Health is the premise of personal happiness. It can be said that there is nothing without health, which shows the importance of health to us and the development of health industry is growing day by day. The following share the secondary identification standard of human minor injuries.
The secondary appraisal standard for minor injuries is 1. 1. What is the secondary appraisal standard for minor human injuries?
The secondary appraisal standard of human minor injuries depends on different injured parts. Minor injuries refer to other injuries that damage a person's limbs or appearance, partially damage hearing, vision or other organ functions, or have moderate harm to personal health, including first-degree and second-degree minor injuries. According to the Ministry of Public Security, the Ministry of Justice, the Supreme People's Procuratorate and the Supreme People's Court "Identification Standards for Minor Injuries (Trial)", the secondary standards for minor injuries are as follows:
Article 5 The scalp avulsion injury area is 20 cm2 (children 10 cm2); The area of traumatic scalp defect is 65438±00 cm2 (5 cm2 for children).
Article 6 The cumulative length of sharp scalp injuries is 8 cm, and the cumulative length of children is 6 cm. The cumulative length of blunt injury is 6 cm, and that of children is 4 cm.
The seventh place is simple skull fracture.
Article 8 The head injury is diagnosed as a temporary disturbance of consciousness, and he is forgetful of recent events.
Article 9 Eye injuries
(a) eyelid injury affects the face or function;
(2) Simple orbital fracture;
(3) partial injury and dysfunction of lacrimal apparatus;
(four) part of the eyeball structure damage, affecting the face or function;
(5) Injury leads to vision loss, binocular corrected vision drops below 0.7 (more than 0.2 than before injury), and monocular corrected vision drops below 0.5 (more than 0.3 than before injury); The original monocular vision was low, and the vision decreased 1 level after injury.
Mild visual field defect;
(6) traumatic strabismus.
Tenth nasal trauma
(a) comminuted fracture of nasal bone, or linear fracture of nasal bone with obvious displacement;
(2) The nose injury obviously affects the appearance or function of the nose.
Eleventh ear injury
(a) auricle injury caused obvious deformation; One auricle defect is one ear 15%, or the cumulative auricle defect on both sides is one ear15%;
(2) Traumatic perforation of tympanic membrane;
(3) External auditory canal stenosis caused by external auditory canal injury;
(4) Hearing loss in one ear is 4 1 dB, and hearing loss in both ears is 30 dB.
Article 12 Oral injury
(a) Oral and lip injuries affect the face, pronunciation or eating;
(two) more than two teeth fall off or break;
(3) Oral tissues and organs are damaged, which affects the function of language, chewing or swallowing;
(4) Salivary gland injury with dysfunction.
Thirteenth zygomatic fracture or maxillary fracture; The mouth opening caused by temporomandibular joint injury (the distance between upper and lower incisors) is less than 3 cm.
Fourteenth facial soft tissue single wound length of 3.5 cm (3 cm for children), or wound cumulative length of 5 cm (4 cm for children) or maxillofacial penetrating injury.
Fifteenth facial trauma has obvious scars, with a single length of 3 cm or a cumulative length of 4 cm; A single area of 2 square centimeters or a cumulative area of 3 square centimeters; The pigment affecting the face changes by 6 square centimeters.
Sixteenth facial nerve injury causes partial facial paralysis, which affects face and function.
Seventeenth neck soft tissue single wound length of 5 cm or cumulative wound length of 8 cm.
Does not meet the provisions of the preceding paragraph but has motor dysfunction.
Article 18 neck injury shows signs of suffocation.
Article 19 A neck injury hurts the thyroid gland, throat, trachea or esophagus.
The above is the second-level appraisal of minor injuries in China's laws. The appraisal of related damages needs to be handled by a professional judicial appraisal department according to the actual situation. If the identification of the relevant situation is not clear, you can hire a lawyer to define the occupation and provide evidence of the specific circumstances of minor injuries.
Second-level appraisal standard for human minor injuries 2 I. Second-level appraisal standard for human minor injuries
The secondary standard for minor injuries is:
1, the cumulative length of scalp wound or scar is more than 8.0cm.
