An enhancement method of rapid lifetime determination is proposed for time-resolved fluorescence imaging to discriminate substances with approximate fluorescence lifetime in forensic examination. In the method, an ima...An enhancement method of rapid lifetime determination is proposed for time-resolved fluorescence imaging to discriminate substances with approximate fluorescence lifetime in forensic examination. In the method, an image-exclusive-OR treatment with filter threshold adaptively chosen is presented to extract the region of interest from dual-gated fluorescence intensity images, and then the fluorescence lifetime image is reconstructed based on the rapid lifetime determination algorithm. Furthermore, a maximum and minimum threshold filtering is developed to automatically realize visualization enhancement of the lifetime image. In proof experiments, compared with traditional fluorescence intensity imaging and rapid lifetime determination method, the proposed method automatically distinguishes altered and obliterated documents written by two brands of highlighters with the same color and close fluorescence lifetime.展开更多
Forensic examination plays an important role in China's judicial system,especially in the fact-finding process of both civil and criminal proceedings.Since 2005,this system has experienced gradual,yet significant ...Forensic examination plays an important role in China's judicial system,especially in the fact-finding process of both civil and criminal proceedings.Since 2005,this system has experienced gradual,yet significant changes.This paper seeks to examine the major themes of these changes in the context of the continued conceptual reformulation and structural realignment of civil and criminal procedures and the ongoing effort to codify evidence law with transforming impact on China's judicial system and culture.Emphasis is given to the transition of the forensic examination system from an officially(both administrative and judicial)administered fact-finding mechanism with powerful impact on the courts'truth-seeking activities to,at least partially,an expert witness system with significant participation and control by the parties5 to judicial proceedings.A convergence of influence from both the continental inquisitorial tradition and the common law adversarial structure appears to have strongly informed the process and direction of the Chinese forensic examination reform.This paper attempts to explain the reasons for this convergence of influence,identify the trend and direction of this development,and provide observations and suggestions for further improvement of the forensic examination system in several key aspects with particular reference to the legal principles and judicial practices under the Federal Rules of Evidence of the United States.展开更多
Expertise gains increasing acceptance and importance at trials in China.Currently,the forensic examination quality management system of China has been preliminarily established.There are problems,however,for example,l...Expertise gains increasing acceptance and importance at trials in China.Currently,the forensic examination quality management system of China has been preliminarily established.There are problems,however,for example,laws and regulations related with forensic examination are not comprehensive,forensic institutes pursue their own economic profits excessively and judges sometime have undue blind faith in scientific evidence in fact-finding.These are hindering forensic examination from being put into full play duly.In 2005,the Decision of the Standing Committee of the National People's Congress on the Administration ofForensic Examination strengthened the neutrality of forensic institutes.The Criminal Procedure Law and the Civil Procedure Law revised in 2012 initially set up the expert assistant system,which is expected to break the excessively credulous but unjustified belief in scientific evidence and solve pertinent problems.We need to focus on the following aspects:First and foremost developing a unified set of rules on forensic examination;secondly,judges need to strengthen their own ability to review scientific evidence and determine its reliability;thirdly,we should actively promote fundamental legal education refonn to remedy the insufficiency of legal understanding of forensic science;and finally,the existing expert assistant system must be further improved to help judges and litigants efiectively to identify and use expertise.展开更多
With the revision of the Criminal Procedural Law of the PRC and the Civil Procedural Law of the PRC in 2012,it has entered a new historical stage of litigation system and made significant progress in forensic examinat...With the revision of the Criminal Procedural Law of the PRC and the Civil Procedural Law of the PRC in 2012,it has entered a new historical stage of litigation system and made significant progress in forensic examination system in China.However,for a long time,the illegal forensic examinations have been commonly seen in forensic practice,the right to start the forensic examination process only lies with public security and judicial authorities,while the parties only have the limited right to apply for supplementary forensic examination or re‑examination.To the problem of experts’refusal to appear in court to testify,the Criminal Procedural Law and the Civil Procedural Law have further improved the expert testimony system,but the situation has not fundamentally changed.To compensate for judges’lack of knowledge of professional issues,the expert advisor system is introduced,but there are no workable rules.Besides,judges depend too much on and accept the expert opinions blindly become a common phenomenon in the proceedings.展开更多
