1, personal injury compensation
(1) medical expenses: according to the actual expenses, it is limited to the medical treatment of physical injuries, excluding the expenses incurred by plastic surgery and rehabilitation treatment.
(2) Lost time: limited to the actual deduction of the victim's work unit, and not higher than three times the local average living standard.
(3) Nursing expenses: refers to the expenses actually paid by nursing staff according to medical needs. Not higher than the actual income of hospital nurses.
(4) Transportation expenses: limited to necessary and actual expenses.
(5) Hospitalization food allowance: calculated according to the standard of food allowance for ordinary staff of local state organs.
(6) Living expenses of dependents: calculated according to the degree of the victim's loss of working ability and the per capita consumption expenditure standard of urban residents in the last year where the court is located.
(7) Funeral expenses: based on the average monthly salary standard of employees in the last year where the court is located, the total amount is calculated for six months.
2. Compensation for property losses
(1) Property losses of natural persons, legal persons or other organizations that have suffered damage due to criminal acts.
(2) Economic losses caused by property damage caused by criminal acts, such as repair costs.
legal ground
The Supreme People's Court on the application of the Criminal Procedure Law of People's Republic of China (PRC)
Article 155 When a judgment is incidental to a civil action, the amount of compensation that the defendant should pay should be determined according to the material losses caused by the criminal act and the specific circumstances of the case.
If a criminal act causes personal injury to the victim, it shall compensate medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If the victim is a disabled person, he shall also compensate for the expenses of living AIDS for the disabled; If the victim dies, he shall also pay compensation for funeral expenses and other expenses.
If driving a motor vehicle causes casualties or heavy losses to public or private property, which constitutes a crime, the liability for compensation shall be determined in accordance with the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China.