2. The total area of scalp avulsion injury is more than 20.0cm2, and the total area of scalp defect is more than 10.0cm2.
3. The range of subcapsular hematoma is greater than 50.0cm2.
4. skull fracture.
5. Traumatic subarachnoid hemorrhage.
6. Brain nerve injury causes corresponding neurological dysfunction.
Second, the secondary civil compensation standard for minor injuries
Minor injuries do not constitute criminal responsibility, only civil compensation can be demanded. The specific compensation is as follows:
If the victim suffers personal injury, he shall compensate all the medical expenses and income reduced due to missed work, including lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.
1, medical expenses
According to the receipt of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records and diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.
The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. Rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses necessary for organ function recovery training can be prosecuted separately after the actual occurrence. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.
2. Lost time cost
According to the victim's lost time and income. The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.
If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.
3. Nursing expenses
According to the income of nursing staff, the number of nurses and the length of nursing time. If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.
The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years.
4. Nursing care of the victim after disability
The nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS. The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.
5, hospital food subsidies
It can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
6. Nutritional feed
According to the victim's disability and the opinions of medical institutions.
What are the legal consequences of the other party's unwillingness to compensate for third or second degree minor injuries?
Compared with positive compensation, no compensation or no positive compensation will increase or aggravate sentencing. It is the legal reason to compensate the victim actively and obtain the written sentencing opinions issued by the victim. The collegial panel will consider this factual basis when sentencing and appropriately punish it lightly.
1. Compared with active compensation, no compensation or no active compensation naturally lacks the factual basis for a lighter punishment, resulting in the loss of opportunities for mitigating punishment.
2, but the criminal suspect should also understand that not compensating the victim's losses does not mean that the victim will give up the right to claim reasonable losses. The victim can still claim the right to compensate for the loss. After proof, cross-examination and debate, the collegial panel will certainly support the reasonable and necessary losses related to the damage consequences.
3. In the prosecution stage, the victim files a lawsuit for criminal incidental civil compensation, and after obtaining a civil judgment, it can be enforced according to law. If the criminal suspect fails to pay compensation, the executive board of the court may, at the request of the victim, freeze the movable property for the execution of the judgment.
The second-level appraisal standard of human minor injuries 3 I. The second-level disability appraisal standard of minor injuries
Identification criteria for minor injuries and secondary disabilities:
(1) The cumulative length of scalp wound or scar is more than 8.0 cm.
(2) The total area of scalp avulsion injury is more than 20.0 square centimeters; The total area of scalp defect is greater than 10.0 cm2.
(3) The area of hematoma under the cap aponeurosis is more than 50.0 square centimeters.
(4) skull fracture.
(5) Traumatic subarachnoid hemorrhage.
(6) Brain nerve injury causes corresponding neurological dysfunction.
Article 234 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
2. Which is more serious, minor injury level 1 or level 2?
(1) Minor injuries refer to primary injuries caused by various injury factors or complications caused by primary injuries, which are not life-threatening; The structure and function of the left tissues and organs are moderately damaged or the appearance is obviously affected. Minor injuries refer to primary injuries caused by various injury factors or complications caused by primary injuries, which are not life-threatening; The structure and function of the left tissues and organs are slightly damaged or the appearance is affected. To sum up, the first level is heavier than the second level.
(2) Minor injury refers to the injury that physical, chemical, biological and other external factors act on the human body, resulting in a certain degree of damage or partial dysfunction of tissues and organs. Although it does not constitute serious injury, it does not belong to minor injury.
Third, minor injuries do disability identification, how many levels of disability can you do?
According to the second paragraph of Article 138 of the Supreme People's Court's Interpretation on Application, the people's court does not accept incidental civil action or separate civil action for claiming compensation for mental loss due to criminal infringement. Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Torts stipulates that compensation for mental damage includes the following methods:
(a) causing disability, disability compensation;
(2) Compensation for death if death is caused;
(3) Spiritual consolation money for other damages.
To sum up, the court will not accept and support disability compensation and death compensation in criminal cases.