Judicial Identification Research Articles

A headspace injection double-column dual-detector gas chromatography system for the analysis of 12 volatile compounds such as ethanol in human blood

Based on the technical methods of GB/T 42430-2023 and GA/T 204-2019, this study established an analytical method for headspace injection double-column dual-detector (hydrogen flame ion detector) gas chromatography for the simultaneous analysis of at least 12 volatile compounds, including ethanol, in human blood using two different equipment platforms and chromatographic columns. A 100 μL blood or urine sample and a 0.04 g/L tert-butanol working solution prepared as an internal standard are introduced into the headspace sample bottle and then sealed, mixed, and placed on the headspace sampler rack. Using different equipment platforms and columns, methodological parameters such as the limit of detection (LOD), limit of quantification (LOQ), precision, and accuracy of the method were systematically evaluated. The chromatographic separation of acetone, alcohols and benzenes using the established method was satisfactory. The linear ranges, linear correlation coefficients (r), and LODs of acetone and six alcohols, including ethanol, were 0.10-3.00 g/L, >0.997, and 0.05 g/L, respectively. The LOQs were 0.10 g/L for all other compounds, excluding n-propanol (0.005 g/L). Additionally, the linear ranges, r values, LODs, and LOQs of benzene and four benzene derivatives were 0.05-50 mg/L, >0.995, 0.02 mg/L, and 0.05 mg/L, respectively (Column J&W DB-BAC1 UI and Column Rtx-BAC-PLUS 2). The average recoveries of compounds on J&W DB-BAC1 UI and Rtx-BAC-PLUS 2 columns ranged from 92.2% to 111.6%, and the relative standard deviations (RSDs, n=6) ranged from 0.4% to 7.4%. The LOD, LOQ, precision, accuracy, and linearity of the established method met the requirements of relevant standards, and no significant differences arose between the methodological parameters of the two platforms. CNAS-GL006 (2019) and JJF 1059.1-2012 were used as guides to evaluate the uncertainty of ethanol on two different sets of equipment platforms and chromatographic columns. The ethanol uncertainty was mainly derived from the calibration curve; however, the confidence probability was 95% (k=2). According to the analysis of the verification samples and real samples, the established method is suitable for the high-precision quantitative analysis of acetone and six alcohols and five benzene derivatives in human blood and other body fluids. It can be used in practical scenarios such as judicial identification and the detection of poisons.

Heatstroke death identification using ATR-FTIR spectroscopy combined with a novel multi-organ machine learning approach

With global warming, the number of deaths due to heatstroke has drastically increased. Nevertheless, there are still difficulties with the forensic assessment of heatstroke deaths, including the absence of particular organ pathological abnormalities and obvious traces of artificial subjective assessment. Thus, determining the cause of death for heatstroke has become a challenging task in forensic practice. In this study, hematoxylin-eosin (HE) staining, attenuated total reflection-Fourier transform infrared spectroscopy (ATR-FTIR), and machine learning algorithms were utilized to screen the target organs of heatstroke and generate a multi-organ combination identification model of the cause of death. The hypothalamus (HY), hippocampus (HI), lung, and spleen are thought to be the target organs among the ten organs in relation to heatstroke death. Subsequently, the single-organ and multi-organ combined models were established, and it was found that the multi-organ combined approach yielded the most precise model, with a cross-validation accuracy of 1 and a test-set accuracy of 0.95. Additionally, the primary absorption peaks in the spectrum that differentiate heatstroke from other common causes of death are found in Amide I, Amide II, δ CH2, and vas PO2− in HI, δ CH2, vs PO2−, v C-O, and vs C-N+-C in HY, Amide I, δ CH2, vs COO−, and Amide III in lung, Amide I and Amide II in spleen, respectively. Overall, this research offers a novel technical approach for determining the heatstroke death as well as crucial evidence for judicial identification.

Enantioselective Construction of Anthracenylidene-Based Axial Chirality by Asymmetric Heck Reaction.