In China,two administrative regulations and judicial interpretations related to forensic examinations of medical damage were issued from March 2017 to June 2018.In chronological order,they were interpretation of the s...In China,two administrative regulations and judicial interpretations related to forensic examinations of medical damage were issued from March 2017 to June 2018.In chronological order,they were interpretation of the supreme people’s court on several questions concerning the application of law in the trial of disputes over liability for medical damage and regulations on the prevention and handling of medical disputes.Those two laws,especially the regulation,have had a fundamental impact on the pattern of forensic examinations on medical damage.This paper systematically reviews the current status and existing problems with forensic examinations on medical damage following implementation of the law of tort liability;it discusses new concepts of procedures,institutional arrangements,and the selection of examiners for forensic examinations on medical damage.We believe that through the regulation,the dualistic confrontation status of forensic examinations on medical damage will gradually change toward integration.We consider that forensic examinations of medical damage will face three challenges in the future:(1)enhancing the establishment of standards;(2)undertaking theoretical research into forensic examinations onmedical damage;and(3)promoting the development ofinterdisciplinary identification specialistsmajoring in both medicine and law.Only in this way will it be possible to rectify the current dilemma with forensic examinations on medical damage in China.展开更多
In 2017,the Republic of Kazakhstan began the phased transition of its alphabet from Cyrillic to Latin script.This transition has presented significant challenges to Kazakhstani document examiners,who have yet to devel...In 2017,the Republic of Kazakhstan began the phased transition of its alphabet from Cyrillic to Latin script.This transition has presented significant challenges to Kazakhstani document examiners,who have yet to develop appropriate methodologies for the analysis of handwriting samples written in the Kazakh language using Latin letters.This study aims to identify distinguishing macro and micro features of letters within Kazakh writing samples produced using the Latin alphabet and determine their frequencies of occurrence and discriminating power indices.Micro features were examined using the four most frequently appearing letters:“a”,“y”,“e”and“n”.A comparative analysis of tested Latin letters with those of a similar configuration in Cyrillic demonstrated differences in the number of distinguishing features,as well as in the frequency of occurrence and discriminating power indices of similar features.These results show that separate statistical bases should be used for Latin and Cyrillic letters when analysing handwriting samples based on the frequencies of occurrence of micro and macro writing features.展开更多
This article starts from the point of view that handwriting examination is dependent on empiricism and by analyzing the core steps ofhandwriting identification explains that it might be influenced by subjective bias.I...This article starts from the point of view that handwriting examination is dependent on empiricism and by analyzing the core steps ofhandwriting identification explains that it might be influenced by subjective bias.In practice,examiners cannot avoid biases in decision-making;instead,we must accept the existence of subjective bias in handwriting identification and then discuss its impact;for instance,feature selection in the process of comprehensive evaluation,which involves a comparison of the number and quality of similarities and differences between a questioned sample and the references.While we conclude that comprehensive evaluation is the most important step in the identification process,industries in China do not stipulate explicit and transparent criteria for it,making it hard to numerically quantify the characteristics ofhandwriting identification.In this article,forensic examiners5 opinions on handwriting identification were obtained through a survey.One finding was that most handwriting examiners believe that handwriting identification is subject to subjective bias.In addition,they believe that the subjective cognition of handwriting identification can somehow help actively produce the correct opinion;before the examination,most handwriting examiners think that they should understand the context and so on.Finally,through the questionnaire,which contained variations such as the same case with different background information,different cases with the same background information,and the same case with or without context,it was concluded that handwriting identification does have certain subjectivity.However,which kind of factors influence this subjectivity is not presently clear.Furthermore,it is difficult to control uncertainties when fbnnmg an opinion on identification.An alternative way is to perform scrutiny after the formulation ofhandwritmg opinions;for example,internal and external reviews such as appearing in court.展开更多
基金supported by the National Natural Science Foundation of China (NSFC) (No. U1736101)the Youth Innovation Promotion Association CAS (No. 2017155)。
文摘An enhancement method of rapid lifetime determination is proposed for time-resolved fluorescence imaging to discriminate substances with approximate fluorescence lifetime in forensic examination. In the method, an image-exclusive-OR treatment with filter threshold adaptively chosen is presented to extract the region of interest from dual-gated fluorescence intensity images, and then the fluorescence lifetime image is reconstructed based on the rapid lifetime determination algorithm. Furthermore, a maximum and minimum threshold filtering is developed to automatically realize visualization enhancement of the lifetime image. In proof experiments, compared with traditional fluorescence intensity imaging and rapid lifetime determination method, the proposed method automatically distinguishes altered and obliterated documents written by two brands of highlighters with the same color and close fluorescence lifetime.
