(1) The injury identification standard of intentional injury is the standard of human injury degree. The principle of identification is to follow the principle of seeking truth from facts, and the time of identification is after the injury occurs and the injury is stable. (2) What are the terms and definitions in the relevant laws and regulations of intentional injury (1) and Appraisal Standard of Human Injury Degree (1)? Serious injury causes limb disability, disfigurement, hearing loss, vision loss, loss of other organ functions or other injuries that have great harm to personal health, including serious injury level I and serious injury level II. Minor injuries cause damage to limbs or appearance, dysfunction of hearing, vision or other organs, or other injuries with moderate harm to personal health, including first-degree and second-degree minor injuries. Primary injury caused by various injury factors, leading to slight damage or dysfunction of tissues and organs. (2) The appraisal principle follows the principle of seeking truth from facts, and insists on comprehensive analysis and appraisal based on the primary injury directly caused by injury factors and the complications or sequelae caused by injury. For the identification based on the primary injury and its complications, the identification should be based on the injury at that time, supplemented by the consequences of the injury, and comprehensively identified. Identification based on the appearance injury or dysfunction of tissues and organs should be based on the injury results, supplemented by the injury at that time, and comprehensive identification should be carried out. (3) if the identification opportunity is mainly primary injury, it can be identified after injury; If the complications caused by injury are the main identification basis, it should be identified after the injury is stable. Based on the appearance injury or dysfunction of tissues and organs as the main identification basis, the identification was carried out 90 days after injury; Under special circumstances, appraisal opinions can be issued according to the primary injury and its complications, but the possible sequelae should be explained, and re-examination and supplementary appraisal should be carried out when necessary. Difficult and complex injuries should be identified after clinical treatment or after the injury is stable. The identification standard of intentional injury is that once the human body reaches the standard of injury degree, it can apply for identification. For example, if a person is physically disabled due to a serious injury, or his appearance is destroyed, his hearing and pain are lost, or even his health is seriously damaged, such as being seriously injured in the first or second degree, he can apply for injury identification.
Legal objectivity:
1. The Ministry of Public Security issued the Disability Assessment of the Injured in Road Traffic Accidents, which was implemented on June 5438+February 2002 1 (applicable to the disability assessment of the injured in road traffic accidents); 2. Appraisal of labor ability-level of industrial injury and occupational disease disability of employees GB/T 16 180-2006 The State Bureau of Technical Supervision carried out industrial injury (appraisal of industrial injury and occupational disease disability of employees in professional activities) on May 1 2006; 3. Appraisal of the degree of occupational disability of injured workers GB/T 16 1996 State Bureau of Technical Supervision 1 9961June1(GB/T16180-has been implemented. On the same day, when the employee is disabled or sick due to non-work, the degree of body organ defect or functional loss shall be identified; 5. The Appraisal Standard for Human Minor Injuries was issued by the Ministry of Public Security on July 25th, 1996 and implemented on 19971October 30th, which is applicable to all minor injuries caused by violation of the General Principles of the Civil Law and the Law of People's Republic of China (PRC) on Public Security Administration Punishment; 6. Identification standard for minor injuries (for trial implementation)1promulgated by the Ministry of Justice of the Ministry of Public Security on June 20th, 990 and implemented in July, 990. This standard is applicable to the judicial appraisal of health damage to others as stipulated in the Criminal Law of People's Republic of China (PRC); 7. The Criterion for Identification of Serious Injuries (1990) was issued by the Ministry of Justice and the Ministry of Public Security on March 29th, and is used for judicial identification of serious injuries stipulated in the Criminal Law of People's Republic of China (PRC) (1990). 8. The Classification Standard of Medical Accidents (Trial) was issued by the Ministry of Health on July 3, 20021.The situations listed in this standard are the common consequences of personal injury to patients in medical accidents. In this standard, the disability level corresponding to the first-class B to the third-class E of medical accidents is one to ten; 9. National standard GB/T 15499- 1995: This standard provides a method for quantitatively recording the degree of human injury and the number of lost working days corresponding to the injury. Applicable to personal injury caused by casualty accidents of enterprise employees. 10, the Ministry of Justice issued the appraisal standard of human injury degree, which was implemented on April 4, 2004. This standard is applicable to the provisions of "intentionally hurting others' bodies", "causing serious injuries" and "including causing serious disabilities" in the Criminal Law of People's Republic of China (PRC) and the Law of People's Republic of China (PRC) on Public Security Administration Punishment. 1 1. The Appraisal Standard of Human Disability Degree (Trial) was formulated by the Supreme People's Court, and the appraisal standard has been implemented since 2005 1; 1. Applicable to all cases involving personal injury compensation except other relevant appraisal standards clearly stipulated by laws and regulations; 2. For cases that occurred before June 5438+February 3, 20041day, if the degree of disability has not been identified, the Standard for Identification of Personal Injury Disability (Trial) shall apply, and if the degree of disability has been identified, the original provisions shall still apply; 3. Whether the victim of criminal incidental civil cases can identify the degree of disability is decided by the judicial organization; Whether it constitutes a severe disability is still identified according to the requirements of the Supreme People's Court and the standard of "Appraisal of Disability Degree of Workers' Occupational Injury"; 4 the Supreme People's Court announced the "standards for the identification of the degree of human disability", in accordance with the requirements of the Supreme People's Court; 12, military disability rating standard (Trial) The Ministry of Civil Affairs, the Ministry of Labor and Social Security and the General Logistics Department of the People's Liberation Army issued the "Assessment Standard for Disability Rating of Servicemen Due to War and Work (including Occupational Diseases)", which is divided into 1- 10 from heavy to light, of which 1-6 is both 13. Practical assessment criteria for the disabled (for Trial Implementation) All natural persons are issued by China Disabled Persons' Federation.