And the applicable opinions of the relevant provisions of the "Identification Standard for Serious Human Injury"?
In order to protect the legitimate rights and interests of citizens, standardize the specific application of appraisal standards by public security organs 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), the Appraisal Standards for Minor Injuries and Serious Injuries and related judicial interpretations, two "standards" are applicable. ?
First, about the basic application principles of "Identification Standard for Minor Human Injuries (Trial)" and "Identification Standard for Serious Human Injuries"
(1) The injuries mentioned in the appraisal standards for minor injuries and serious injuries refer to organic injuries. 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 provisions, 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.
Two, about the applicable opinions of the relevant provisions of the "human minor injury appraisal standard (Trial)" (the following italics are the original provisions in the "human minor injury appraisal standard (Trial)")
Chapter II Head and Neck Injury?
Subfascial hematoma of the fifth cap; ?
Applicable opinion: 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. ?
Applicable opinions: If the wounds and scars across the head and face do not constitute minor injuries alone, the cumulative length of the head and face should be divided by the corresponding regulations to constitute minor injuries, and then the two data should be added up. Greater than or equal to 1 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. ?
Applicable opinion: 1, skull fracture was diagnosed mainly 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. ?
Applicable opinion: 1. In principle, this article shall not be 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. ?
Ninth eye injury?
Applicable opinions: Visual function should be based on the examination after treatment and the injury is stable (it should be corrected vision), and the appraisal time should be no less than three months after injury. ?
(a) eyelid injury affects the face or function; ?
Applicable opinion: refers to those who leave obvious strip scars after treatment or cause entropion, ectropion, blepharoptosis and eyelid closure insufficiency. ?
(2) Mild visual field defect; ?
Applicable opinion: visual field defect should be examined more than twice, and the results are basically the same. ?
Tenth nose injury?
(a) comminuted fracture of nasal bone, or linear fracture of nasal bone with obvious displacement; ?
Applicable opinion: 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. ?
Applicable opinion: the nose injury obviously affects the nose shape, indicating that the nose is defective or still collapses after repair. ?
Eleventh ear injury?
(a) auricle injury caused obvious deformation; One auricle defect is one ear 10%, or the cumulative auricle defect on both sides is one ear15%; ?
Applicable opinions: Defects should be measured by drawing paper method. ?
(4) Hearing loss in one ear is 4 1 dB, and hearing loss in both ears is 30 dB.
Applicable opinions: the diagnosis must be made by electrophysiology, acoustic impedance and audiometry, and the hearing loss should conform to the trauma mechanism;
Pure tone hearing was examined three months after injury, and the results of the two examinations were basically the same. ?
Article 12 Oral injury?
(two) more than two teeth fall off or break; ?
Applicable opinions: 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. ?
Applicable opinion: 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. ?
Applicable opinions: 1, refer to this article for full-thickness laceration of lips; 2. For star-shaped wounds caused by trauma, the cumulative length is calculated according to the length of a single wound. ?
Chapter III Limb Injury?
Twenty-first limb skin and subcutaneous tissue single wound length is 65438 00 cm (8 cm for children) or total wound length is 65438 05 cm (65438 02 cm for children); Injury to sensory nerves, blood vessels and tendons, affecting their functions. ?
Applicable opinion: If the wound length is greater than the wound length, it shall be calculated according to the wound length. ?
Article 24 foot injury?
Applicable opinions: Foot injury leads to contracture deformity and limited joint activity, refer to this article. ?
Chapter iv trunk and perineum injuries?
Article 33 Fracture of ribs (except simple linear fracture of ribs). ?
Applicable opinion: Simple linear fracture means that the displacement of fracture end is less than 1/2. ?
Thirty-sixth traumatic hematuria (erythrocyte microscopic examination >; 10/ high power field) for more than two weeks. ?
Applicable opinion: 1. In principle, minor injuries should not be defined only by this article; 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. ?
Applicable opinion: If the perineal soft tissue contusion of children 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. ?
Applicable opinion: 1. See this article for hemospermia of testis, spermatic cord and epididymis. ?
