Legal analysis
1. Compensation for personal damages. (1) Medical expenses: Based on actual expenses incurred, limited to the extent necessary to treat physical damage from a medical perspective, excluding expenses incurred for plastic surgery and rehabilitation treatment. (2) Lost work allowance: shall be limited to the amount actually withheld by the victim’s workplace, and shall not be higher than three times the local average living standard. (3) Nursing expenses: refers to the actual expenses of nursing staff based on medical treatment needs, which shall not be higher than the actual income of hospital nursing staff. (4) Transportation expenses: limited to necessary and actual expenses. (5) Hospitalization food subsidy: calculated according to the business trip food subsidy standard for general staff of local state agencies. (6) Dependent living expenses: calculated based on the per capita consumption expenditure standards of urban residents in the previous year where the court is located, based on the degree of the victim’s inability to work. (7) Funeral expenses: Calculated based on the average monthly salary of employees in the previous year where the court is located, based on the six-month total. 2. Compensation for property damage. (1) Property losses suffered by natural persons, legal persons or other organizations due to criminal acts. (2) Economic losses inevitably caused by property damaged by criminal acts.
Legal Basis
Article 1179 of the "People's Republic of China and Civil Code" Whoever infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, Transportation expenses, nutrition expenses, hospitalization food subsidy, etc. are reasonable expenses for treatment and recovery, as well as income reduced due to missed work. If disability is caused, assistive device fees and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated.
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