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The degree of injury assessment is the theory and technology of medicine and forensic science.

Evaluation of damage degree

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The degree of injury assessment is the theory and technology of medicine and forensic science.

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Evaluation of damage degree

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Medical and Forensic Theory and Technology

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Qualified forensic expertise

Evaluation of damage degree

Evaluation of damage degree

According to the relevant provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, the General Principles of the Civil Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and the Regulations of the People's Republic of China on Administrative Penalties for Public Security, The theory and technology of forensic science, combined with the practical experience of prosecutions, supplement and supplement the content of the original "Human Body Injury Identification Standards", "Human Body Injury Identification Standards (Trial)" and "Human Body Injury Identification Standards" And adjustments to provide a scientific identification basis and a unified classification standard for the assessment of human injury. This standard is organized according to the order of anatomical damage and functional damage of each part.

Human injury refers to the destruction of the structural integrity of the body or the difference or loss of functions (including physiological and psychological functions). This standard divides the degree of human injury into three categories: serious injury, minor injury, and minor injury.

Severe injury refers to the disability or damage of the person's body; loss of hearing, vision, or other organ functions; other injuries that cause major harm to human health. Minor injuries are those that cause moderate damage to a person's limbs or appearance; impaired hearing, vision or other organ functions; other injuries that have moderate damage to human health. Minor injuries refer to minor damage to a person's limbs or appearance; slight or temporary impairment of hearing, vision or other organ functions; other injuries that have minor injuries to human health.

According to the severity of the injury, it is divided into severe injury first, severe injury two, and severe injury three; minor injury one, minor injury two, and minor injury three; minor injury one, minor injury two, a total of eight level.

Should follow the principle of seeking truth from facts, insist on a comprehensive analysis and comprehensive assessment based on the primary injury directly caused by the injury factor to the human body and the complications or sequelae caused by the injury.

For the assessment based on the primary injury and its complications, the assessment should be based on the injury at the time of the injury, combined with the consequences or outcome of the injury, and comprehensively evaluated. For the assessment based on the appearance damage or organ (brain, hearing, sight, etc.), and limb function damage, the assessment should be based on the consequences or outcome of the injury, combined with the injury at the time of the injury, and a comprehensive assessment.

For the coexistence of injury with previous injuries and diseases, the role of injury in causing existing consequences should be comprehensively analyzed, and the role of injury in causing existing consequences should be divided into complete effects, major effects, equal effects, minor effects, minor effects, and no effects. . For symmetrical organs, healthy organs on one side of the limbs and non-healthy organs on the other side, and damage to healthy organs on one side, the damage degree of the healthy organs should be explained in the assessment of the degree of damage, and The degree of damage is relatively more serious than that of one side of the bilateral healthy organs. When the non-healthy organ is injured on one side, the damage degree of the human body should be explained in the assessment of the degree of damage. And the degree of damage is relatively reduced compared to the damage to one side of the bilateral healthy organs; the damage to both organs at the same time is evaluated and explained according to the above principles.

For two or more kinds of injuries, the degree of damage should be evaluated separately, and the aggravating effects on human health caused by this should be explained.

The specific provisions of this standard shall be referred to, and the assessment shall be made separately in accordance with the different circumstances of the main basis for the assessment of the degree of injury in combination with judicial practice. The primary assessment is based on the primary injury, in principle, within 3 months. If the main assessment is based on damage to the appearance or damage to organs (brain, hearing, sight, etc.) and limb function, the consequences or outcome of the damage must be observed and detected, usually within 3 months to 6 months after the injury; Anything that is difficult, complicated, and temporarily unsure of the extent of the injury can be performed within 6 months after the end of treatment or stable condition. For those who are involved in appearance damage or functional damage before the assessment of the degree of damage, under special circumstances, pre-examination opinions (conclusions) can be made based on the direct comparison criteria of the primary damage and its complications, and the possible sequelae will be explained; When necessary, it can be re-inspected at the time of assessment of the degree of damage to make an identification conclusion.

The appraiser shall be a person who has the qualifications of a forensic expert in the corresponding profession; it may also be a person appointed by the judicial authority and hired by a deputy chief physician or more.

The appraiser has the right to request the client to provide the materials needed for appraisal. Have the right to understand the case related to the appraisal, check the file, read the medical records, and investigate the scene. Have the right to ask the parties about issues related to the appraisal. It has the right to conduct medical examinations and necessary special instrument examinations of the appraised persons in accordance with medical principles. The right to refuse the appraisal due to the limitation of expertise or the lack of appraisal materials.

The appraiser must follow the operating procedures, conduct comprehensive, detailed, scientific and objective inspections and make records. Appraisal conclusions must be made correctly and in a timely manner, and answers to questions related to appraisal raised by entrusted agencies. It must be evaded according to law, attend court proceedings in accordance with law, and keep the case secrets and personal privacy. Relevant materials entrusted for appraisal must be properly kept.