The criteria for the determination of minor injuries by judicial appraisal are:

Updated on society 2024-04-21
7 answers
  1. Anonymous users2024-02-08

    The criteria for the grade of minor injuries are as follows:

    1.Minor injury refers to an injury in which various external factors such as physical, chemical, and biological factors act on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction, and do not constitute serious injuries but are not minor injuries.

    2.The identification of the degree of injury should be based on the primary damage and consequences directly caused by external factors to the human body, including the injury at the time of the injury, complications and sequelae caused by the injury, etc., and a comprehensive analysis and comprehensive assessment.

  2. Anonymous users2024-02-07

    The compensation standard for minor injuries in judicial appraisal is based on the degree of damage suffered by the victim, the proportion of responsibility of both parties, and the local income level to comprehensively determine the amount of compensation for the victim's personal injury, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

    [Legal basis].

    Article 17 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases.

    The person obligated to compensate the victim for personal injury, 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 lost work expenses incurred by the victim's relatives in handling funeral matters.

  3. Anonymous users2024-02-06

    Legal Analysis: The criteria for judicial appraisal of minor injuries are: Minor injuries refer to injuries that are caused by various external factors such as physical, chemical, and biological factors acting on the human body, causing a certain degree of damage or partial dysfunction of tissues and organ structures, and not constituting serious injuries but not minor injuries.

    Legal basis: Standards for the Appraisal of Minor Human Injuries by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice (Provisional).

    Article 2: Minor injuries refer to injuries that are caused by physical, chemical, biological, and other external factors acting on the human body, causing a certain degree of damage to the structure of tissues or organs or partial dysfunction, but which do not constitute serious injuries but are not minor injuries.

    Article 3: The appraisal of the degree of injury shall be based on the primary damage and consequences directly caused by external factors to the human body, including the injury at the time of the injury, the complications and sequelae caused after the injury, etc., and shall be comprehensively analyzed and comprehensively assessed.

    Article 4: Evaluators shall be forensic physicians or persons with forensic science evaluation qualifications; It may also be an attending physician or higher hired or retained by a judicial organ. Evaluators have the right to learn about the case, access case files, medical records, and inspect the scene, and the relevant units have the responsibility to cooperate. Evaluators must adhere to the principle of seeking truth from facts, apply scientific testing methods, keep case secrets, and abide by relevant legal provisions.

    Chapter 2 Head and Neck Injuries.

    fifth subgal aponeurosis hematoma, scalp avulsion up to 20 square centimeters (up to 10 square centimeters in children); Traumatic defects of the scalp are up to 10 square centimeters (5 square centimeters in children).

    The cumulative length of the sixth scalp sharp wound is up to 8 cm, and the wound is up to 6 cm for children; The cumulative length of blunt wounds is up to 6 cm, and in children up to 4 cm.

    Seventh, simple fracture of the skull.

    Article 8 Head injury confirms transient disturbance of consciousness and amnesia.

    Article 9 Eye injury.

    1) Eyelid injury affecting the face or function;

    2) simple orbital fractures;

    3) Partial injury and dysfunction of the lacrimal organs;

    4) Structural damage to part of the eyeball, affecting the face or function;

    5) Vision loss caused by injury, corrected visual acuity in both eyes to below (more than the decrease in visual acuity before the injury), and monocular corrected visual acuity to the lower (more than the pre-injury visual acuity); Those who originally had low vision in one eye will have 1 level of vision loss after injury. mild visual field defects;

    6) Traumatic strabismus.

    Article 10 Nasal injury.

    1) Comminuted fracture of the nasal bone, or linear fracture of the nasal bone accompanied by obvious displacement;

    2) Nasal damage that significantly affects the shape or function of the nose.

  4. Anonymous users2024-02-05

    The so-called minor injury refers to the injury that is caused by physical, chemical, biological and other external factors that interfere with the human body, causing a certain degree of damage or partial dysfunction of the structure of tissues and organs, and does not constitute a serious injury but is not a minor injury.

    1.A minor injury is a degree of injury that is between a serious injury and a minor injury. Therefore, the determination of minor injuries can be directly determined in accordance with the provisions of the Standards for the Identification of Minor Human Injuries (for Trial Implementation) on the one hand, and on the other hand, it can also be determined from the perspective of excluding serious injuries or minor injuries.

    2.The determination of whether there is a minor injury shall be based on the evaluation conclusions made by professionals. The evaluator shall be a forensic physician or a person with forensic science evaluation qualifications, and may also be a person at or above the attending physician hired or retained by the judicial organs.

    3.The identification of whether there is a minor injury should be based on the primary damage and consequences directly caused by external factors to the human body, including the injury at the time of injury, complications and sequelae caused by the damage and sail injury, etc., and comprehensively divide and analyze the damage and comprehensive assessment.

