This standard is based on Criminal Law of People's Republic of China (PRC), Criminal Procedure Law of People's Republic of China (PRC), General Principles of Civil Law of People's Republic of China (PRC), Civil Procedure Law of People's Republic of China (PRC), Regulations of the People's Republic of China on Administrative Penalties for Public Security, etc. , using the theory and technology of medicine and forensic medicine, combined with the practical experience of case inspection. On the basis of summarizing and connecting the contents of the original "Appraisal Standard for Serious Human Injury", "Appraisal Standard for Minor Human Injury (Trial)" and "Appraisal Standard for Minor Human Injury", it is supplemented, adjusted and graded, which provides a scientific basis and unified standard for evaluating the degree of human injury.
This standard refers to the international classification of the International Classification of Functioning, Disability and Health (ICF) of the World Health Organization, and the principles and benchmarks of disability classification in the United States, Britain, Japan and other countries.
The relevant standards referred to in this standard are formulated by the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security.
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice have formulated the Criteria for Appraisal of Serious Injuries, the Criteria for Appraisal of Minor Injuries (for Trial Implementation), China People and the Ministry of Public Security have formulated the Criteria for Appraisal of Injuries and Occupational Diseases of Workers in People's Republic of China (PRC), the Criteria for Appraisal of Disability Degree of People Injured in Road Traffic Accidents, the Criteria for Working Days Lost in Accidents, and the Criteria for Appraisal of China Practical Disability (for Trial Implementation) formulated by China Disabled Persons' Federation.
The appendix of this standard is the appendix of the standard.
This standard is proposed by the Ministry of Justice.
Drafting unit of this standard: Institute of Judicial Science and Technology, Ministry of Justice, People's Republic of China. Participating units: People's Republic of China (PRC) the Supreme People's Court Judicial Appraisal Center, the Supreme People's Procuratorate Procuratorial Science Information Research Center of the People's Republic of China, Material Evidence Appraisal Center of the Ministry of Public Security of the People's Republic of China, School of Basic Medicine and Law of Sichuan University, Forensic Technology Department of Shanghai Higher People's Court, Technology Department of Shandong People's Procuratorate, Medical College of South China University, etc.
The main drafters of this standard are: Wu Jun,,, Liu Aiyang,, Shu Yongkang,, Xiao, Qiu Shengdong, Zou Zhihong and Xiong.
Identification standard of human injury degree
1 range
This standard specifies the principles, methods, contents and classification of human injury assessment.
This standard is applicable to the cases of "intentionally hurting others' bodies", "causing serious injuries" and "including causing serious disabilities" as stipulated in the Criminal Law of People's Republic of China (PRC).
) and the Regulations of the People's Republic of China on Administrative Penalties for Public Security.
2 reference standard
The clauses contained in the following standards constitute the clauses of this standard by reference in this standard. At the time of publication of this standard, all versions shown are valid. All standards will be revised, and the latest version of the following standards should be cited when using this standard.
GB/T 15499- 1995 working day standard for accidental injury and loss.
Gb/t16180-1996 identification of the degree of disability caused by work-related injuries and occupational diseases.
GB 18667-2002 Disability Assessment of Injured Persons in Road Traffic Accidents
3 General rules
3. 1
According to the relevant provisions of the Criminal Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC), the General Principles of the Civil Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC) and the Regulations of the People's Republic of China on Administrative Penalties for Public Security, applying the theories and techniques of medicine and forensic medicine, and combining with the practical experience of case investigation, on the basis of summing up and connecting the contents of the original Appraisal Standards for Serious Injuries, Minor Injuries and Minor Injuries. This standard is arranged according to the order of anatomical injury and functional injury of each part.
3.2
Human injury refers to the destruction of the integrity of the body structure or the difference or loss of functions (including physiological functions and psychological functions). The standard divides the degree of human injury into three categories: serious injury, minor injury and minor injury.
3.2. 1 Serious injury means that the person is physically disabled or disfigured; Loss of hearing, vision or other organ functions; Other injuries that are harmful to personal health.
3.2.2 Minor injury refers to moderate damage to human limbs or appearance; Hearing, vision or other organ dysfunction; Other injuries with moderate harm to personal health.
3.2.3 Minor injuries refer to minor injuries to human limbs or appearance; Hearing, vision or other organ functions are slightly or temporarily impaired; Other injuries that are slightly harmful to personal health.
3.3
According to the severity of the injury, it is divided into serious injury level 1, serious injury level 2 and serious injury level 3. Minor injury level 1, minor injury level 2 and minor injury level 3; Minor injury level 1, minor injury level 2, * * * level 8.
3.4 Assessment of Damage Degree
3.4. 1
We should follow the principle of seeking truth from facts, and insist on comprehensive analysis and evaluation based on the primary injury directly caused by injury factors and the complications or sequelae caused by injury.
