What are the sentencing standards and compensation standards for personal injury?

Legal analysis: There is no fixed standard for standard compensation for personal injury, which generally includes medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies for inpatient training, and necessary nutrition expenses.

Legal basis: Article 17 of the Judicial Interpretation on Compensation for Damages from Personal Demolition: Where a victim suffers a personal injury, the compensation obligor shall compensate for all expenses incurred due to medical treatment and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and loss of work incurred by the victim's relatives in handling funeral matters.

Articles 234, 238, 247, 248, 289, 292, and 333 of the Criminal Law stipulate that a person who uses violence to injure a person in illegal detention causes injury, a person who is injured by extorting a confession by torture or using violence to obtain evidence, a person who abuses a person in custody causing a person to be disabled, a person who gathers a crowd to smash and rob a person causing injury, a person who gathers a crowd to fight and causes serious injury, or a person who illegally organizes or forces others to sell blood and causes injury, shall be punished as the crime of intentional injury. These provisions are fictitious rather than precautionary provisions.

1) Committing the crime of intentional injury shall be sentenced to up to 3 years imprisonment, short-term detention or controlled release.

2) Whoever commits the crime of intentional injury, causing serious injury, shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

3) Whoever intentionally inflicts bodily harm on others, causing death, or seriously injuring others by especially cruel means, causing serious disability, is to be sentenced to 10 or more years imprisonment, life imprisonment, or death.

1. What are the criteria for filing a case for the crime of intentional injury?

Article 234 of the Criminal Law stipulates that the act of intentionally and unlawfully harming the body of another person is the crime of intentional injury. Standards for Filing Cases of Intentional Injury According to article 1 of the "Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China", private prosecution cases directly accepted by the people's courts include (2) minor criminal cases where the people's procuratorate has not initiated a public prosecution and the victim has evidence to prove it: 1. In cases of intentional injury (as provided for in the first paragraph of Criminal Law article 234), where the case of intentional injury to the body of another person is intentionally harmed, the case shall be filed, and it is not necessary to meet the standards above the standard of minor injury.

2. The boundary between the crime of intentional injury and the crime of intentional homicide.

Generally speaking, it is not difficult to distinguish between the two offences, but in the case of attempted intentional homicide causing injury or intentional injury resulting in death, the two offences are easily confused. The main difference between the two crimes is whether the perpetrator intends to unlawfully deprive others of their lives. If the perpetrator does not have the intention to unlawfully deprive others of their lives, but only has the intention to harm the health of others, even if the act objectively causes the death of others, it can only be determined as the crime of intentional injury causing death; If the perpetrator has the intention to unlawfully deprive another person of his life, even if his or her act does not result in the death of another person, it constitutes the crime of intentional homicide (attempt).

In judicial practice, to determine whether the perpetrator's intentional content is to injure or kill, the principle of consistency between subjectivity and objectivity should be followed, all facts of the case should be ascertained, and a comprehensive analysis and judgment should be made starting from aspects such as the relationship between the perpetrator and the victim, the cause, process, and outcome of the case, the means of committing the crime, the tools used, the location and intensity of the attack, the time, place, and environmental conditions of the crime, and the performance of the perpetrator before and after committing the crime.

Legal Analysis: The compensation obligor shall compensate the victim for personal injury, various expenses incurred due to medical treatment** and loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

In the event of a failure in the negotiation of the victim's death, the compensation obligor shall compensate the relevant expenses provided for in the first paragraph of this article in addition to the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, and shall also compensate for the funeral expenses, living expenses of the dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral preparations.

Article 18: Where the victim or the deceased's close relatives suffer mental harms, and the person with the right to compensate requests compensation from the people's court for solatium for moral damages, the "Supreme People's Court Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" is to be applied.

The right to claim solatium for moral injury must not be assigned or inherited. However, this is not the case where the person obligated to pay compensation has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.

The standard of compensation for personal injury is that if the injury is not disabled, medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, food subsidies for inpatient companions, and necessary nutrition expenses shall be compensated; in case of disability, compensation for disability allowance and assistive devices, as well as appraisal fees for determining the level of disability; In the event of death, compensation for death shall be paid to Lu Xin.