A simple microthermal desorption device

A new method for thermal desorption of small samples is presented. The method uses a solid phase microextraction (SPME) holder with the fiber removed. The sample-for example, an ink sample on paper-is simply placed inside the needle of the holder, where normally an SPME fiber is positioned. The thermal desorption is then performed on any kind of gas chromatograph in a manner similar to that for SPME analysis. The needle of the SPME holder penetrates the injector septum; the temperature of the thermal desorption is simply the temperature of the injector. No solvents or liquid nitrogen cooling are used. The paper sample is kept inside the holder needle during the analysis. After the analysis is completed, the sample is removed from the needle by pushing forward the steel wire inside the needle in the way normally used to perform sampling with the SPME fiber. The desorbed compounds were analyzed by gas chromatography with a flame ionization detector or by gas chromatography-mass spectrometry. The optimum temperature for desorption of ink samples on paper was 200 degrees C. The influence of the paper matrix is negligible at that temperature. Laboratories lacking the commercial device for thermal desorption can use this cheap device for the analysis of, for example, writing ink, printing ink, and inkjet ink samples on paper. Other types of samples can be investigated but the size of samples suitable for analysis is limited.     

论《物权法》第28条中“法律文书”的涵义与类型

我国《物权法》第28条因"法律文书"引起的物权变动,是司法裁判权、仲裁裁决权、强制执行权行使的结果,属于因公权力的行使发生的物权变动,故物权变动是否因公权力的行使而发生是确定该条款中"法律文书"涵义和类型的基础。由确认之诉、给付之诉及形成之诉各自功能所决定,直接引起物权变动的法律文书仅限于形成性法律文书,不包括确认性和给付性法律文书。形成性法律文书主要是指形成判决,即因形成诉权的行使作出的判决,而确认单纯形成权行使效力的判决不是形成判决。强制执行程序中拍卖成交确认裁定和强制抵债裁定也属于形成性法律文书。民事调解书不属于形成性法律文书的范畴,不能直接引起物权变动。     

Application of Micro‐Attenuated Total Reflectance Fourier Transform Infrared Spectroscopy to Ink Examination in Signatures Written with Ballpoint Pen on Questioned Documents

Questioned documents examined in a forensic laboratory sometimes contain signatures written with ballpoint pen inks; these signatures were examined to assess the feasibility of micro‐attenuated total reflectance (ATR) Fourier transform infrared (FTIR) spectroscopy as a forensic tool. Micro‐ATR FTIR spectra for signatures written with 63 ballpoint pens available commercially in Korea were obtained and used to construct an FTIR spectral database. A library‐searching program was utilized to identify the manufacturer, blend, and model of each black ballpoint pen ink based upon their FTIR peak intensities, positions, and patterns in the spectral database. This FTIR technique was also successfully used in determining the sequence of homogeneous line intersections from the crossing lines of two ballpoint pen signatures. We have demonstrated with a set of sample documents that micro‐ATR FTIR is a viable nondestructive analytical method that can be used to identify the origin of the ballpoint pen ink used to mark signatures.     

Dating of Inkpad Seals Using the Extraction Rate Method: Preliminary Findings

Inkpad seals are often placed on important documents, and determining the date when a seal was affixed can be important to assess the authenticity of a document. In this study, three different brands of inkpads and four different types of paper were used to make diachronic samples of the seals. A double‐solvent extraction method was employed to date the inkpad seals by comparing extraction rates with inks of known age. Cyclohexane was selected as a weak solvent, and chlorobenzene was selected as a strong solvent. After testing, curves were created to show the relationship between the extraction percentage of ink and the date of the seals. The experimental results showed that the extraction rate method was applicable for the relative dating of inkpad seals in some cases where the seal was placed on the document within 6 months.     