3.4. 1. 1
If the evaluation is based on the primary injury and its complications, a comprehensive evaluation should be made on the basis of the injury at that time, supplemented by the consequences or outcomes of the injury.
3.4. 1.2
For those with external injuries or organs (brain, auditory devices, visual devices, etc. ) or limb function damage as the evaluation basis, the evaluation should be based on the consequences or outcomes of the injury, supplemented by the injury situation at that time, to conduct a comprehensive evaluation.
3.4.2 Injury coexists with previous injuries.
3.4.2. 1
For the coexistence of injury and previous injuries, we should comprehensively analyze the role of injury in leading to the existing consequences, and divide the role of injury in leading to the existing consequences into complete role, main role, equal role, secondary role, minor role and no role.
3.4.2.2
For symmetrical organs, healthy organs on one side of the limb coexist with unhealthy organs on the other side, and one healthy organ is damaged. When evaluating the degree of damage, it should be explained that the damage to human health is aggravated, and the damage degree is more serious than that of one healthy organ on both sides. When one non-healthy organ is damaged, when evaluating the damage degree, it should be explained that the damage to human health is aggravated, and the damage degree is relatively smaller than that of one side of the healthy organs on both sides; Bilateral organs are damaged at the same time, and the evaluation and explanation are made according to the above principles.
3.4.3 For two or more kinds of injuries (types), the degree of injuries should be evaluated respectively, and the aggravated impact on human health caused by them should be explained.
3.5 Assessment opportunity of damage degree
3.5. 1 shall be determined by referring to the specific provisions of this standard, depending on the different situations of the main basis of damage assessment and combining with judicial practice.
3.5.2 In principle, the primary injury should be evaluated within 3 months.
3.5.3
Anyone who takes physical injuries or organs (brain, auditory devices, visual devices, etc.). ) or limb function damage as the main assessment basis, and it is necessary to observe and detect the consequences or outcomes of the injury, generally within 3 to 6 months after the injury; Any difficult, complicated and uncertain injury degree can be carried out within 6 months after the end of treatment or after the state is stable.
3.5.4
In special cases, preliminary examination opinions (conclusions) can be made according to the primary injury and its complications, and the possible sequelae can be explained; When necessary, it can be re-examined when the damage degree is evaluated, and an appraisal conclusion can be made.
3.6 Qualification of appraisers
3.6. 1 The appraiser shall be a person with corresponding expertise in judicial expertise; Can also be appointed by the judicial organs, hire deputy chief physician or above.
3.7 Rights of appraisers
3.7. 1 Have the right to request the entrusting party to provide the information needed for the evaluation.
3.7.2 Have the right to know about the appraisal, consult the case files, medical records and explore the site.
3.7.3 Have the right to ask the parties questions related to appraisal.
3.7.4 Have the right to conduct physical examination and necessary special instrument examination for the assessed according to medical principles.
3.7.5 Have the right to refuse the appraisal due to the limitation of professional knowledge or insufficient appraisal data.
3.8 Obligations of appraisers
3.8. 1 Observe the operating procedures, conduct comprehensive, meticulous, scientific and objective inspections, and make records.
3.8.2 Make the appraisal conclusion correctly and timely, and answer the questions related to the appraisal raised by the entrusting organ.
3.8.3 Avoid according to law, appear in court to participate in litigation according to law, and keep the case secret and personal privacy.
3.8.4 Keep the relevant materials of entrusted evaluation properly.
4. Brain, spinal cord and peripheral nerve injuries
4. 1 serious injury level 1
4. 1. 1 Primary brain stem injury, persistent coma with brain removal.
4. 1.2 secondary brain stem injury, persistent coma with denervated rigidity, or with denervated state.
4. 1.3 quadriplegia caused by injury (muscle strength above three limbs but below grade 2)
4. 1.4 paraplegia (muscle strength below grade 2) caused by injury.
4. 1.5 Severe dyskinesia and limb paralysis without injury.
4. 1.6
Mental retardation caused by craniocerebral injury, IQ evaluation reference value below 20, complete dependence on daily life, social function damage (extremely severe), speech function loss, lasting for 6 months.
4.2 serious injury level 2
4.2. 1 Persistent coma caused by primary brain stem injury or secondary brain stem injury
4.2.2 quadriplegia caused by injury, with muscle strength below Grade 4.
4.2.3 After the injury, two or three limbs are left paralyzed, and the muscle strength is below Grade 3.
4.2.4 One limb paralysis caused by injury, with muscle strength below Grade 2.
4.2.5 Most injured hands are paralyzed, and their muscle strength is below Grade 2.
4.2.6 Paralysis of lower limbs due to injury, with muscle strength below Grade 2.
4.2.7 Moderate dyskinesia, no limb paralysis left by injury.
4.2.8 Complete sensory aphasia or mixed aphasia occurs in special cortical dysfunction.
4.2.9
Mental retardation caused by craniocerebral injury, the reference value of IQ evaluation is between (2 1-34), daily life is obviously dependent, social function is seriously damaged, speech function is seriously damaged, and effective language communication cannot be carried out for 6 months.