Anthracenylidene is an intriguing structural unit with potential in various fields. The study presents a novel approach to introducing axial chirality into this all-carbon core skeleton through a remotely controlled desymmetrization strategy. A palladium-catalyzed enantioselective Heck arylation of exocyclic double bond of anthracene with two distinct substituents at the C10 position is harnessed to realize such a transformation. The judicious identification of the P-centrally chiral ligand is pivotal to ensure the competitive competence in reactivity and stereocontrol when the heteroatom handle is absent from the anthracenylidene skeleton. Both C10 mono- and disubstituted substrates were compatible for the established catalytic system, and structurally diverse anthracenylidene-based frameworks were forged with good-to-high enantiocontrol. The subsequent derivatization of the obtained products yielded a valuable array of centrally and axially chiral molecules, thus emphasizing the practicality of this chemistry. DFT calculations shed light on the catalytic mechanism and provided insights into the origin of the experimentally observed enantioselectivity for this reaction.

Effective Distribution of Gold Nanorods in Ordered Thick Mesoporous Silica: A Choice of Noninvasive Theranostics.

Porous silica coated gold nanorod core-shell structures demonstrate a multifunctional role in bioimaging, drug delivery, and cancer therapeutics applications. Here, we address a new approach for effective distribution of gold nanorods (GNRs) in a mesoporous silica (MS) shell, viz., one nanorod in one silica particle (GMS). We have studied that silica coating presents major advantages for the better biocompatibility and stability of GNRs. In this study, two different thicknesses of silica shell over GNRs have been discussed as per the application's need; GNRs in thin silica (11 nm) are fit for phototherapy and bioimaging, whereas thick and porous silica (51 nm) coated gold nanorods are suitable for triggered drug delivery and theranostics. However, effective distribution of GNRs in ordered architecture of thick mesoporous silica (MS, more than 50 nm thickness) with high surface area (more than 1000 m2/g) is not well understood so far. Here, we present methodical investigations for uniform and highly ordered mesoporous silica coating over GNRs with tunable thickness (6 to 51 nm). Judicious identification and optimization of different reaction parameters like concentrations of silica precursor (TEOS, 1.85-43.9 mM), template (CTAB, 0.9-5.7 mM), effect of temperature, pH (8.6-10.8), stirring speed (100-400 rpm), and, most importantly, the mode of addition of TEOS with GNRs have been discussed. Studies with thick, porous silica coated GNRs simplify the highest ever reported surface area (1100 m2/g) and cargo capacity (57%) with better product yield (g/batch). First and foremost, we report a highly scalable (more than 500 mL) and rapid direct deposition of an ordered MS shell around GNRs. These engineered core-shell nanoparticles demonstrate X-ray contrast property, synergistic photothermal-chemotherapeutics, and imaging of tumor cell (96% cell death) due to released fluorescent anticancer drug molecules and photothermal effect (52 °C) of embedded GNRs. A deeper insight into their influence on the architectural features and superior theranostics performances has been illustrated in detail. Hence, these findings indicate the potential impact of individual GMS for image guided combination therapeutics of cancer.

FOLLOWING THE SCIENTIFIC FOOTPRINTS (GLORIOUS PAGES OF THE LIFE PATH) OF THE OUTSTANDING CRIMINOLOGIST AND FORENSIC EXPERT, ACADEMICIAN MYKHAILO YA. SEHAI