GC Analysis of Black Gel Pen Ink Stored under Different Conditions

In many criminal and civil cases in China, the most commonly questioned documents are those written with gel pen ink. An important task for forensic document examiners is to identify whether two or more ink entries in one or more documents were written with the same ink type. The identification of the age of gel ink entries made poses an important and difficult problem for forensic document examiners. In this paper, the volatile components of gel ink were determined and the gel ink was classified by gas chromatography with a flame ionization detector. Calibration curves were created to express the relationship between the content of volatile gel ink components and the age of gel ink entries stored under natural and UV‐induced aging conditions. The correspondence between the natural and UV‐induced aging conditions was also established. The experimental results showed that GC was useful in the analysis of black gel ink and applicable for determining the relative age of gel ink entries under certain conditions.     

TOF‐SIMS Analysis of Red Color Inks of Writing and Printing Tools on Questioned Documents

Time‐of‐flight secondary ion mass spectrometry (TOF‐SIMS) is a well‐established surface technique that provides both elemental and molecular information from several monolayers of a sample surface while also allowing depth profiling or image mapping to be performed. Static TOF‐SIMS with improved performances has expanded the application of TOF‐SIMS to the study of a variety of organic, polymeric, biological, archaeological, and forensic materials. In forensic investigation, the use of a minimal sample for the analysis is preferable. Although the TOF‐SIMS technique is destructive, the probing beams have microsized diameters so that only small portion of the questioned sample is necessary for the analysis, leaving the rest available for other analyses. In this study, TOF‐SIMS and attenuated total reflectance Fourier transform infrared (ATR‐FTIR) were applied to the analysis of several different pen inks, red sealing inks, and printed patterns on paper. The overlapping areas of ballpoint pen writing, red seal stamping, and laser printing in a document were investigated to identify the sequence of recording. The sequence relations for various cases were determined from the TOF‐SIMS mapping image and the depth profile. TOF‐SIMS images were also used to investigate numbers or characters altered with two different red pens. TOF‐SIMS was successfully used to determine the sequence of intersecting lines and the forged numbers on the paper.     

打印机打印法变造文件的检验

打印机打印法变造文件在检验中按照确定变造事实、分析变造方法、确认被变造原文字三个步骤,综合运用透射光或侧光观察、荧光检验、综合评断等方法进行分析检验。现代化办公用品、设备在侦破犯罪案件上的运用,使得实际工作中文件检验的工作对象不断发展、变化,这对文检人员提出了新的要求,即要具备坚实的理论基础,又要在工作中不断积累、不断学习、不断总结,从理论和实践上寻找解决新问题的新方法、新手段,为侦破刑事案件、澄清法律事实,发挥更大作用。     

未获支付的卖方对海运货物的留置权

本文分析了记名提单的法律性质 ,指出记名提单也是物权凭证 ,承运人必须凭单放货 ,否则将侵害未获支付的卖方对海运货物的留置权。     

个人言语风格识别研究

言语风格具有三个基本属性:特殊性、稳定性、反映性。侦查技术人员依法对有关案件言语材料的言语风格进行识别,可以分析出制作人个人特征,确定案件言语材料与嫌疑人的关系,从而为侦查工作提供方向和线索,为认定作案人提供证据。     

中国古代判词与当代刑事判决书对比研究

中国古代判词作为古代司法官员听讼断狱所制作的司法文书,反映着中国历史上的礼法文化传统。当下中国的刑事判决书改革,不仅需要借鉴国外的先进庭审制度和制判模式,而且需要从我国的本土断案决狱文化中汲取营养,把我国优秀的传统法律文化发扬光大,从而更好地推动司法改革的发展。本文首先对中国古代判词进行分类,继而从古代判词的文学性特征、道德化倾向、天理、人情和法意的兼顾、文本结构和用词的感情色彩等角度探讨了古代判词与现代刑事判决书的差异,并揭示了其对当今刑事判决书改革的启示。古代判词的这些特征不仅有利于实现古代社会的司法目的,对于中国当下的司法改革,尤其是刑事判决书改革也具有现实的参考价值。