    4.If there are multiple injuries, as long as one injury meets the criteria for minor injury, it can be found to be a minor injury; Where multiple injuries do not meet the criteria for minor injuries, they cannot simply be added together as minor injuries. If there are three or more types of injuries that are close to the standards for minor injuries provided for in the "Standards for the Identification of Minor Human Injuries (Trial)", a comprehensive assessment may be made according to the specific circumstances.

    According to Article 3 of the "Criteria for the Identification of Minor Human Injuries (Trial)", the degree of injury should be based on the primary damage and consequences directly caused by external factors to the human body, including the injury at the time of the injury, complications and sequelae caused by the injury, etc., and a comprehensive analysis and comprehensive assessment. Article 53: Where multiple injuries do not meet this standard, they cannot be simply added together as minor injuries, and if there are three (type) injuries that are close to this standard, a comprehensive assessment may be made in light of the specific circumstances. Article 55: These standards apply to forensic evaluations that harm the physical health of others as provided for in the Criminal Law of the People's Republic of China.

  5. Anonymous users2024-02-04

    The criteria for judicial appraisal of minor injuries are: Minor injuries refer to injuries that are caused by various external factors such as physical, chemical, and biological factors acting on the human body, causing a certain degree of damage to the structure of tissues and organs or partial dysfunction, and not constituting serious injuries but not minor injuries.

    Legal basis: Article 3 of the "Standards for the Appraisal of Minor Human Injuries" The determination of the degree of injury shall be based on the primary damage and consequences directly caused by external factors to the human body, including the injury at the time of the injury, the complications and sequelae caused by the injury, etc., and shall be comprehensively analyzed and evaluated.

    Article 4 of the Standards for the Evaluation of Minor Human Injuries: The evaluator shall be a forensic physician or a person with forensic science evaluation qualifications.

    Article 5 of the Identification Standards for Minor Human Injuries is a subgal aponeurotic hematoma with an avulsion area of 20 square centimeters (10 square centimeters for children); Traumatic defects of the scalp are up to 10 square centimeters (5 square centimeters in children).

    Article 6 of the Criteria for the Identification of Minor Human Injuries The cumulative length of the wound of a scalp sharp is up to 8 cm, and the wound is up to 6 cm for children; The cumulative length of blunt wounds is up to 6 cm, and in children up to 4 cm.

    Article 7 of the Criteria for the Identification of Minor Human Injuries Simple fracture of the skull.

    Article 8 of the Criteria for the Identification of Minor Human Injuries is confirmed by the presence of transient impairment of consciousness and amnesia of recent events.

  6. Anonymous users2024-02-03

    The criteria for the grade of minor injuries are as follows:

    1.Minor injury refers to the physical, chemical, biological and other external factors acting on the human body, causing a certain degree of damage to the structure of tissues and organs, such as a certain degree of damage or partial dysfunction, and the reed erection has not yet constituted a serious injury and is not a minor injury.

    2.The identification of the degree of injury should be based on the primary pure damage and its consequences directly caused by external factors to the human body, including the injury at the time of injury, complications and sequelae caused by the injury, etc., and comprehensively analyze and evaluate it.

  7. Anonymous users2024-02-02

    1. What are the standards for judicial appraisal of minor injuries?

    1. The criterion for judicial appraisal of minor injuries is that the limbs or appearance of the person are damaged, and the impairment of hearing, vision or other organ functions or other injuries that have moderate harm to personal health is a minor injury, such as a traumatic tympanic membrane perforation that cannot heal on its own for 6 weeks.

    2. Legal basis: Article 6 of the Standards for the Appraisal of the Degree of Human Injury.

    Serious injury level 2 is the lower limit of serious injury, which is connected with serious injury level 1, and the upper limit of serious injury level 1 is causing death; Minor injury level 2 is the lower limit of minor injury, which is connected with minor injury level 1, and the upper limit of minor injury level 1 is connected with serious injury level 2; The upper limit of minor injuries is connected with the second level of minor injuries, and where the criteria for minor injuries are not met, they are not identified as minor injuries.

    2. What is the difference between minor injuries and minor injuries?

    1. Different accountability. Minor injuries are investigated for civil liability and administrative liability, while minor injuries are investigated for criminal liability;

    2. It can be different from whether it is private. Minor injuries can be agreed by both parties to be private, but minor injuries cannot be directly private;

    3. The punishment method is different. Minor injuries are fined, and the punishment is lenient, and the circumstances of minor injuries will not be very serious, and they will be detained for a few days, and the circumstances warrant a fixed-term imprisonment of not more than three years.

    Personal injury compensation includes medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal allowances, nutrition expenses, disability compensation, disability assistive device expenses, etc.

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