1, minor injuries have been suspected of intentional injury, and criminal responsibility can be added, and they can be sentenced to fixed-term imprisonment of not more than three years, public surveillance or criminal detention; 2. Economic compensation can be settled through negotiation. If negotiation fails, you can claim medical expenses, treatment expenses, lost time and transportation expenses. Opinions on the Application of Relevant Clauses of Minor Injury Appraisal Standards and Serious Injury Appraisal Standards In order to protect citizens' legitimate rights and interests, standardize the specific application of appraisal standards by public, procuratorial and legal organs in personal injury appraisal, and combine with the reality of our province, according to the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC) and the minor injury appraisal standards (for Trial Implementation) I. Basic application principles of minor injury appraisal standards (for Trial Implementation) and serious injury appraisal standards (for Trial Implementation). Mental injury (such as reactive psychosis, hysteria, personality abnormality, etc.). ) will not be evaluated, and causal analysis can be carried out when necessary. (2) Injury coexists, and it is difficult to distinguish the injury responsibility for the injury consequences, so the degree of injury is not evaluated, and only the causal relationship is analyzed; However, if it can be confirmed that the intensity of violence and the way of injury are enough to cause the same consequences to normal people, the degree of injury can still be evaluated according to the relevant provisions of the minor injury standard. (3) The assessment of injury degree should be based on the direct consequences of injury and related complications and sequelae. If the injury consequences are obviously aggravated due to other factors (such as delayed treatment, mistakes in diagnosis and treatment, medical errors, etc.). ), it is not appropriate to evaluate the degree of damage according to the final result. (four) the comprehensive evaluation of multiple minor injuries does not constitute serious injuries, and each minor injury should be explained separately. (five) the injury that affects the face or causes dysfunction of limbs and organs shall be identified after the end of clinical treatment or the injury is basically stable; If the injury is definite (such as surgical removal of internal organs caused by injury, etc.). ), can be identified after injury. (6) If the injury does reach the degree of minor injury, but it is still difficult to determine whether it constitutes a serious injury, a minor injury inspection report can be issued according to the corresponding terms, and a supplementary appraisal can be issued if necessary. (seven) the fracture in the standard of minor injuries does not include the bone incision that does not reach the medullary cavity or medulla and the elevation of the cortical bone. (eight) the appearance injury in the standard of serious injury is permanent, and it is generally treated according to the routine, regardless of the situation after plastic surgery and plastic surgery; Identification should generally be carried out after treatment. (9) The inspection and judgment methods in the appendix "A 12 Identification of Joint Mobility" of the Working Day Standard for Accidental Injury (GB/T 15499- 1995) should be uniformly used to measure the joint mobility. (10) The B-ultrasound, CT, MR and other imaging examinations as the identification basis should be accompanied by corresponding picture materials; Morphological changes such as various injuries (including subcutaneous hemorrhage, congestion, trauma, etc. ), scars, pigmentation, disfigurement of the body surface, etc. must be accompanied by scaled color photos, and the date of taking the photos should be indicated. 2. Opinions on the application of the relevant provisions of the Appraisal Standard for Human Minor Injuries (for Trial Implementation) (the following text is the original provisions in the Appraisal Standard for Human Minor Injuries (for Trial Implementation)) Chapter II Head and Neck Injury Article 5 Encapsulated subdural hematoma; Diffuse bleeding under the aponeurosis of finger cap can be diagnosed by clinical puncture and CT examination. Article 6 The cumulative length of sharp scalp injuries is 8 cm, and the cumulative length of children is 6 cm. The cumulative length of blunt injury is 6 cm, and that of children is 4 cm. Cross-regional wounds and scars on the head and face themselves cannot constitute minor injuries. The cumulative length of head and face should be divided by the length of minor injury according to the corresponding regulations, and then the two data should be added up. If it is greater than or equal to 1, it constitutes a minor injury. There are both blunt injuries and sharp injuries, which are identified by this method. The seventh place is simple skull fracture. 1, skull fracture was diagnosed by X-ray, CT, MR and other imaging examinations; 2. The diagnosis of skull base fracture must be confirmed by imaging examination or cerebrospinal fluid leakage. Article 8 The head injury is diagnosed as a temporary disturbance of consciousness, and he is forgetful of recent events. 