文摘Forensic examination plays an important role in China's judicial system,especially in the fact-finding process of both civil and criminal proceedings.Since 2005,this system has experienced gradual,yet significant changes.This paper seeks to examine the major themes of these changes in the context of the continued conceptual reformulation and structural realignment of civil and criminal procedures and the ongoing effort to codify evidence law with transforming impact on China's judicial system and culture.Emphasis is given to the transition of the forensic examination system from an officially(both administrative and judicial)administered fact-finding mechanism with powerful impact on the courts'truth-seeking activities to,at least partially,an expert witness system with significant participation and control by the parties5 to judicial proceedings.A convergence of influence from both the continental inquisitorial tradition and the common law adversarial structure appears to have strongly informed the process and direction of the Chinese forensic examination reform.This paper attempts to explain the reasons for this convergence of influence,identify the trend and direction of this development,and provide observations and suggestions for further improvement of the forensic examination system in several key aspects with particular reference to the legal principles and judicial practices under the Federal Rules of Evidence of the United States.
文摘Expertise gains increasing acceptance and importance at trials in China.Currently,the forensic examination quality management system of China has been preliminarily established.There are problems,however,for example,laws and regulations related with forensic examination are not comprehensive,forensic institutes pursue their own economic profits excessively and judges sometime have undue blind faith in scientific evidence in fact-finding.These are hindering forensic examination from being put into full play duly.In 2005,the Decision of the Standing Committee of the National People's Congress on the Administration ofForensic Examination strengthened the neutrality of forensic institutes.The Criminal Procedure Law and the Civil Procedure Law revised in 2012 initially set up the expert assistant system,which is expected to break the excessively credulous but unjustified belief in scientific evidence and solve pertinent problems.We need to focus on the following aspects:First and foremost developing a unified set of rules on forensic examination;secondly,judges need to strengthen their own ability to review scientific evidence and determine its reliability;thirdly,we should actively promote fundamental legal education refonn to remedy the insufficiency of legal understanding of forensic science;and finally,the existing expert assistant system must be further improved to help judges and litigants efiectively to identify and use expertise.
文摘With the revision of the Criminal Procedural Law of the PRC and the Civil Procedural Law of the PRC in 2012,it has entered a new historical stage of litigation system and made significant progress in forensic examination system in China.However,for a long time,the illegal forensic examinations have been commonly seen in forensic practice,the right to start the forensic examination process only lies with public security and judicial authorities,while the parties only have the limited right to apply for supplementary forensic examination or re‑examination.To the problem of experts’refusal to appear in court to testify,the Criminal Procedural Law and the Civil Procedural Law have further improved the expert testimony system,but the situation has not fundamentally changed.To compensate for judges’lack of knowledge of professional issues,the expert advisor system is introduced,but there are no workable rules.Besides,judges depend too much on and accept the expert opinions blindly become a common phenomenon in the proceedings.
