Legal analysis
The police station conducts investigation and handling, and the public security organ entrusts the victim's injury to be identified. If the appraisal conclusion is more than minor injuries, the perpetrator needs to bear criminal responsibility. It is suggested that the victim be hospitalized, and the specific compensation amount can only be determined after the hospitalization. The determination of compensation amount is based on several aspects. First, the age of the victim and the age structure of his family members; The second is the victim's disability level; Third, the victim's habitual residence and main source of income; Fourth, whether to continue treatment and rehabilitation. The legal issues are really complicated, and the standards of disability rating are also quite complicated, which are distinguished by mental, physical and anatomical abnormalities and the loss of life, work and social activities caused by them. There are many unpredictable factors. Only by applying to the court for appraisal after prosecution can it be used as an effective basis for legal compensation. Personal injury compensation includes medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, etc. If the victim is disabled due to injury, disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred shall be increased.
legal ground
Article 43 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, whoever beats others, or intentionally hurts others' bodies, shall be detained for more than five days and less than ten days, and shall be fined more than 200 yuan and less than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan. Under any of the following circumstances, he shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan: (1) beating or injuring others in a gang; (2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60; (3) Beating or injuring others for many times or beating or injuring more than one person at a time.
Article 234 of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail. Article 234-1 Whoever organizes others to sell human organs shall be sentenced to fixed-term imprisonment of not more than five years and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined or confiscated. Whoever picks up his organs without his own consent, or picks up organs of people under the age of 18, or forces or deceives others to donate organs, shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. Whoever, in violation of state regulations, picks up his corpse and organs against his will before his death, or picks up his corpse and organs against his will before his death without the consent of his close relatives, shall be convicted and punished in accordance with the provisions of Article 302 of this Law.