Thirty-ninth perineum, scrotum wound length 2 cm; The length of penis wound is 1 cm.
Applicable opinion: 1. The wound length 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. ?
Applicable opinion: 1, short term means one month. 2, according to the "traumatic disc herniation" identification of minor injuries, but also must 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 Burn or scald?
(1) Does the burn occupy the body surface area?
More than 5% of shallow degree II (more than 3% of children); ?
More than 2% of the depth II (children 1% or more); ?
The third degree is above 0. 1%. ?
Applicable opinion: calculate by palm method?
Article 48 Foreign bodies caused by trauma remain in deep soft tissues. ?
Applicable opinion: Deep soft tissue refers to deep muscle layer or joint cavity. ?
Fiftieth multi-site soft tissue contusion shall be compared with twentieth. ?
Applicable opinions: multiple parts include head, face, neck, trunk and limbs. ?
Fifty-first multiple soft tissue trauma, mutatis mutandis, twenty-first. ?
Applicable opinions: If a wound that spans different parts or multiple parts alone does not constitute a minor injury, the cumulative length should be divided by the length that constitutes a minor injury according to different parts, and then several proportions should be added up. Greater than or equal to 1 constitutes a minor injury.
3. Opinions on the application of the relevant provisions of the Appraisal Standard for Serious Human Injury (the following italics are the original provisions of the Appraisal Standard for Serious Human Injury)?
Chapter II Physical Disability?
Seventh limb loss refers to one of the following circumstances:
Applicable opinion: limb amputation refers to morphological changes, which are generally permanent. However, if the limb is severed or only a small amount of skin is replanted to survive, the injury should be determined according to the original injury. ?
(3) Missing any two fingers and their connected metacarpals; ?
Applicable opinion: the connecting metacarpal part is missing. ?
(four) fifty percent of the foot or fifty percent of the heel is missing; ?
Applicable opinion: heel defect is subject to heel defect. ?
(7) The first toe of any foot and its connected metatarsal bone are missing; ?
Applicable opinion: the connected metatarsal bone is partially missing. ?
(8) One foot is missing any three toes and their connected metatarsals except the first toe. ?
Applicable opinion: the connected metatarsal bone is partially missing. ?
Eighth limbs are in good condition, but they have lost their function, which means one of the following circumstances:
Applicable opinions: functional loss (dysfunction) refers to the loss of joint mobility 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; ?
Applicable opinion: you can't point and hold objects. You can't point and hold the object with more than three fingers. ?
Chapter three disfigurement?
Article 10 Eye injury refers to one of the following situations:
(3) Eyelid injury significantly affects the face; ?
Applicable opinions: the significant influence on the face mainly refers to entropion, ectropion or eyelid insufficiency. ?
Article 15 The destruction of maxilla, mandible and temporomandibular joint refers to one of the following situations:
(two) more than seven teeth fall off or break; ?
Applicable opinions: 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. ?
Sixteenth other appearance damage refers to one of the following circumstances:
(1) facial trauma left obvious massive scars, with a single area of more than 4 square centimeters, two areas of more than 7 square centimeters, three or more total areas of more than 9 square centimeters, or left 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, which caused disfigurement or function of eyelids, nose, lips, cheeks and other parts. ?
Applicable opinions: Obvious scars refer to scars other than atrophic scars (flat and smooth in appearance, even slightly lower than the surrounding skin), such as hypertrophic scars, contracture scars, keloids, etc. ?
Chapter IV Hearing Loss
Applicable opinions: the diagnosis must be made by electrophysiology, acoustic impedance and audiometry, and the hearing loss should conform to the trauma mechanism; 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 Vision loss caused by various injuries refers to one of the following circumstances:
(a) after the injury, one eye is blind; ?
(2) After injury, binocular vision is low, and monocular vision is Grade 2. ?
Applicable opinion: The condition is stable (generally more than three months after injury) by visual inspection after treatment. 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). ?
Applicable opinion: 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 Laryngeal trauma causes irrecoverable aphonia and severe hoarseness. ?
Applicable opinions: Laryngeal injury includes recurrent laryngeal nerve injury and vocal cord injury. ?