基金This study was funded by the Humanities and Social Sciences Planning Project of Ministry of Education(No.18YJA820018,No.10YJA820105)Open Research Project of Shanghai Key Laboratory of on-site Material Evidence(2017XCWZK19).
文摘In China,two administrative regulations and judicial interpretations related to forensic examinations of medical damage were issued from March 2017 to June 2018.In chronological order,they were interpretation of the supreme people’s court on several questions concerning the application of law in the trial of disputes over liability for medical damage and regulations on the prevention and handling of medical disputes.Those two laws,especially the regulation,have had a fundamental impact on the pattern of forensic examinations on medical damage.This paper systematically reviews the current status and existing problems with forensic examinations on medical damage following implementation of the law of tort liability;it discusses new concepts of procedures,institutional arrangements,and the selection of examiners for forensic examinations on medical damage.We believe that through the regulation,the dualistic confrontation status of forensic examinations on medical damage will gradually change toward integration.We consider that forensic examinations of medical damage will face three challenges in the future:(1)enhancing the establishment of standards;(2)undertaking theoretical research into forensic examinations onmedical damage;and(3)promoting the development ofinterdisciplinary identification specialistsmajoring in both medicine and law.Only in this way will it be possible to rectify the current dilemma with forensic examinations on medical damage in China.
基金This work was funded by the Kazakhstan Centre for International Programmes through the Bolashaq International Scholarship Scheme.
文摘In 2017,the Republic of Kazakhstan began the phased transition of its alphabet from Cyrillic to Latin script.This transition has presented significant challenges to Kazakhstani document examiners,who have yet to develop appropriate methodologies for the analysis of handwriting samples written in the Kazakh language using Latin letters.This study aims to identify distinguishing macro and micro features of letters within Kazakh writing samples produced using the Latin alphabet and determine their frequencies of occurrence and discriminating power indices.Micro features were examined using the four most frequently appearing letters:“a”,“y”,“e”and“n”.A comparative analysis of tested Latin letters with those of a similar configuration in Cyrillic demonstrated differences in the number of distinguishing features,as well as in the frequency of occurrence and discriminating power indices of similar features.These results show that separate statistical bases should be used for Latin and Cyrillic letters when analysing handwriting samples based on the frequencies of occurrence of micro and macro writing features.
基金Youth Scientist Program of CUPL Science Research Project(2016),Grant No.16ZFQ82009.
文摘This article starts from the point of view that handwriting examination is dependent on empiricism and by analyzing the core steps ofhandwriting identification explains that it might be influenced by subjective bias.In practice,examiners cannot avoid biases in decision-making;instead,we must accept the existence of subjective bias in handwriting identification and then discuss its impact;for instance,feature selection in the process of comprehensive evaluation,which involves a comparison of the number and quality of similarities and differences between a questioned sample and the references.While we conclude that comprehensive evaluation is the most important step in the identification process,industries in China do not stipulate explicit and transparent criteria for it,making it hard to numerically quantify the characteristics ofhandwriting identification.In this article,forensic examiners5 opinions on handwriting identification were obtained through a survey.One finding was that most handwriting examiners believe that handwriting identification is subject to subjective bias.In addition,they believe that the subjective cognition of handwriting identification can somehow help actively produce the correct opinion;before the examination,most handwriting examiners think that they should understand the context and so on.Finally,through the questionnaire,which contained variations such as the same case with different background information,different cases with the same background information,and the same case with or without context,it was concluded that handwriting identification does have certain subjectivity.However,which kind of factors influence this subjectivity is not presently clear.Furthermore,it is difficult to control uncertainties when fbnnmg an opinion on identification.An alternative way is to perform scrutiny after the formulation ofhandwritmg opinions;for example,internal and external reviews such as appearing in court.