1. Causing physical injury, but not causing physical disability of the victim.
In this case, medical expenses and nursing expenses should be paid, and the income reduced due to missed work should be compensated.
The daily compensation for income reduction is calculated according to the average daily salary of employees in the previous year, and the maximum is five times the average annual salary of employees in the previous year;
2. Causing the victim to lose part or all of his ability to work.
In this case, in addition to medical expenses and nursing expenses, necessary expenses such as living AIDS and rehabilitation expenses, expenses necessary for continuing treatment, and disability compensation should also be paid.
Disability compensation is determined according to the degree of disability and the level of disability stipulated by the state, and the maximum is not more than 20 times of the average annual salary of employees in the previous year. If it causes complete loss of working ability, it shall also pay living expenses to the person who has lost working ability.
The payment standard of living expenses shall be implemented with reference to the local minimum living standard. If the dependant is a minor, the living expenses shall be paid to the age of eighteen; Other people who are unable to work shall be paid living expenses until their death.
3. It caused the death of the victim.
If the victim dies, he shall pay death compensation and funeral expenses, the total of which is 20 times of the average annual salary of employees in the previous year. Living expenses shall also be paid to those who were unable to work and were supported by the deceased before his death.
The payment standard of living expenses shall be implemented with reference to the local minimum living standard. If the dependant is a minor, the living expenses shall be paid to the age of eighteen; Other people who are unable to work shall be paid living expenses until their death.
According to Article 35 of the State Compensation Law, under certain circumstances, it is necessary to pay spiritual consolation money.
If an administrative organ and its staff infringe upon personal rights when exercising administrative functions and powers, and any of the following circumstances causes serious consequences, they shall pay corresponding spiritual consolation money:
A illegally detaining or illegally taking administrative compulsory measures that restrict citizens' personal freedom;
(two) illegal detention or other illegal deprivation of personal freedom of citizens;
C beating, maltreating or abetting or conniving others, causing bodily injury or death to citizens; Illegal use of weapons and police equipment causes physical injury or death to citizens; Other illegal acts that cause bodily injury or death to citizens.
Organs, detention houses, prison management organs and their staff who exercise the powers of investigation, prosecution and trial shall pay corresponding spiritual consolation money if they infringe upon personal rights and cause serious consequences when exercising their powers:
A. Take detention measures against citizens in violation of the provisions of the Criminal Procedure Law, or take detention measures against citizens in accordance with the conditions and procedures stipulated in the Criminal Procedure Law, but the detention time exceeds the time limit stipulated in the Criminal Procedure Law, and then decide to dismiss the case, not to prosecute, or terminate the investigation of criminal responsibility after being acquitted;
B. After taking arrest measures against citizens, they decide to dismiss the case, not to prosecute, or terminate the investigation of criminal responsibility after being acquitted;
C retrial and acquittal in accordance with the procedure of trial supervision, and the original judgment has been executed;
(4) extorting a confession by torture or causing bodily injury or death to a citizen by beating, maltreating, abetting or conniving at others;
E illegal use of weapons and police equipment causes bodily injury or death to citizens.
According to the provisions of Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Applicable Laws for Compensation for Mental Damage in the Trial of State Compensation Cases, it can be considered as "causing serious consequences" as stipulated in Article 35 of the State Compensation Law in any of the following circumstances: (1) The person who is innocent or whose criminal responsibility has been terminated has been detained for more than six months; (2) The victim is identified as slightly injured or disabled; (3) The victim is diagnosed and identified as mental disorder or mental disability, which is related to the tort; (four) the victim's reputation, honor, family, occupation, education and other aspects have been seriously damaged, and it is related to the infringement.
The victim has been detained for more than ten years without guilt; The victim died; The victim is identified as one to four serious injuries or disabilities, and cannot take care of himself; If the victim is diagnosed and identified as suffering from serious mental disorder or mental disability 1-2, unable to take care of himself, and related to the tort, the consequences can be considered to be particularly serious.
The amount of compensation for mental damage is generally not less than 1000 yuan; If the amount is more than 1000 yuan, it shall be calculated in thousands, generally not exceeding 50% of the total compensation for life and health (inclusive), and may exceed 50% of the total compensation for life and health under special circumstances.