Article 2 A minor injury refers to a certain degree of damage or partial dysfunction of tissues and organ structures caused by various external factors such as physical, chemical and biological factors, but it does not constitute a serious injury and is not a minor injury.
Article 3 The determination of the degree of injury shall be based on the primary injury directly caused by external factors and its consequences, including the injury at the time of the injury, complications and sequelae caused by the injury, etc. , and comprehensive analysis and evaluation.
Subfascial hematoma of the fifth cap;
The area of scalp avulsion injury is 20 cm2 (children 10 cm2); The area of traumatic scalp defect is 65438±00 cm2 (5 cm2 for children).
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.
The seventh place is simple skull fracture.
Article 8 The head injury is diagnosed as a temporary disturbance of consciousness, and he is forgetful of recent events.
Article 9 Eye injuries
(a) eyelid injury affects the face or function;
(2) Simple orbital fracture;
(3) partial injury and dysfunction of lacrimal apparatus;
(four) part of the eyeball structure damage, affecting the face or function;
(5) Injury leads to decreased vision, and binocular corrected vision drops to 0. Below 7 (visual acuity decreased by 0. 2) above, the corrected visual acuity of one eye dropped below 0.5 (more than 0.3 than before injury); The original monocular vision was low, and the vision decreased by one level after injury.
Mild visual field defect;
(6) traumatic strabismus.
Tenth nasal trauma
(a) comminuted fracture of nasal bone, or linear fracture of nasal bone with obvious displacement;
(2) The nose injury obviously affects the appearance or function of the nose.
Eleventh ear injury
(a) auricle injury to obvious deformation; One auricle defect accounts for one ear 10%, or two auricles defects account for one ear15%;
(2) Traumatic perforation of tympanic membrane;
(3) External auditory canal stenosis caused by external auditory canal injury;
(4) Hearing loss in one ear is 4 1 dB, and hearing loss in both ears is 30 dB.
Article 12 Oral injury
(a) Oral and lip injuries affect the face, pronunciation or eating;
(two) more than two teeth fall off or break;
(3) Oral tissues and organs are damaged, which affects the function of language, chewing or swallowing;
(4) Salivary gland injury with dysfunction.
Thirteenth zygomatic fracture or maxillary fracture; The temporomandibular joint was damaged to an opening (the distance between the upper and lower incisors) less than 3 cm.
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.
Fifteenth facial trauma has obvious scars, with a single length of 3 cm or a cumulative length of 4 cm; A single area of 2 square centimeters or a cumulative area of 3 square centimeters; The pigment affecting the face changes by 6 square centimeters.
Sixteenth facial nerve injury causes partial facial paralysis, which affects face and function.
Seventeenth neck soft tissue single wound length of 5 cm or cumulative wound length of 8 cm.
Does not meet the provisions of the preceding paragraph but has motor dysfunction.
Article 18 neck injury shows signs of suffocation.
Nineteenth neck injury and thyroid, throat, trachea or esophagus.
Limb injury
Twentieth limb soft tissue contusion accounts for more than 6% of the total body surface area.
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.
Twenty-second traumatic skin defects need skin grafting.
Article 23 Hand injuries
(1) 1 comminuted fracture of phalanges (excluding the 2nd to 5th phalanges) or linear fracture of 2 phalanges;
(2) lack of half a knuckle;
(3) Mild contracture, deformity, limited joint movement or lateral instability after injury;
(four) scaphoid fracture, lunate dislocation or complete metacarpal fracture.
Article 24 foot injury
(1) phalangeal fracture;
(2) 1 toe joint loss;
(3) Fracture of two common bones; Fracture of tarsal bone, talus and calcaneus; Ankle fracture or tarsal dislocation. Except for the avulsion fracture.
Twenty-fifth limbs long bone fracture; Epiphyseal fracture.
Twenty-sixth major joint dislocation, partial tear of joint ligament, meniscus injury or scar contracture after limb soft tissue injury lead to joint dysfunction.
Trunk and perineum injuries
Twenty-seventh trunk soft tissue contusion according to article twentieth.
Article 28 Trunk wounds shall be treated according to Article 21.
Twenty-ninth trunk penetration did not hurt internal organs or important blood vessels and nerves.
Thirtieth chest trauma caused by pneumothorax, hemothorax or large area of simple subcutaneous emphysema, no breathing difficulties.
Article 31 the chest is squeezed and there are signs of suffocation.
Thirty-second scapula, clavicle or sternum fracture; Dislocation of sternoclavicular joint or acromioclavicular joint.
Article 33 Fracture of ribs (except simple linear fracture of ribs).
Thirty-fourth female breast injury leads to obvious deformation or partial loss of one breast; Injury of mammary duct in one breast.
Thirty-fifth closed abdominal injury is diagnosed as stomach, intestine, liver, spleen or pancreas injury.
Thirty-sixth traumatic hematuria (erythrocyte microscopic examination >; 10/ high power field) for more than two weeks.
Thirty-seventh perineal soft tissue contusion reached 65438 00 square centimeters (children's discretion) or hematoma can not be completely absorbed within two weeks.
Article 38 Dysuria caused by penis contusion; Partial defect and deformity of penis, scrotal avulsion injury, scrotal hematoma and hydrocele; Dislocation, torsion or atrophy of one testis.
Thirty-ninth perineum, scrotum wound length 2 cm; The length of penis wound is 1 cm.
Fortieth traumatic anal fissure, anal fistula or anal canal stenosis.
Article 41 Vaginal laceration, uterus or accessory injury.
Forty-second due to dystocia caused by abortion of pregnant women.
Forty-third traumatic spinal fracture or dislocation; Traumatic disc herniation; Trauma affects spinal cord function and can be recovered in a short time.
