1 range
This standard specifies the principles, methods, contents and classification of human injury assessment.
This standard is applicable to the cases of "intentionally hurting others' bodies", "causing serious injuries" and "including causing serious disabilities" as stipulated in the Criminal Law of People's Republic of China (PRC).
) and the Regulations of the People's Republic of China on Administrative Penalties for Public Security.
2 reference standard
The clauses contained in the following standards constitute the clauses of this standard by reference in this standard. At the time of publication of this standard, all versions shown are valid. All standards will be revised, and the latest version of the following standards should be cited when using this standard.
GB/T 15499- 1995 working day standard for accidental injury and loss.
Gb/t16180-1996 identification of the degree of disability caused by work-related injuries and occupational diseases.
GB 18667-2002 Disability Assessment of Injured Persons in Road Traffic Accidents
3 General rules
3. 1
According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC), the General Principles of the Civil Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC) and the Regulations of the People's Republic of China on Administrative Penalties for Public Security, applying the theories and techniques of medicine and forensic medicine, and combining with the practical experience of case investigation, on the basis of summing up and connecting the contents of the original Appraisal Standards for Serious Injuries, Minor Injuries and Minor Injuries. This standard is arranged according to the order of anatomical injury and functional injury of each part.
3.2
Human injury refers to the destruction of the integrity of the body structure or the difference or loss of functions (including physiological functions and psychological functions). The standard divides the degree of human injury into three categories: serious injury, minor injury and minor injury.
3.2. 1 Serious injury means that the person is physically disabled or disfigured; Loss of hearing, vision or other organ functions; Other injuries that are harmful to personal health.
3.2.2 Minor injury refers to moderate damage to human limbs or appearance; Hearing, vision or other organ dysfunction; Other injuries with moderate harm to personal health.
3.2.3 Minor injuries refer to minor injuries to human limbs or appearance; Hearing, vision or other organ functions are slightly or temporarily impaired; Other injuries that are slightly harmful to personal health.
3.3
According to the severity of the injury, it is divided into serious injury level 1, serious injury level 2 and serious injury level 3. Minor injury level 1, minor injury level 2 and minor injury level 3; Minor injury level 1, minor injury level 2, * * * level 8.
3.4 Assessment of Damage Degree
3.4. 1
We should follow the principle of seeking truth from facts, and insist on comprehensive analysis and evaluation based on the primary injury directly caused by injury factors and the complications or sequelae caused by injury.
3.4. 1. 1
If the evaluation is based on the primary injury and its complications, a comprehensive evaluation should be made on the basis of the injury at that time, supplemented by the consequences or outcomes of the injury.
3.4. 1.2
For those with external injuries or organs (brain, auditory devices, visual devices, etc. ) or limb function damage as the evaluation basis, the evaluation should be based on the consequences or outcomes of the injury, supplemented by the injury situation at that time, to conduct a comprehensive evaluation.
3.4.2 Injury coexists with previous injuries.
3.4.2. 1
For the coexistence of injury and previous injuries, we should comprehensively analyze the role of injury in leading to the existing consequences, and divide the role of injury in leading to the existing consequences into complete role, main role, equal role, secondary role, minor role and no role.
3.4.2.2
For symmetrical organs, healthy organs on one side of the limb coexist with unhealthy organs on the other side, and one healthy organ is damaged. When evaluating the degree of damage, it should be explained that the damage to human health is aggravated, and the damage degree is more serious than that of one healthy organ on both sides. When one non-healthy organ is damaged, when evaluating the damage degree, it should be explained that the damage to human health is aggravated, and the damage degree is relatively smaller than that of one side of the healthy organs on both sides; Bilateral organs are damaged at the same time, and the evaluation and explanation are made according to the above principles.
3.4.3 For two or more kinds of injuries (types), the degree of injuries should be evaluated respectively, and the aggravated impact on human health caused by them should be explained.
3.5 Assessment opportunity of damage degree
3.5. 1 shall be determined by referring to the specific provisions of this standard, depending on the different situations of the main basis of damage assessment and combining with judicial practice.
3.5.2 In principle, the primary injury should be evaluated within 3 months.
3.5.3
Anyone who takes physical injuries or organs (brain, auditory devices, visual devices, etc.). ) or limb function damage as the main assessment basis, and it is necessary to observe and detect the consequences or outcomes of the injury, generally within 3 to 6 months after the injury; Any difficult, complicated and uncertain injury degree can be carried out within 6 months after the end of treatment or after the state is stable.
3.5.4
In special cases, preliminary examination opinions (conclusions) can be made according to the primary injury and its complications, and the possible sequelae can be explained; When necessary, it can be re-examined when the damage degree is evaluated, and an appraisal conclusion can be made.
3.6 Qualification of appraisers
3.6. 1 The appraiser shall be a person with corresponding expertise in judicial expertise; Can also be appointed by the judicial organs, hire deputy chief physician or above.
3.7 Rights of appraisers
3.7. 1 Have the right to request the entrusting party to provide the information needed for the evaluation.
3.7.2 Have the right to know about the appraisal, consult the case files, medical records and explore the site.
3.7.3 Have the right to ask the parties questions related to appraisal.
3.7.4 Have the right to conduct physical examination and necessary special instrument examination for the assessed according to medical principles.
3.7.5 Have the right to refuse the appraisal due to the limitation of professional knowledge or insufficient appraisal data.
3.8 Obligations of appraisers
3.8. 1 Observe the operating procedures, conduct comprehensive, meticulous, scientific and objective inspections, and make records.
3.8.2 Make the appraisal conclusion correctly and timely, and answer the questions related to the appraisal raised by the entrusting organ.
3.8.3 Avoid according to law, appear in court to participate in litigation according to law, and keep the case secret and personal privacy.
3.8.4 Keep the relevant materials of entrusted evaluation properly.