If students fight and cause minor injuries to the other party, the amount of compensation needs to be determined based on the actual situation of the victim. If a criminal uses violence to violate the personal safety of citizens, it will also constitute an intentional crime. Then the party concerned will also need to bear criminal responsibility after intentional injury occurs. If personal injury is caused by intentional injury, he will also need to bear corresponding civil compensation obligations. .
1. What is the standard of compensation for minor injuries caused by students fighting? 1. First call the police, and then apply to the police for injury appraisal, and determine the other party’s responsibility based on the injury appraisal conclusion. If it is determined that the injury is minor or above, then the other party is suspected of a criminal offense and can be held criminally responsible. 2. You can ask the other party to make civil compensation, such as medical expenses, lost work wages, nutrition fees, nursing fees, property losses, etc. If it constitutes disability, you can also ask the other party to pay disability compensation. The fee amount can refer to the following standards. (1)Medical expenses. Medical expenses are determined based on hospital diagnosis certificates and formal medical invoices. Including registration fees, examination fees, surgery fees, medical fees, hospitalization fees, plastic surgery fees and follow-up treatment fees that you pay for treatment; (2) Nutrition fees. The amount of nutrition fee is determined based on the nutritional needs diagnosis certificate issued by the doctor and the relevant expense expenditure certificate. It refers to the cost of nutritional supplements other than daily diet purchased to assist in the treatment of physical diseases or to help the body recover as quickly as possible. (3) Lost work expenses and nursing expenses. Lost work fees and nursing fees are determined based on the victim’s or caregiver’s lost work time and income status. If you have a fixed income, lost time wages will be calculated based on the actual decrease in income. If there is no fixed income, the calculation shall be based on the average income of the last three years; if the victim cannot provide evidence to prove his average income of the last three years, the calculation may be made with reference to the average salary of employees in the same or similar industry in the previous year where the court where the suit is filed is located. (4) Transportation, food and accommodation expenses. Transportation expenses are calculated based on the actual transportation expenses incurred by you and your necessary attendants for medical treatment, escorting, or transfer to a hospital for treatment; accommodation expenses are paid based on the actual accommodation expenses incurred by you and your attendants; hospitalization food subsidy should be based on actual expenditures and expenses or Calculation based on actual local living standards; (5) Disability compensation. Disability compensation is calculated based on the disability level determined by forensic identification and the living expenses or income standards of the victim's place of residence or actual residence. According to the local published per capita disposable income of urban residents or the per capita net income of rural residents in the previous year, the calculation is based on twenty years from the date of disability determination. However, for those over sixty years old, the age will be reduced by one year for every additional year; for those over seventy-five years old, it will be calculated as five years; (6) Disabled assistive device fees Disabled assistive device fees will be calculated according to the reasonable cost standards of ordinary applicable devices.< /p>
2. How to sentence minor injuries in civil disputes? In fact, if the injury is only minor, the two parties can just negotiate and there is no need to go to court. Whether the injury is serious or not depends on the test results of a hospital. If the injury is serious, you can refer to the regulations. Article 234 of the Criminal Law Whoever intentionally harms the body of others shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The court will comprehensively consider the sentencing circumstances such as surrender, meritorious service, first offense, and compensation to the victim based on the statutory sentence, and finally determine the sentence that should be imposed. His evasion of punishment will result in a severe sentence. Article 313: Anyone who is capable of executing a judgment or ruling of a people's court but refuses to execute it, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine. Whether students or adults fight and cause minor injuries to others, they are liable for civil compensation. If there is no personal injury to others, compensation is not required. If the personal injury to others has been caused, compensation is required. If the infringing party bears tort liability, the infringing party needs to compensate for medical expenses, nursing expenses and other subsidies based on the actual damage caused.