of anthropological methods and anatomical landmarks that might be reliably transferable to the virtual environment. All current methods used in traditional anthropology should be tested, and if they prove unreliable, new techniques to analyse bones from virtual models should be developed.

Key points

• Large discrepancies between observation on dry bones and computer-generated 3D models (surface scans or CT scans) could lead to the re-evaluation of the suitability of traditional anthropological methods for application on 3D models.
• This preliminary study evaluates whether macroscopic, 3D surface scans, and CT scans viewings generate different observations.
• The results indicate that the data are not always coherent across all three media of observation.
• Explanations include the aspect given to the bone by the 3D software, differences between handling bones in real life versus on a computer, and level of expertise of the observers.

     

薄层螺旋CT扫描在肋骨骨折法医学鉴定中的应用分析

目的 明确薄层螺旋CT扫描及其图像后处理功能对肋骨骨折的诊断价值.方法 取2018年在本鉴定所进行肋骨骨折摄片复查的被鉴定人为研究对象,年龄为41～80岁,共计125例,所有对象均在本鉴定所进行薄层螺旋CT扫描,根据现场CT影像学检查进行图像后处理并作出诊断,采用卡方检验对相关数据进行分析.结果 本所复查的案例中,64...     

电子证据带给行政执法工作的挑战与对策

电子证据作为一种崭新的证据种类已经在执法实践中发挥了比较大的作用。但由于现行法律还没有对电子证据给予明确的规定,因此,有关电子证据的概念问题、其法律地位的界定问题、其法律价值的评价问题等应是电子证据研究的首要问题。此外,研究电子证据可以对具体的行政执法工作提供有益的帮助。     

Postmortem chest computed tomography for the diagnosis of drowning:a feasibility study

It may be difficult to distinguish the cause of death in drowning cases without specific findings. The aim of this study was to explore the forensic value of thoracic postmortem computed tomography (PMCT) using routine images and three-dimensional (3D) image reconstructions. The imaging data of PMCT examinations of six drowning cadavers, aged 21–54 years, were analyzed. Twelve victims of sudden death from coronary artery disease (CAD) were chosen as a control group. After 3D bilateral lung images were reconstructed using image processing software, an interactive medical image control system was used to measure and analyze parameters including lung volume, lung volume ratio, mean CT value of the whole lung, and lung CT value distribution curves. Lung volume and lung volume ratio were used to assess the shape changes of the lung. Lung CT value distribution curves showed the corresponding number of pixels of the different CT values in the lung image. Lung volume was not significantly larger in drowning cases (mean 2 958 cm³) than in controls (mean 2 342 cm³). Lung volume ratio values in the drowning group (mean 0.3156) were greater than those in the control group (mean 0.2763); (P = 0.02). There was no significant difference between the drowning and control group in the mean CT value of the whole lung. There were differences between lung CT value distribution curves in drowning victims and controls, with drowning victims showing a single peak and CAD cases showing a bimodal distribution. Thoracic PMCT is helpful for the forensic medical diagnosis of drowning. Lung volume ratio and lung CT value distribution are potential indicators to distinguish between drowning and CAD.