Mykhailo Ya. Sehai was born on March 31, 1923. He fought in World War II against fascist aggression and was awarded orders and many medals. After demobilization, he worked for many years at the Kyiv Scientific Research Institute of Forensic Expertise of the Ministry of Justice of Ukraine, including 20 years as Deputy Director for Research. He went from junior researcher to acting director of the institute. He practised as a forensic expert and conducted scientific research. After retiring, he worked at the Kyiv Regional Center of the National Academy of Legal Sciences of Ukraine. He died at the age of 90 on May 01, 2013. He defended his thesis for the degree of candidate of legal sciences on the use of forensic identification in certain types of forensic examinations. Mykhailo Sehai defends his dissertation for the degree of Doctor of Laws already on the methodology of judicial identification, substantiating it from the standpoint of philosophy. In the next large-scale work, Mykhailo Sehai addresses issues not only of forensic identification but also diagnostic and situational expert tasks. Subsequently, Mykhailo Sehai takes part in the creation of the world’s first law on forensic examination, which combines the rights and obligations of a forensic expert in various types of legal proceedings. Thus, the foundation is laid for the creation of the profession of a forensic expert. Mykhailo Sehai develops the foundations of forensic expertology as a science of forensic activities, including the legal and organizational foundations of this activity, and also generalizes the methodology as part of forensic expertology to three interdisciplinary exercises. The article mentions the teacher of Mykhailo Sehai and the continuation of his work. At the end of the article, it is concluded that Doctor of Law, Professor, and Academician of the National Academy of Legal Sciences of Ukraine Mykhailo Sehai has been following the path of generalizing previous experience throughout his scientific life, from considering a separate issue to systematizing it and systematizing the views from which this issue is being studied. Thus, briefly, this path can be characterized as follows: from the particular to the general. Mykhailo Sehai has made an invaluable contribution to the development of forensic science and forensic science.

Analysis of the characteristics and risk factors affecting the judgment results of medical damage liability disputes in 3172 second-instance and retrial cases in China

BackgroundMedical disputes remain a global public health problem. However, an analysis of the characteristics and risk factors affecting the judgment results of medical damage liability disputes in second-instance and retrial cases in China has yet to be conducted.MethodsWe conducted a systematic search and evaluation of second-instance and retrial cases among all medical damage liability disputes in China Judgments Online; SPSS 22.0 was used for the statistical analysis. A χ2 test or likelihood ratio Chi-square test was used to compare differences between groups, and multivariate logistic regression analysis was performed to determine independent risk factors that could affect the judgment results of medical disputes.ResultsWe included 3172 second-instance and retrial cases among all medical damage liability disputes in the analysis. The results showed that 48.04% of cases were unilateral appeals by the patient, and medical institutions were responsible for providing compensation in 80.64% of these cases. Cases involving compensation ranged from Chinese Yuan (CNY) 100 000 to 500 000 ranked first (40.95%); 21.66% were non-compensation cases. Cases involving mental damage compensation of less than CNY 20 000 accounted for 39.03%. Violations of medical treatment and nursing routines accounted for 64.25% of all cases. In addition, re-identification in 54.59% of cases changed the initial appraisal opinion. Independent risk factors for medical personnel to lose a lawsuit in a multivariate logistic regression model included appeal originator [patient side: OR = 18.809 (95% CI 11.854–29.845); both sides: OR = 22.168 (95% CI 12.249–40.117)], change of the original verdict (OR = 5.936, 95% CI 3.875–9.095), judicial identification (OR = 6.395, 95% CI 4.818–8.487), violations of medical treatment and nursing routines (OR = 8.783, 95% CI 6.658–11.588), and non-standard medical document writing (OR = 8.500, 95% CI 4.805–15.037).ConclusionOur study clarifies the characteristics of second-instance and retrial cases among all medical damage liability disputes in China from multiple perspectives and identifies the independent risk factors for medical personnel losing a lawsuit. This study could help medical institutions prevent and reduce medical disputes, at the same time, it could be helpful for medical institutions to provide better medical treatment and nursing services for patients.

Factors Affecting the Diffusion of Printing Ink (Mud)

At present, with the growing demand for document production time identification at home and abroad, a large number of acts of forgery of document production time have emerged in the judicial identification activities, which has brought great challenges to the document judicial identification work and judicial trial. In order to meet this challenge, ensure the accuracy of document production time inspection results, and solve the problem of the time for the formation of seal, fingerprint and impression on documents. The author uses direct contact between ink (mud) and paper, the diffusion area, shape and overall speed of ink (mud) molecules were observed under the fluorescence with wavelength of 645-695nm. Combined with the factors affecting the diffusion change of ink (mud) molecules, the relative formation time of stamped seal, fingerprint and imprint on paper was judged by the diffusion area and overall speed of oil marks, and the differences were distinguished by the diffusion shape and physical and chemical analysis. (slurries). The analysis results not only help us understand the various factors that affect the diffusion form and speed of ink (mud), but also solve the relative formation time of stamped and imprinted fingerprints and imprints on paper, distinguish the diffusion form and type of different seal imprints, and distinguish the composition of ink.