1, in principle, this article is not used as the basis for evaluating the degree of damage; 2, CT, MR and other imaging examination confirmed that there is craniocerebral injury but no signs of central nervous system positioning, according to article 52, mutatis mutandis, this article. Article 9 The visual function appraisal of eye trauma should be based on the end of treatment and after the injury is stable (vision should be corrected), and the appraisal time should be no less than three months after the injury. (a) eyelid injury affects the face or function; Refers to those who have obvious strip scars after treatment or cause entropion, ectropion, blepharoptosis and incomplete eyelid closure. (2) Mild visual field defect; Visual field defect should be examined more than twice, and the results are basically the same. Tenth nasal injury (1) comminuted fracture of nasal bone, or linear fracture of nasal bone with obvious displacement; In principle, the injury is evaluated by comminuted fracture, and the linear fracture is obviously displaced, which means that the broken end is completely displaced. (2) The nose injury obviously affects the appearance or function of the nose. Nasal trauma obviously affects the appearance of the nose, indicating that the nose is defective or still collapses after repair. Eleventh ear injury (1) auricle injury caused by obvious deformation; One auricle defect is one ear 15%, or the cumulative auricle defect on both sides is one ear15%; Defects are measured by drawing paper method. (4) Hearing loss in one ear is 4 1 dB, and hearing loss in both ears is 30 dB. It must be confirmed by electrophysiology, acoustic impedance and audiometry that hearing loss should conform to the mechanism of trauma; Pure tone hearing was examined three months after injury, and the results of the two examinations were basically the same. Article 12 Oral injury (2) More than 2 teeth have fallen off or broken; Tooth fracture refers to the exposure of pulp cavity; The original broken teeth, bad teeth with pulp cavity and false teeth are not counted; If traumatic loosening cannot be retained, refer to this clause. Thirteenth zygomatic fracture or maxillary fracture; The mouth opening caused by temporomandibular joint injury (the distance between upper and lower incisors) is less than 3 cm. Spacing refers to the vertical distance. Fourteenth facial soft tissue single wound length of 3.5 cm (3 cm for children), or wound cumulative length of 5 cm (4 cm for children) or maxillofacial penetrating injury. 1, refer to this article for full-thickness lip laceration; 2. For star-shaped wounds caused by trauma, the cumulative length is calculated according to the length of a single wound. Chapter III Injury of Limbs Article 21 The length of a single wound of skin and subcutaneous tissue of a limb reaches 10cm (8 cm for children) or the cumulative total length of the wound reaches 15cm (0/2 cm for children); Injury to sensory nerves, blood vessels and tendons, affecting their functions. If the length of the wound is greater than the length of the wound, it shall be calculated according to the length of the wound. Twenty-fourth foot injury, contracture deformity and limited joint activity, with reference to this article. Chapter IV Trunk and Perineal Injury Article 33 Rib fracture (except simple linear rib fracture). A simple linear fracture means that the displacement of the fracture end is less than 1/2. Thirty-sixth traumatic hematuria (erythrocyte microscopic examination >; 10/ high power field) for more than two weeks. 1, not just minor injuries in principle; 2. Within two weeks, the number of clinical hematuria examinations shall be no less than 4 times, and the red blood cells examined by microscope shall be larger than 10/ high power field of vision. Thirty-seventh perineal soft tissue contusion reached 65438 00 square centimeters (children's discretion) or hematoma can not be completely absorbed within two weeks. Children's perineal soft tissue contusion reaches 8 square centimeters, refer to this article. Article 38 Dysuria caused by penis contusion; Partial defect and deformity of penis; Scrotal avulsion, scrotal hematoma and hydrocele; Dislocation, torsion or atrophy of one testis. 1, blood of testis, spermatic cord and epididymis refer to this article. Thirty-ninth perineum, scrotum wound length 2 cm; The length of penis wound is 1 cm. 1. The length of the wound should be measured when the scrotum is slack and the penis is not erect. 2, scrotum open injury, penile penetrating injury refer to this article. Forty-third traumatic spinal fracture or dislocation; Traumatic disc herniation; Trauma affects spinal cord function and can be recovered in a short time. 1, short term refers to one month. 2, according to the "traumatic disc herniation" to identify minor injuries, must also have: confirm that the corresponding parts are directly or indirectly affected by violence; Confirm that there are no symptoms and signs of disc herniation before trauma; It must be confirmed by CT or MR imaging that there is disc herniation and there is no degenerative change in the bone of the corresponding vertebral body. Otherwise, you can only evaluate the injury relationship. Chapter V Other Injuries Article 45 Burns and scalds (1) account for more than 5% of the superficial body surface area (more than 3% for children); More than 2% of the depth II (children 1% or more); The third degree is above 0. 