4.2. 10
Psychotic disorder caused by craniocerebral injury, psychotic symptoms often lead to dangerous or impulsive behavior, which poses a serious threat to the personal safety of oneself or others, and the social function is damaged (seriously) for 6 months.
4.2. 1 1 Dysfunction of defecation and defecation left by injury (severe)
4.2. 12 Post-traumatic epilepsy is still difficult to control after 1 year of standardized drug treatment.
4.2. 13 balance function is impaired, walking with eyes open is difficult, and feet cannot stand.
4.3 serious injury level 3
4.3. 1 Scalp avulsion injury area is more than 75cm2, completely isolated.
4.3.2 Open skull fracture with dural rupture.
4.3.3 Skull base fracture with cerebrospinal fluid leakage lasting for more than 4 weeks, or accompanied by injured lateral paralysis, or hearing loss of the affected side.
4.3.4 Brain contusion (fissure) accompanied by nervous system symptoms and positive signs.
4.3.5 Grade II —— Severe neurological dysfunction caused by brain nerve injury, which cannot be recovered after 6 months (unless otherwise specified in this standard).
4.3.6 Intracranial hemorrhage presents symptoms and positive signs of brain compression.
4.3.7 Within 3 weeks after craniocerebral injury, the imaging showed that the supratentorial hematoma reached 30mL (temporal hematoma reached 20mL), or the infratentorial hematoma reached 10mL.
4.3.8 Chronic intracranial hematoma has surgical indications.
4.3.9 Traumatic subarachnoid hemorrhage with neurological symptoms and positive signs.
4.3. 10 Incomplete injury of important peripheral nerve trunk with objective signs of burning neuralgia.
4.3. 1 1 Injury leads to single limb paralysis, with muscle strength below grade 4.
4.3. 12 After the injury, most of the muscles in one hand were paralyzed, and the muscle strength was below grade 3.
4.3. 13 Most of the patients were paralyzed by injury, and their muscle strength was below grade 4.
4.3. 14 injured the left foot completely, and the muscle strength was below grade 3.
4.3. 15 injured left bipedal paralysis, with muscle strength below grade 4.
4.3. 16 paraplegia caused by mild dyskinesia without injury.
4.3. 17 Special cortical dysfunction presents complete expressive (motor) aphasia, complete apraxia, agraphia, alexia or agnosia.
4.3. 18 mental retardation caused by craniocerebral injury, the reference value of IQ evaluation is between (35-49), people need help in daily life, and the social function damage (moderate) lasts for 6 months.
4.3. 19 mental disorder caused by craniocerebral injury, with obvious psychotic symptoms, needing help in daily life and moderate damage to social function, lasting for 6 months.
4.3.20 Brain trauma leads to memory impairment, the memory quotient evaluation reference value is below 35, people need help in daily life, and the social function damage (moderate) lasts for 6 months.
4.3.2 1 Posttraumatic epilepsy can be controlled by standardized drug treatment 1 year.
4.3.22 Traumatic intracranial venous sinus thrombosis
4.3.23 Traumatic brain abscess
4.3.24 Posttraumatic hydrocephalus has surgical indications.
4.3.25 Traumatic subdural effusion with neurological symptoms and positive signs.
4.3.26 Traumatic intracranial aneurysm has surgical indications.
4.3.27 Traumatic cerebral infarction with neurological symptoms and positive signs.
4.3.28 Traumatic carotid cavernous fistula
4.3.29 Post-traumatic hypothalamic syndrome
4.3.30 traumatic diabetes insipidus
4.3.3 1 Defecation or urination dysfunction (severe), or defecation and urination dysfunction (mild)
4.4 minor injury level 1
4.4. 1 secondary infection of scalp hematoma, or surgical indications.
4.4.2 Scalp sharp instrument injury, the cumulative length of the wound is more than 20cm.
4.4.3 Blunt scalp trauma, with cumulative wound length greater than 16cm.
4.4.4 The cumulative length of sharp and blunt scalp injuries is greater than 18cm.
4.4.5 Scalp avulsion injury area is greater than 50cm2.
4.4.6 The area of traumatic scalp defect is more than 24cm2.
4.4.7 comminuted fracture of skull depression, the depression depth is greater than 65438±0cm.
4.4.8 Chronic intracranial hematoma
4.4.9 Upper trunk, lower trunk or brachial plexus injury
4.4. 10 Fracture of median nerve and ulnar nerve of upper arm.