Article 44 Pelvic fracture.
Article 45 Burns and scalds
(a) burns occupy 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%.
(two) more than second degree burns to the head, hands and perineum, which affect the appearance, appearance or activity function.
(3) Burn and scald of respiratory tract.
Forty-sixth frostbite according to the relevant provisions of this standard.
Article 47 Electrical burns are accompanied by disturbance of consciousness or general convulsions.
Article 48 Foreign bodies caused by trauma remain in deep soft tissues.
Forty-ninth kinds of injuries and bleeding before shock symptoms and signs.
Fiftieth multi-site soft tissue contusion shall be compared with twentieth.
Fifty-first multiple soft tissue trauma, mutatis mutandis, twenty-first.
Fifty-second other physical, chemical and biological injuries, resulting in slight damage to human tissues and organs or partial dysfunction, shall be implemented by referring to the relevant provisions of this standard.
The above are the standards of minor injuries, and the standards of injuries in different parts are different.
Extended data:
Conditions for determining the crime of intentional injury:
First, the object elements
The object of infringement is the health right of others. The so-called body right refers to the personality right of natural persons, and its content is to maintain the integrity of their limbs, organs and other tissues. It should be noted that it infringes on the body rights of others, so intentionally hurting one's own body is generally not considered a crime.
Self-mutilation can only constitute a crime if it violates the relevant criminal law norms in order to harm social interests. For example, a soldier who injures himself in wartime and evades performing his military service obligations shall be investigated for criminal responsibility in accordance with Article 434 of the Criminal Law.
Second, objective factors.
Objectively, it is an act of illegally damaging others' bodies.
1. Do something harmful to others' health.
There are two ways to endanger the health of others: positive inaction and negative inaction.
The former is like punching and kicking, cutting and shooting with a knife, beating stones with sticks, boiling water and scalding. The latter, such as the nanny who is responsible for protecting young children, is irresponsible. Seeing a child stabbing himself with a knife, he still ignores it, and as a result, the child will stab himself blind, which can constitute this crime.
It can be carried out by oneself, by minors, mental patients and other people, and by domestic animals such as poisonous snakes and German shepherd dogs. It can not only damage the appearance of the human body, but also damage the internal tissues and organs and hinder its normal functional activities.
In short, whether it is directly or indirectly carried out by myself, no matter what part it is aimed at and what way it is taken, as long as it can intentionally cause personal health harm to others, it can constitute the crime of intentional injury.
2. It must be illegal to harm others' health.
If a certain injury behavior is permitted by law, it cannot constitute intentional injury, such as self-defense causing unnecessary injury, and doctors amputating patients to treat diseases. Whether the injury agreed by the victim is legal or not should be analyzed in detail. If the victim's consent is to achieve the purpose of endangering society, this consent cannot rule out the illegality of the injury;
If this consent is for the benefit of society, the illegality of others' injury behavior can be ruled out. Whether the injury behavior in intense antagonistic sports is legal or not should also be analyzed in detail.
If this kind of injury itself is allowed by the rules of sports, this kind of injury can generally not be considered as an illegal act in criminal law. For example, in a football match, the action that causes injury according to the "reasonable collision rule" is generally not recognized as the crime of injury; If the action in the game is rude and obviously violates the requirements of the rules and intentionally hurts others' bodies, it should also be punished as intentional injury.
3. The act of hurting others' bodies must cause some damage to others' bodies in order to constitute the crime of intentional injury.
If it's just general punching, kicking, pulling and tearing, it won't cause harm, so it can't be punished as intentional injury.
The results of injury can be varied, some of which destroy the integrity of other people's organizations, such as biting off the nose and cutting off hands and feet; Some damage the normal functions of other organs, such as hearing, vision, taste loss, mental disorders and so on.
But in terms of the severity of the result, there are three forms, namely, minor injury, serious injury or death. If the injury does not cause more than minor injuries, it does not reach the injury level, or even if it does, it is a minor injury and cannot be punished as intentional injury.
The so-called minor injury refers to a certain degree of damage or partial dysfunction of tissues and organ structures caused by physical, chemical, biological and other external factors, which does not constitute a serious injury but does not belong to a minor injury. Identification should be based on the primary damage directly caused by external factors and its consequences, including the injury at the time of injury, complications and sequelae caused by injury, etc.
The so-called serious injury refers to physical disability or disfigurement, loss of hearing, vision or other organ functions, and other injuries that have great harm to personal health.
Third, the main content
The subject of the crime of intentional injury is the general subject. Any natural person who reaches the age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of intentional injury. Among them, a natural person who has reached the age of 14 but has not reached the age of 16 shall bear criminal responsibility for intentional injury that causes serious injury or death. Those who cause minor injuries must be 16 years old to constitute the crime of intentional injury.
Fourth, subjective factors.
The crime of intentional injury is subjectively intentional. That is, the actor knows that his behavior will cause harm to the health of others, and hopes or lets this happen. In general, the actor may not have a clear understanding and pursuit of the degree of harm that his injury behavior can cause to the victim in advance.
No matter how much the result is, it is within subjective intention. Therefore, it is generally possible to determine whether it is intentional minor injury or intentional serious injury according to the actual injury results. The crime of intentional minor injury still has the problem of attempted crime. However, if the intention of serious injury is obvious, such as an attempt to severely disfigure, and the behavior that has been carried out fails due to reasons other than will, even if no actual injury is caused, it should be convicted and sentenced for the crime of intentional serious injury (attempted).
In the case of intentional injury causing death, the actor subjectively has a mixed criminal form, that is, there are both intentional injury and negligence causing death, which is the main symbol to distinguish intentional injury from intentional homicide and intentional injury from negligence causing death.
Baidu encyclopedia-human minor injuries identification standard