1%. The foreign body caused by the forty-eighth injury was calculated by palm method and remained in deep soft tissue. Deep soft tissue refers to deep muscle layer or joint cavity. Fiftieth multi-site soft tissue contusion shall be compared with twentieth. Multiple parts include head, face, neck, trunk and limbs. Fifty-first multiple soft tissue trauma, mutatis mutandis, twenty-first. If a single wound across or across multiple parts does not constitute a minor injury, the cumulative length of each part should be divided by the length of the minor injury according to the corresponding regulations, and then several ratios should be added up. If it is greater than or equal to 1, it constitutes a minor injury. Three. Opinions on the application of the relevant provisions of the Appraisal Standard for Serious Injury to Human Body (hereinafter referred to as the original provisions of the Appraisal Standard for Serious Injury to Human Body) Chapter II Limb Disability Article 7 Limb loss refers to one of the following circumstances: limb loss refers to a morphological change, which is generally permanent, but the limb is severed or only a small amount of skin is connected and survived by replantation, and the injury is determined according to the original injury. (3) Missing any two fingers and their connected metacarpals; The connected metacarpals are partially missing. (four) fifty percent of the foot or fifty percent of the heel is missing; Heel loss is based on calcaneal loss. (7) The first toe of any foot and its connected metatarsal bone are missing; The connected metatarsal bone is partially missing. (8) One foot is missing any three toes and their connected metatarsals except the first toe. The connected metatarsal bone is partially missing. Article 8 Although the limb is intact, it has lost its function, which means that it has one of the following circumstances: Loss of function (dysfunction) means that the range of motion of the joint is lost by more than 50%; The percentage of joint mobility loss refers to the percentage of the sum of joint mobility loss in all directions and the sum of normal mobility. (eight) metacarpal and phalangeal fractures affect the first-hand function and cannot hold fingers and objects; (nine) thumb contracture deformity, unable to point and hold things; (10) One hand is deformed by contracture of any other three fingers except the thumb, and it is impossible to stretch fingers and hold things; You can't point to anything. You can't point and take things with more than three fingers. Chapter III Appearance Damage Article 10 Eye damage refers to any of the following circumstances: (3) Eyelid damage significantly affects the face; Significantly affecting the face mainly refers to varus, valgus or eyelid insufficiency. Article 15 Injury of the upper, lower and temporomandibular joints refers to one of the following circumstances: (2) More than seven teeth are missing or broken; Tooth fracture refers to the exposure of pulp cavity; The original broken teeth, bad teeth with pulp cavity and false teeth are not counted; If traumatic loosening cannot be retained, refer to this clause. Article 16 Other facial disfigurement refers to one of the following situations: (1) Facial disfigurement has obvious massive scars, with a single area of more than 4 square centimeters, two areas of more than 7 square centimeters, and more than three total areas of more than 9 square centimeters, or obvious strip scars, with a single length of more than 5 centimeters, two cumulative lengths of more than 8 centimeters, and three cumulative total lengths of more than 10 centimeters, resulting in eyelids, nose, lips and lips. Obvious scar refers to the scar other than atrophic scar (flat and smooth in appearance, even slightly lower than the surrounding skin), such as hypertrophic scar, contracture scar, keloid and so on. Chapter IV Hearing loss must be diagnosed by electrophysiology, acoustic impedance and audiometry, and hearing loss should conform to the mechanism of trauma. Pure tone hearing was examined three months after injury, and the results of the two examinations were basically the same. Chapter V Blindness Article 19 Blindness caused by various injuries refers to one of the following situations: (1) blindness in one eye after injury; (2) After injury, binocular vision is low, and monocular vision is Grade 2. Should be based on the end of treatment, stable condition (generally more than three months after injury) vision examination shall prevail. It is considered that traumatic blindness should meet one of the following conditions: 1, trauma causes organic changes in eyeball structure; 2. The optic nerve has organic changes caused by trauma; 3. There is organic damage to the visual center. Twentieth visual field defect caused by eye trauma or craniocerebral injury (visual field radius less than 65438 00 degrees). Visual field defect should be examined more than twice, and the results are basically the same. Chapter VI Loss of Function of Other Organs Article 24 Irrecoverable aphonia and severe hoarseness caused by laryngeal trauma. Laryngeal injury includes recurrent laryngeal nerve injury and vocal cord injury. Twenty-seventh women with bilateral breast injuries lose the ability to breastfeed. This article is not applicable to menopausal women. Thirty-fifth penis injury caused by penis defect, serious deformity, resulting in serious dysfunction. 