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The Methods of Judicial Proof

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Methodology of Judicial Proof and Presumption

Part of the book series: Masterpieces of Contemporary Jurisprudents in China ((MCJC))

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Abstract

On 15th March 2002, Gao Yingying, an employee of Baoshi (Diamond) Hotel in Laohekou, Xiangfan City of Hubei Province, fell from the hotel building to death. Public Security Bureau of Laohekou conducted postmortem examination the next day and made the report. It is stated “Gao’s mouth, nose and right ear bled which demonstrates she died of skull bone fracture and severe traumatic brain injury; no significant injury was found from her skin; and severe craniocerebral and two-thigh injuries was characterized with high falling injury”. It concluded that Gao committed a suicide and died of craniocerebral injury caused by fall from the high building.

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Notes

  1. 1.

    See He (2009).

  2. 2.

    “Individualization is unique to forensic science; it refers to the demonstration that a particular sample is unique, even among members of the same class. It may also refer to the demonstration that a questioned piece of physical evidence and a similar known sample have a common origin.” De Forest et al. (1983, p. 7).

  3. 3.

    See He (1989).

  4. 4.

    “Identification is a process common to all the sciences and, in fact, to everyday life. It may be regarded as a classification scheme, in which items are assigned to categories containing like items, and given names.” De Forest et al. (1983, p. 6).

  5. 5.

    “The term identification as used here really means ‘individualization.’ Although in common usage people often say ‘identification of a suspect’ or ‘identification of a fingerprint,’ this is not strictly correct.” De Forest et al. (1983, p. 30).

  6. 6.

    De Forest et al. (1983, pp. 285–286).

  7. 7.

    See He (2008).

References

  • De Forest, Peter R., R.E. Gaensslen, and Henry C. Lee. 1983. Forensic Science: An Introduction to Criminalistics. New York: McGraw-Hill Book Company.

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  • He, Jiahong. 1989. Individualization: Myths of Criminal Investigation Methods, 90–107. Beijing: Renmin University of China Press.

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  • He, Jiahong. 2008. Study on Criminal Investigation: From Similarity to Individualization, 216–217. Beijing: China Legal Publishing House.

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  • He, Jiahong. 2009. The Fictitious Reality: Collection of Evidence Law Lectures, 69–72. Beijing: China Renmin Public Security University Press.

    Google Scholar 

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Correspondence to Jiahong He .

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He, J. (2018). The Methods of Judicial Proof. In: Methodology of Judicial Proof and Presumption. Masterpieces of Contemporary Jurisprudents in China. Springer, Singapore. https://doi.org/10.1007/978-981-10-8025-8_3

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  • DOI: https://doi.org/10.1007/978-981-10-8025-8_3

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  • Publisher Name: Springer, Singapore

  • Print ISBN: 978-981-10-8024-1

  • Online ISBN: 978-981-10-8025-8

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