Twenty-seventh women with bilateral breast injuries lose the ability to breastfeed. ?
Applicable opinion: This article is not applicable to menopausal women. ?
Thirty-fifth penis injury caused by penis defect, serious deformity, resulting in serious dysfunction. ?
Applicable opinions: 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. ?
Applicable opinion: Except for infertile patients before injury. ?
Chapter VII Other Major Harms to Human Health?
Section 1 Craniocerebral injury?
Article 40 Open craniocerebral injury. ?
Applicable opinion: 1. Open craniocerebral injury refers to the rupture of scalp, skull and dura mater, and the brain is directly connected with 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.
Applicable opinion: Long-term non-recovery refers to cerebrospinal fluid leakage for more than three months. ?
Forty-fourth epidural hematoma, subdural hematoma or intracerebral hematoma caused by craniocerebral injury. ?
Applicable opinions: 1, which should be accompanied by symptoms and signs of nervous system, or need surgical treatment; 2, traumatic hydrocephalus, traumatic subdural effusion with nervous system symptoms and signs, refer to this article.
Article 48 Traumatic epilepsy caused by craniocerebral injury. ?
Applicable comments: there must be: 1. There are organic injuries in the brain, which 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. ?
Neck injury in the second quarter?
Fifty-fourth thyroid injury accompanied by recurrent laryngeal nerve injury caused serious dysfunction. ?
Applicable opinions: 1, thyroid or parathyroid 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.
Applicable opinions: the deep part of the neck refers to the part adjacent to the trachea, esophagus, cervical vertebra and cervical spinal cord. ?
Chest injury in the third quarter?
Article 58 chest injury leads to hemothorax or pneumothorax, and dyspnea occurs. ?
Applicable opinions: If chest injury requires thoracotomy, please refer to this article. ?
Article 65 Severe chest pressure leads to blood circulation disorder, respiratory movement disorder and intracranial hemorrhage. ?
Applicable opinions: 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. ?
Abdominal injury in the fourth quarter?
Sixty-eighth liver, spleen, pancreas and other organs rupture; These organs form hematoma and abscess due to injury. ?
Applicable opinions: excluding hematoma and abscess absorbed after conservative treatment. ?
Article 72 Abdominal injury causes hemoperitoneum and requires surgical treatment. ?
Applicable opinion: For diaphragmatic hernia caused by traumatic diaphragmatic rupture, please refer to this article if surgical treatment is needed. ?
Section 5 Pelvic injury?
Article 78 The injury of a pregnant woman causes premature delivery, stillbirth, early placental abruption, abortion complicated with hemorrhagic shock or serious infection. ?
Applicable opinions: Severe infection refers to peritonitis, thrombophlebitis and septicemia. ?
Article 79 A young girl is seriously injured in her vulva or vagina. ?
Applicable opinion: 1. Severe injury causes vulvar hematoma to reach 50% of perineum or vaginal soft tissue laceration above ⅱ degree; 2. Sharp instrument injury of vagina penetrates 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%. ?
Applicable opinion: the area of burn and scald shall prevail. ?
The burn and scald area is lower than the above degree, but in any of the following circumstances:
2. Poisoning by inhaling toxic gas; ?
Applicable opinions: Symptoms and signs of poisoning must appear. ?
4. Complications lead to serious consequences; ?
Applicable opinions: If the consequences are serious, refer to the relevant provisions of this standard. ?
Article 87 Injury leads to traumatic shock, hemorrhagic shock or septic shock. ?
Applicable opinions: serious injury must be the premise, 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. ?
Applicable opinions: the bleeding range of subcutaneous tissue must be accompanied by color photos and scales.
Cc: General Office of the Provincial Party Committee, General Office of the Provincial Government, Political and Legal Committee of the Provincial Party Committee, Internal Affairs and Judicial Committee of the Provincial People's Congress. Legislative Affairs Office of the provincial government and Provincial Archives Bureau. Provincial court leaders and relevant departments. Provincial procuratorate leaders and relevant departments. The provincial public security department is led by relevant departmental units.