医疗纠纷司法鉴定的原则及意义

本文针对日趋增多的医疗纠纷司法鉴定现状,结合当前司法鉴定实践,从法医学、医学及法学学科角度归纳、阐释了医疗纠纷司法鉴定的原则及意义。以期为同行及相关专业提供参考,旨在促进鉴定结论更科学、更客观、更接近事实真相、更利于司法审判的顺利进行。     

关于犯罪现场勘查课程考核方式的思考

考核是教学的有机组成部分,考试的目的在于促进学生的学习,巩固他们所学知识,提高他们学以致用的能力。犯罪现场勘查学作为一门实践性很强的学科,其考核的方式对学生知识和能力的培养起着十分重要的意义,探讨当前犯罪现场勘查课程的考核方式并提出改革对策,有助于培养符合公安实战需要的合格人才。     

Could Defects on a Rubber Stamp be Reproduced on a Duplicated Rubber Stamp?

The examination of stamp impressions has been an integral part of questioned document examination since its inception. Matching in design details and unique defects has proven to be essential factors for rubber stamps and stamp impression examination. In this study, several duplicate stamps were made from various rubber stamp manufacturers in Hong Kong, from the same original stamp impression(s). The objective was to examine the stamp impressions prepared from these duplicated stamp products and compared with each other and to determine whether they could be distinguished from the source stamp impression(s); by comparison of the size and defects deliberated introduced onto the latter. Further consideration of this study was an attempt to create a perfect duplicate stamp from an original stamp impression. The results of the analysis showed that the quality of source stamp impression(s) and scanner device of the stamp manufacturing process, and the knowledge of the stamp manufacturer were critical to the quality and outcome of the duplicated stamp products. It is concluded that although a perfect duplicate stamp could only be made under several essential control conditions, it was still possible to create a duplicate stamp that replicated the features of the original when a high-quality source stamp impression was available.     

Determination of the Chronological Order of a Laser Printing and Gel Pen Writing Without any Crossing Strokes

Laser printers and writing instruments are being exploited by the forgers to produce fabricated documents. They often produce such documents by appending genuine signature on a blank sheet and later printing on it. Often these fabricated documents do not contain intersection of strokes and may pose a difficulty to forensic document examiners in analyzing cases related to such documents. Keeping in mind the limited research work done on nonintersecting strokes, the present study has been conducted with an aim to determine the sequence of nonintersecting strokes of gel pens and laser printers. Three hundred samples of nonintersecting strokes of gel pen ink and laser printing were prepared. Of these 300, 150 had laser-printed text below the gel pen strokes and the remaining 150 were prepared with gel pen stokes below the laser-printed text. The samples have been analyzed using Nikon SMZ 800N stereomicroscope. Three micro-conformation features, that is, pattern of toner distribution, ink distribution, and fiber distribution have been observed in the samples. The results demonstrate the successful establishment of sequence of nonintersecting strokes in case of gel pen and laser-printed documents by the determination of micro-conformation features.     

Initial Study for the Determination of the Sequence of Intersecting Lines between Gel Pens and Seals by Optical Coherence Tomography*

Determining the sequence of intersecting lines is a significant issue in the forensic document examination that can reveal the fraud or distinguish between different allegations. Optical coherence tomography (OCT) is a high-resolution cross-sectional imaging technique that has been introduced into forensic science field recently. The potential of OCT as a novel method to determine the sequence of intersecting lines was examined for the first time. In this study, a spectral-domain OCT system with a center wavelength of 900 nm was employed to perform nondestructive examination on determining the sequence of 18 heterogeneous intersecting line samples produced using three types of gel pens and three brands of stamp pad ink seals. Two-dimensional (2D) cross-sectional, and three-dimensional (3D) volumetric images of the intersecting lines were obtained by the OCT system. Several features were noted and analyzed to successfully determine the sequence of all the 18 samples. Blind tests were also conducted to demonstrate the effectiveness of OCT technique. The results illustrate that OCT technology can provide an effective and accurate method for sequencing intersecting lines of gel pen ink and seal ink, which may complement the conventional methods used in the examination of questioned documents.     

妨害疫情防控行为的刑法适用之体系解释

国家司法机关制定发布的妨害疫情防控刑事司法意见是一种刑法适用性解释,与规范性司法解释相比,其具有间接的法律适用效力。从刑法体系解释角度看,有关妨害疫情防控的刑法规范、司法解释与司法意见应当是相互协调的。对刑事司法意见的适用进行解释应当遵循整体性、动态性、协调性原则,并运用同类解释规则、同一解释规则、排他解释规则,对以危险方法危害公共安全罪、妨害传染病防治罪、妨害公务罪等相关罪名进行适用性解释,实现严格依法从重处罚和宽严相济。     

我国证券保荐制度的外部制约与完善

我国证券发行机制正处于由发行审核制向注册制过渡的阶段,现阶段的保荐制度既受到发行制度转轨进程的外部制约,又能有效推动这一进程.在发行制度转轨过程中,为了最大限度地发挥保荐制度的功效,除需转变监管理念和改革发行审核方式等制度外,还应当进一步完善保荐制度本身的各项具体制度,包括强化保荐人市场监管,平衡保荐人权利、义务与责任,加强行业自律监管等.     

论刑事侦查中伪造视听资料的审查判断

我国修订后的刑事诉讼法首次将视听资料作为一种独立的证据形式予以规定。在司法实践中,因其所反映的内容客观准确、直观形象而备受司法机关青睐。但与此同时,其在形成过程中受部分犯罪行为人主观上不良因素的影响,往往会出现伪造的问题。因此,侦查机关在利用其查明、认定案件事实之前,须依客观性、合法性和关联性标准,运用视听辨别、技术检验、审查来源等科学方法进行审查判断,以确定所收集视听资料的真伪性质。     

完善手印显现工作的几点思考

手印显现是现场勘查的重要组成部分,而手印显现中每一步操作都具有一定的风险性,都将直接影响到手印的证据价值。因此,在手印显现过程中,要注重每一种显现方法的互补性、针对性,全面研究制约手印显现的各种因素,合理地使用各种光源,进一步提高现场手印显现的成功率。     

刍议计算机辅助笔迹检验系统运用中的综合评断

随着计算机技术的不断发展,计算机技术在笔迹检验中得到广泛运用。但是,在尚未实现计算机“自动化”进行笔迹检验之前,综合评断仍然在计算机辅助笔迹检验系统运用中起着重要的不可忽视的作用。