Research on Copyright Protection of Film and TV Series in the Era of Short Video Deluge in China

Film and television works refer to audio files with or without words and video files that can be recorded, which also enjoy copyright. In this era of short video fast food, movies and TV series have become the benchmark in the cultural field with their mature scripts, careful shooting and large investment of funds and personnel. The copyright protection of movies and TV series is the foundation for the long-term development of China’s film and television industry, and has a great impact on the development of China’s cultural industry. With film and television dramas becoming increasingly popular subjects for short-form video creation on the Internet, short-form video users and film and television drama creators have formed a fierce collision of rights. However, in practice, the copyright protection of film and television series is faced with such problems as high creation costs and low transport costs, high difficulty and high cost for platforms to identify infringing videos, and no clear standards for judicial identification of infringement issues. Therefore, based on the concept of the haven principle and the principle of proportion, this paper uses the method of empirical research to analyze the current situation of film and television play copyright protection in our country by combining the Copyright Law and the short video infringement case of the popular the film “Nagatsuko”. Specifically, this includes legislation to clarify the limits and scope of judicial determination, refine the legal responsibilities of the three main parties, establish a legal risk prevention and control mechanism, and establish a benefit sharing mechanism between creators and short video users, thus promoting coordinated coexistence and win-win cooperation between users of short online videos and creators of TV dramas.

China’s Infringement of Trade Secrets in the Aggravating Circumstances Proof Ideas

The perpetrator of the infringement of trade secrets to the right of the trade secrets caused by the seriousness of the circumstances is one of the elements of the crime of infringement of trade secrets, seriousness of the circumstances is also considered to be an important judgment of the crime of infringement of trade secrets and non-crime the basis. In this paper, through the crime of infringement of trade secrets for empirical research, the infringement of trade secrets in the judicial application of the widely concerned about the value of the determination of trade secrets, seriousness of the calculation method, the judicial identification of trade secrets and other issues to discuss.

EHRChain: A Blockchain-Based EHR System Using Attribute-Based and Homomorphic Cryptosystem

There is an urgent need to solve the problems of secure storage, reliable sharing, access control and privacy protection in medical industry. In this paper, we propose EHRChain, a blockchain-based EHR system using attribute-based and homomorphic cryptosystem to solve the above problems. First, we design a medical record storage scheme to realize secure high capacity medical data storage and reliable sharing based on blockchain technology and IPFS. Second, we propose an improved cryptographic primitive called SHDPCPC-CP-ABE. Our SHDPCPC-CP-ABE realizes the functions of semi-policy hiding and dynamic permission changing based on partial ciphertext simultaneously. Furthermore, our program achieves the neutrality of the subject of judicial identification in medical disputes and fine-grained access control of medical data. Third, our system applies an additive homomorphic cryptosystem, Paillier cryptosystem with optimized parameters on patients’ privacy protection during the process of the medical insurance claim. After analysis and experiment, we have proved that the SHDPCPC-CP-ABE is indistinguishable under chosen plaintext attack and takes one third of the time of CP-ABE when changing access policy. Our system has higher performance than other EHR systems based on blockchain.

Parentage analysis using genome-wide high-density SNP microarray.