1, penile defect refers to the near absence of crown groove; 2. Severe dysfunction refers to dysuria or inability to have normal sexual life; 3, traumatic organic impotence refer to this article. Thirty-sixth testicular or vas deferens injury loss of reproductive capacity. Except for infertility before injury. Chapter VII Other Serious Harms to Human Health Section 1 Craniocerebral Injury Article 40 Open Craniocerebral Injury. 1. Open craniocerebral injury refers to the rupture of scalp, skull and dura mater, and the direct communication between the brain and the outside world, excluding simple internal open craniocerebral injury (skull base fracture) and simple pneumocranium. 2, no signs of central nervous system damage, cured by conservative treatment (including debridement and suture), this article is not applicable. Forty-first skull base fracture is accompanied by facial acoustic nerve injury or cerebrospinal fluid leakage for a long time. Long-term nonunion refers to cerebrospinal fluid leakage for more than three months. Forty-fourth epidural hematoma, subdural hematoma or intracerebral hematoma caused by craniocerebral injury. 1, should be accompanied by symptoms and signs of nervous system, or need surgery; 2, traumatic hydrocephalus, traumatic subdural effusion with nervous system symptoms and signs, refer to this article. Article 48 Traumatic epilepsy caused by craniocerebral injury. To be identified as traumatic epilepsy, you must have: 1. Intracranial organic injury that can lead to seizures; 2. Confirm that there is no seizure history before the injury, and there is a definite seizure after the injury; 3. EEG examination has specific EEG abnormalities consistent with the damaged part. Section 2 Neck Injury Article 54 Thyroid injury with recurrent laryngeal nerve injury leads to serious dysfunction. 1, thyroid or parathyroid gland injury, leading to serious dysfunction, need to rely on drugs to maintain, refer to this article; 2. Refer to Article 24 for injury of recurrent laryngeal nerve. Article 57 The neck injury causes foreign bodies to remain in the deep part of the neck, which affects the functions of corresponding tissues and organs. Neck depth refers to the adjacent trachea, esophagus, cervical vertebra and cervical spinal cord. Section 3 Chest Injury Article 58 Chest injury causes hemothorax or pneumothorax, resulting in dyspnea. If a chest injury requires thoracotomy, refer to this article. Article 65 Severe chest pressure leads to blood circulation disorder, respiratory movement disorder and intracranial hemorrhage. 1, symptoms and signs of shock must appear in blood circulation disorder, dyspnea must appear in respiratory movement disorder, and symptoms and signs of nervous system must appear in intracranial hemorrhage; 2. Severe abdominal crush injury, refer to this article. Section 4 Abdominal Injury Article 68 The liver, spleen, pancreas and other organs are ruptured; These organs form hematoma and abscess due to injury. Except hematoma and abscess absorbed after conservative treatment. Article 72 Abdominal injury causes hemoperitoneum and requires surgical treatment. Diaphragmatic hernia caused by traumatic diaphragmatic rupture needs surgical treatment. Refer to this article. Section 5 Pelvic Injury Article 78 The injury of a pregnant woman causes premature birth, stillbirth, early placental abruption, abortion complicated with hemorrhagic shock or serious infection. Severe infection refers to peritonitis, thrombophlebitis, septicemia, etc. Article 79 A young girl is seriously injured in her vulva or vagina. 1. Severe injury causes vulvar hematoma to reach 50% of perineum or vaginal soft tissue laceration of more than II degree; 2. Sharp instrument injury of vagina goes deep into the muscular layer, with the length exceeding 3 cm. Refer to this article. Section 7 Other Injuries Article 82 Burns and scalds. (1) adult burn area (excluding first-degree burn area, the same below) is more than 30% or 10% has three degrees; The total area of children is more than 10% or more than 5%. The area when burned and scalded shall prevail. The burn and scald area is lower than the above degree, but there are one of the following situations: 2. Poisoning by inhaling toxic gas; Symptoms and signs of poisoning must appear. 4. Complications lead to serious consequences; For serious consequences, please refer to the relevant provisions of this standard. Article 87 Injury leads to traumatic shock, hemorrhagic shock or septic shock. It must be based on serious injury, and this article does not apply to shock caused by delayed treatment of minor injuries. Eighty-eighth subcutaneous tissue bleeding range accounts for 30% of the body surface area; Bleeding of muscle and deep tissue with complications or severe dysfunction. The bleeding range of subcutaneous tissue must be attached with color photos and rulers.