Legal analysis
1. Medical expenses: The medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost time: The lost time is determined according to the lost time and income of the victim. 3. Nursing expenses: The nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. 6. Nutrition fee: The nutrition fee is determined according to the disability of the victim and referring to the opinions of medical institutions. 7. Disability compensation: according to the degree or level of disability of the victim, the disability compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
legal ground
Article 17 of the Criminal Law of People's Republic of China (PRC) A person who has reached the age of 16 commits a crime and shall bear criminal responsibility. A person who has reached the age of 14 but is under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility. If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility. If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment shall be given a lighter or mitigated punishment. If a person is not given criminal punishment because he is under the age of sixteen, his parents or other guardians shall be ordered to discipline him; When necessary, carry out special corrective education according to law. Article 17 If a person who has reached the age of 75 intentionally commits a crime, he may be given a lighter or mitigated punishment; Whoever commits a crime negligently shall be given a lighter or mitigated punishment.