Parentage analysis is a technology that uses genetic methods to verify or exclude relationships between individuals. STR technology is often used in parentage analysis. We received three sets of samples from three families. Each set of samples consisted of a male individual and a female individual. Their test requirements were meant to determine whether they were a paternity relationship, a sibling relationship, or grandparent-grandchild relationship. However, only one STR locus mismatch was detected in each group. Other family members to assist in testing could not be identified; therefore, other methods were needed to assist in judgment. Using high-density SNP microarrays, we analyzed the feasibility of its application in paternity analysis. A total of 180 samples were tested, including 100 unrelated samples, and 74 samples from 30 families, and six samples from three families. The data were analyzed, grouped according to the chromosome of SNP, and the mismatching rate was counted. The total mismatching rate of SNP in unrelated individuals was 8-10 times higher than that of parent-child individuals. Individuals with a total mismatch rate of more than 5.3% were defined as individuals with no kinship, and the individuals with a total mismatch rate of less than 0.6% were defined as the individuals with a parent-child relationship. Through the use of high-density gene chips for analysis, we also completed an auxiliary analysis of the kinship of the three families. The gene chip is a better method for auxiliary analysis of the kinship between individuals.

Supramolecular Solvent Extraction-Gas Chromatography-Tandem Mass Spectrometry for Detection of Benzodiazepines in Urines.

Objective To establish a method using supramolecular solvent and gas chromatography-tandem mass spectrometry （GC-MS/MS） to analyze 9 benzodiazepines in urines. Methods Urine samples containing 9 benzodiazepines reference substance were subjected to liquid-liquid extractions with supramolecular solvent, which consisted of tetrahydrofuran and 1-hexanol. The solvent layer was evaporated to dryness by stream of nitrogen. The residue was reconstituted with methanol, and GC-MS/MS analysis was performed on it. The way of data collection was multiple reaction monitoring （MRM） mode; internal standard method was employed for quantification. Results In urine samples, when the range of mass concentration was 1-100 ng/mL for diazepam, midazolam, flunitrazepam and clozapine, 5-100 ng/mL for lorazepam and alprazolam, 2-100 ng/mL for nitrazepam and clonazepam, and 0.2-100 ng/mL for estazolam, respectively, good linearities were obtained, correlation coefficients were 0.999 1-0.999 9, the lower limits of the quantifications ranged from 0.2 to 5 ng/mL, the extraction recovery rates were 81.12%-99.52%. The intra-day precision ［relative standard deviation （RSD）］ and accuracy （bias） were lower than 9.86% and 9.51%, respectively; the inter-day precision （RSD） and accuracy （bias） were lower than 8.74% and 9.98%, respectively. Nine drugs in urine samples showed good stability at ambient temperature and -20 ℃ within 15 days. The mass concentrations of alprazolam in urine samples obtained from 8 volunteers who took alprazolam tablets orally within 8-72 h after ingestions ranged from 6.54 to 88.28 ng/mL. Conclusion The supramolecular solvent extraction GC-MS/MS method for analysis of 9 benzodiazepines in urines provided by this study is simple, fast, accurate and sensitive, which can provide technical support for monitoring of poisoning by benzodiazepines for clinical treatment and judicial identification.

A restricted view on the identification of litigation cases of traditional Chinese medicine in the Republic of China: a case study of Yan Yulin

Medical appraisal is one of the important means to determine whether there are faults in medical behavior and to deal with medical disputes. The issue of whether the medical lawsuit of traditional Chinese medicine should be submitted to traditional Chinese medicine, western medicine or forensic identification began to be debated since the Republic of China. With the efforts of the traditional Chinese medicine community, the Prescription Appraisal Committee of the National Medical Center of the Republic of China was established, which obtained the peer appraisal right for the lawsuit of traditional Chinese medicine. This paper takes the case of Yan Yulin's negligence causing death, which was sent by Shandong High Court to the National Medical Center in 1937, as an example, to explore the general situation of the identification system of the traditional Chinese medicine litigation in the period of the Republic of China, in order to provide reference for the establishment of the judicial identification system of medical damage in traditional Chinese medicine.