4.4. 1 1 high sciatic nerve rupture
4.4. 12 Incomplete aphasia caused by special cortical dysfunction
4.4. 13 mental retardation caused by craniocerebral injury, the reference value of IQ evaluation is
(50-69 years old), basic self-care in daily life, impaired social function (mild), impaired ability to understand and use speech.
4.4. 14
Craniocerebral injury leads to memory impairment, and the reference value of memory quotient evaluation is between (36-49). People can basically take care of themselves in daily life, and their social function is impaired (slightly) for 6 months.
4.4. 15 Craniocerebral injury leads to personality changes, social function damage (moderate), inability to continue to engage in professional labor, and frequent dangerous and impulsive behaviors lasting for 6 months.
4.4. 16 Posttraumatic hydrocephalus
4.4. 17 traumatic intracranial aneurysm
4.4. 18 traumatic cerebral infarction
4.4. 19 Posttraumatic intracranial hypotension syndrome
4.4.20 Defecation or urination dysfunction after injury (mild)
4.5 minor injury level 2
4.5. 1 Subcapular hematoma spread all over the scalp.
4.5.2 Scalp sharp instrument injury, the cumulative length of the wound is greater than 14cm.
4.5.3 Blunt scalp trauma, with cumulative wound length greater than 1 1cm.
4.5.4 The cumulative length of sharp and blunt scalp injuries is greater than 12.5cm.
4.5.5 Scalp avulsion injury area is more than 35cm2.
4.5.6 The area of traumatic scalp defect is greater than 65438±05 cm2.
4.5.7 Skull depression fracture
4.5.8 comminuted fracture of skull
4.5.9 Skull base fracture
4.5. 10 brain contusion (cerebral fissure)
4.5. 1 1 Intracranial hemorrhage
4.5. 12 traumatic subarachnoid hemorrhage
4.5. 13 spinal cord contusion and bleeding
4.5. 14 fracture of deep branch of radial nerve
4.5. 15 lower median nerve rupture
4.5. 16 low ulnar nerve rupture
4.5. 17 axillary nerve rupture
4.5. 18 Incomplete apraxia, agraphia, agraphia or agnosia occur in special cortical dysfunction.
4.5. 19 Brain injury leads to intellectual edge, and the reference value of IQ evaluation is between (70-86), and the daily life or social function is impaired.
4.5.20 Craniocerebral injury leads to memory impairment, and memory quotient scores are between (50-69), and the daily life or social function is impaired for 6 months.
4.5.2 1 traumatic subdural effusion
4.6 minor injury level 3
4.6. 1 Cap subdural hematoma, or subperiosteal hematoma
4.6.2 Scalp sharp instrument injury, the cumulative length of the wound is more than 8cm.
4.6.3 Blunt scalp contusion, the cumulative length of the wound is more than 6cm.
4.6.4 The cumulative length of sharp and blunt scalp injuries is more than 7cm.
4.6.5 The area of scalp avulsion injury is more than 65438±05 cm2.
4.6.6 The area of traumatic scalp defect is more than 8cm2.
4.6.7 skull cap linear fracture, or traumatic cranial suture separation of more than 0.2cm.
4.6.8 Vestibular nerve injury leads to dizziness and balance dysfunction.
4.6.9 the first Ⅱ? Brain nerve injury, causing corresponding neurological dysfunction (unless otherwise specified in this standard)
4.6. 10 injury leads to bilateral olfactory function loss.
4.6. 1 1 Craniocerebral injury leads to personality changes, social function damage (mild), emotional instability, irritability, and inability to maintain normal interpersonal relationships for 6 months.
4.6. 12 suffered from temporary disturbance of consciousness after craniocerebral injury, and after waking up, he showed symptoms such as stupor, pseudodementia and silence, and his social function was seriously damaged for 6 months.
4.6. 13 Incomplete injury of single important peripheral nerve (radial nerve, median nerve, ulnar nerve, tibial nerve and common peroneal nerve)
4.7 minor injury level 1
4.7. 1 Scalp scratch area is more than 40cm2.
4.7.2 The cumulative area of hematoma under scalp is more than 20cm2.
4.7.3 Scalp wound, the cumulative length of which is more than 4cm.
4.7.4 Scalp avulsion injury
Traumatic scalp defect
4.7.6 Temporary disturbance of consciousness caused by head injury.
4.7.7 Neurosis-like syndrome after craniocerebral injury, daily life or social dysfunction.
4.7.8 Olfactory dysfunction caused by injury
4.7.9 Trauma affected the spinal cord function and recovered completely in a short time.
4.7. 10 Peripheral nerve injury
4.8 minor injury level 2
4.8. 1 Scalp scratch area is more than 5cm2.
4.8.2 Subcutaneous hematoma
Scalp trauma