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This is for those who understand the law! Legal advice.
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Legal analysis: It depends on the area and length of the wound, and specifically refers to the criteria for minor facial injuries in the "Standards for the Identification of the Degree of Human Injury": (1) a single wound or scar length on the face; Multiple wounds or scar lengths are more than cumulative.
2) Massive scars on the face, with a single area of more than 4 square centimeters; The area of many blocks is more than 7 square centimeters. (3) Facial flaky fine scars or obvious pigment abnormalities, with a cumulative area of more than 30 square centimeters.
Legal basis: Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments: Whoever assaults another person, or intentionally harms another person's body, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB:
1) Gang up to beat or injure others; (2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
Criminal Law of the People's Republic of China" Article 234 Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
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Legal analysis: The disability level of traffic accidents shall be assessed by a qualified judicial appraisal agency. The disability appraisal of traffic accident disability is generally done half a year after the end of the hospital or discharge, otherwise the appraisal agency will not do it.
It is possible to appoint an appraisal agency by the court after the lawsuit is filed, or it can entrust a law firm to do so before the lawsuit.
Legal basis: Provisions on Procedures for Handling Road Traffic Accidents》 Article 40: The medical evaluation of mental illness shall be conducted by a hospital designated by the provincial-level people.
If a party is disabled due to a traffic accident, the disability level shall be assessed by a qualified disability appraisal institution after the end of the first day.
The assessment of the disputed property damage shall be conducted by an assessment agency with assessment qualifications.
Qualified inspection, appraisal and evaluation institutions shall be filed with the provincial people's ** public security organ traffic management and prudential department, and the traffic management department of the public security organ may introduce the qualified inspection, appraisal and evaluation agency to the parties, which shall be selected by the parties themselves.
Measures for the Handling of Road Traffic Accidents》 Article 42 If a party to a traffic accident is disabled due to injury, he may apply to the public security organ for a disability assessment within 15 days after the end of the first day. The public security organs shall, on the basis of the hospital certificate and the Ministry of Public Security's standards for assessing disability in road traffic accidents, assess the level of disability within 30 days of receiving the application for disability assessment. Where parties are not satisfied with the disability assessment, they may apply to the public security organ at the level above for a new assessment within 15 days of receiving the assessment document.
Within 30 days of receiving the application for reassessment, the public security organ at the level above shall make a decision on reassessment.
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The identification of minor injuries to the human body is determined by the standard of jujube resistance; 1. Adhere to the principle of seeking truth from facts, and take the primary injury caused by the injury factor and the complications that may be caused as the basis for identification; 2. When identifying the complications or sequelae that may be caused by the injury, do not give too much consideration to it, and mainly focus on the identification of the injury at that time; 3. When evaluating the perpetrator's tissues, organs, or facial disorders, attention should be paid to considering the consequences of the harm.
Article 15 of the Identification Standards for Minor Human Injuries Leave obvious scars after facial injuries, with a single length of 3 cm or a cumulative length of 4 cm; The area of a single block is 2 square centimeters or the cumulative area is up to 3 square centimeters; Pigmentation changes that affect the face by 6 square centimeters.
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Criteria for the Identification of the Degree of Human Injury "Minor Injury Level 1 Criteria: a) A single wound on the face or the length of the scar is more than that; Multiple wounds or scars are more than cumulative in length. b) Massive scars on the face, more than a single mass; The area of multiple blocks is accumulated above.
c) Facial flaky small scars or obvious pigment abnormalities, the area is more than cumulative. d) Eyelid absence is equivalent to one upper eyelid 1 4 or more. e) moderate ectropion of one eyelid; Mild ectropion of both eyelids.
f) Upper eyelid drooping on one side covering the pupil for more than 1 and more than two fractures of the orbital wall; Fracture of one orbital wall causes the eye to invert above it. h) Bilateral lacrimal organ injury with lacrimation. i) rupture of one nasolacrimal duct; Rupture of the medial canthal ligament on one side.
j) Auricular disconnection, oozing defect or contracture deformity is equivalent to more than 30% of the pinna area on one side.
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Legal Analysis: The criteria for the identification of minor injuries to the human body are; 1. Adhere to the principle of seeking truth from facts, and take the primary injury caused by the injury factor and the complications that may be caused as the basis for identification; 2. When identifying the complications or sequelae that may be caused by the damage, do not give too much consideration, and mainly focus on the identification of the injury at that time; 3. When evaluating the perpetrator's tissues, organs, or facial disorders, attention should be paid to considering the consequences of the harm.
Legal basis: "Standards for the Identification of Minor Human Injuries" Article 15 There is a clear scar after a facial injury, with a single length of 3 cm or a cumulative length of 4 cm; The area of a single block is 2 square centimeters or the cumulative area is up to 3 square centimeters of Hutanji; Pigmentation changes that affect the face by 6 square centimeters.
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