Research on Use of Big Data Influence Management of Judicial Identification

Research on Use of Big Data Influence Management of Judicial Identification

Convencionalismo jurídico e inteligibilidad del Derecho. El uso como espejo de las fuentes sociales en la teoría jurídica de Andrei Marmor

El debate acerca de la relación entre el derecho y otros órdenes axiológicos se ha focalizado, en términos generales, en la justificación de la obligatoriedad del derecho. En este trabajo abordamos este debate genérico desde la perspectiva alternativa de la inteligibilidad de las fuentes del derecho y la objetividad de la identificación judicial de las acciones productoras/modificatorias/extintoras del derecho. En esta línea, afirmamos la tesis de que la inteligibilidad de las fuentes sociales supone su conexión necesaria, no a un orden normativo previo —de principios y reglas deónticas—, sino a un orden antropológico y axiológico previo y, más precisamente, a una tipología dada —no convencional— de acciones intencionales.

A comparative analysis of the discrimination conclusions for medical litigation cases of a hospital

Objective To compare the differences found between the proportion of responsibility between in-house experts of the hospital and that of judicial appraisals for 52 cases of medical disputes of a hospital in recent years. Methods A total of 52 cases of disputes were selected, which were evaluated by the in-house experts screening meeting at a tertiary hospital in Beijing from 2015 to 2018.According to the causes of these disputes, these cases were divided into seven categories, calculating respectively the mean value of the proportion of judicial appraisal responsibility and that of in-house experts for all cases of the same category.The paired t test was used to compare the consistency of the above two methods. Results The overall level of judicial appraisal responsibility(35.00%)was significantly higher than the in-house expert screening(20.96%). Among them, the cases of improper selection of treatment plan, improper operation of surgery or insufficient evaluation of surgical difficulty risk, and medical disputes caused by complications, the degree of responsibility of the judicial appraisal institutions was quite different from that of in-house experts of the hospital. Conclusions Because the judicial appraisal agencies have certain difficulties in the identification of complex medical technology problems, it is recommended to establish a library of judicial appraisal experts as soon as possible to encourage the experts to participate in the trial of disputes. Key words: Medical disputes; Medical litigation; Judicial identification; Responsibility screening; Comparison

Meaning construction and judicial identification: Difficulties and countermeasures of criminal regulation of illegal fundraising behavior on online P2P lending platforms

Abstract At present, there exist several difficulties in the criminal regulation of illegal fundraising activities on China’s P2P platforms, such as discovering, identifying, tracking, and preventing. To solve these difficulties in the criminal regulations, this study applies the problem-oriented approach to evaluate the meaning constructions of illegal fundraising behavior on online P2P lending platforms in the corresponding judicial identifications, that is, judicial regulations and interpretations. After analyzing the judicial documents of 192 criminal cases in China, this study finds that it is necessary to actively draw on successful extra-territorial experience, and further establish a reasonable balance between maintaining financial security and promoting financial innovation. Specifically, the judiciary could adjust the current single loose criminal policy into one that combines leniency with rigidity, perfect the criminal law and its interpretation system of illegal fundraising behavior on P2P platforms, strengthen the connection mechanism of punishment and execution, explore the specialized case-handling mechanism, and implement a case guidance system.

Application of Virtual Disposal Cost Method in Judicial Identification of Surface Water Pollution in China

Virtual disposal cost is a method for estimating the appropriate amount of compensation for environment damage from pollutants. China has not yet formed a complete legal system of civil compensation for environment pollution. Taking the surface water environmental damage incident of sewage treatment plant as a case, we analyze the virtual disposal cost method and the provision of reference data for sewage treatment plant. It will simplify the assessment process for surface water environmental damage and greatly improve the efficiency of environmental justice and environmental damage compensation.

Vena Cava Filter Use in Trauma and Rates of Pulmonary Embolism, 2003-2015.

Despite a precipitous decline of vena cava filter (VCF) use in trauma, pulmonary embolism (PE) rates remained unchanged during this period. Considering this association, VCFs may have limited utility in influencing rates of PE. More judicious identification of at-risk patients is warranted to determine individuals who would most benefit from a VCF.

腹部手术后出现智力受损的医疗纠纷司法鉴定

腹部手术后出现智力受损的医疗纠纷司法鉴定