These include:
Appraisal standard of personal injury and disability degree issued by Hunan Higher People's Court (for Trial Implementation) (1995) At present, Hunan Higher People's Court has issued "About the uniform application of < lt; /SPAN>。 The Notice on Relevant Clauses of Appraisal of Injuries and Occupational Diseases (Xianggao Ji Fa [2005] No.2) stipulates: "Before the Supreme Court issued new regulations, the Appraisal Standard of Injuries and Occupational Diseases for Employees shall be uniformly applied to the disability assessment of personal injury cases". This standard was changed to "Appraisal of Labor Ability-Grade of Injury and Occupational Disease Disability" after the promulgation of the Regulations on Industrial Injury Insurance, but the "Appraisal Standard of Injury Disability Degree (Trial)" formulated by the Supreme People's Court in February 2004 has not been formally promulgated and implemented.
Yongzhou Intermediate People's Court's Guiding Opinions on Applying Disability Standards and Compensation Methods for Personal Injury Compensation (Trial) (20112) Article 3: The assessment of disability grade in personal injury cases that do not belong to Articles 1 (disability due to work-related injuries or occupational diseases) and 2 (disability due to road traffic accidents) of this guiding opinion.
Beijing Unified Standard Appraisal Standard of Human Injury and Disability Degree of Beijing Judicial Appraisal Association (for Trial Implementation) (No.4 [2009] of Beijing Fourth Inspection Association)
Shanghai's unified standard "Disability Assessment of Injured Persons in Road Traffic Accidents" (Selected Questions and Answers on the Application of Civil Law (II) in 2003 by Minyi Court of Shanghai Higher People's Court) clearly states that the appraisal standard of industrial injury disability is based on the employer's special obligation to protect workers. Therefore, this standard can only be applied to the identification of work-related disability accidents of employees, not to other types of personal injury and disability identification. Other personal injury and disability accidents, in the absence of other standards at present, can refer to the applicable road traffic accident disability identification standards for identification. )
Provincial Standard for Evaluating the Degree of Personal Injury and Disability in Guangxi Province (Trial) (Gui Zhengfa [1999]3 1No.). In addition, the Guangxi High Court's Minutes of the Civil Trial Work Conference of the Courts in the Region (Gui Fa Fa Fa [2002] No.28) stipulates that the compensation case for industrial accidents shall be based on industrial accidents; Traffic accident compensation cases should be in accordance with the traffic accident disability standards, determine the level of disability; For other personal injury compensation cases, it is more appropriate to refer to the road traffic accident disability standard before the Supreme People's Court specifies a unified personal injury disability standard.
Hainan province unified standard "human injury and disability degree appraisal standard"
The unified standard of Hubei Province formulated by the Supreme Court, Appraisal Standard of Personal Injury and Disability (Trial).
Unified Standard of Jiangsu Province Jiangsu Higher People's Court "Appraisal Standard of Personal Injury and Disability (Trial)"
Yunnan province unified standard Yunnan higher people's court appraisal standard of personal injury and disability
The unified standard of Zhejiang Province formulated by the Supreme Court, Appraisal Standard of Personal Injury and Disability (Trial).
The Guiding Opinions on Common Disputes in Judicial Clinical Appraisal issued by the Judicial Appraisal Technology Department of Henan Higher People's Court (for Trial Implementation) (Yuzi [2000] No.2 dated September 25th, 2000) stipulates that all injuries and disabilities can be compared with the industrial injury standards except the traffic accident disability, the road traffic accident injury disability assessment standard, the industrial injury disability assessment standard and the occupational disease disability assessment standard.
The Summary of the 2009 Liaoning Provincial Court Civil Trial Symposium by the Higher People's Court of Liaoning Province stipulates that the disability caused by employees in employment activities shall be applied mutatis mutandis to the standard of "the degree of disability of employees due to industrial injuries and occupational diseases"; Other causes of disability, according to the "road traffic accident injury disability assessment" standard implementation.
Jiangxi Province (some provincial-level unified standards are inconsistent with the provisions of the court) "Code of Practice for Several Issues of Forensic Clinical Judicial Appraisal (Trial)" (20 10) stipulates that (1) except for traffic accidents, work-related injuries or medical accidents, the appraisal institutions shall refer to the levels of workers' work-related injuries and occupational diseases that have been appraised by the labor ability; (2) although the work-related injuries have not been appraised by the labor and personnel departments. (3) According to the special circumstances of a specific case or the clear requirements of both parties, after signing the appraisal agreement, it can also be evaluated according to the most appropriate clauses in the two standards: Labor Ability Appraisal-Injury and Occupational Disease Disability Rating and Road Traffic Accident Disability Assessment.
(Note: In 2009, Nanchang Intermediate People's Court decided to apply the Disability Assessment Standard for Road Traffic Accident Injured Persons for disability identification in other disputes over health rights and physical rights other than traffic accidents. )
Chongqing Higher People's Court, Chongqing Law [2003] No.25, Chongqing Higher People's Court, when applying (GB 18667-2002) the assessment of citizens' disability needs, made an assessment with reference to the Disability Assessment Standard for Traffic Accident Injuries (GB 18667-2002).
Sichuan Judicial Appraisal Association replied: the Supreme People's Court once asked for opinions on the Appraisal Standard of Personal Injury and Disability (draft for comments), but it was not formally promulgated. At present, there are two standards for personal injury and disability identification in China. One is the appraisal standard of the degree of industrial injury and occupational disease disability of employees, which is generally applicable to the appraisal standard of industrial injury and disability; One is the "Disability Assessment of Injured Persons in Road Traffic Accidents" standard, which is applicable to the road traffic accident disability appraisal standard. There is no clear stipulation in the current law on what standard is applicable to the disability grade appraisal of other personal injury cases. Therefore, in practice, judicial authentication institutions can clearly determine which standard is applicable for authentication according to the specific requirements of the entrusting party; At present, the judicial authentication institutions in our province usually refer to the degree of disability caused by work-related injuries and occupational diseases when the entrusting party does not explicitly require which standard to apply. At the same time, combined with the case of Sichuan Higher People's Court v. Chongqing Intermediate People's Court, according to the relevant provisions of the Reply (Gao Chuan Law 1994 [65438] 126), it is considered that "... accidental injuries need to be identified by forensic medicine, and in principle, the Criteria for Identification of Injuries and Occupational Diseases shall apply".
The Guiding Opinions of the Intermediate People's Court of Sanming City, Fujian Province on the Uniform Application of Compensation Standards in the Trial of Personal Injury Compensation Disputes (2009) makes it clear that in the future, personal injury compensation cases unrelated to work-related accidents will be tried as ordinary civil rights disputes, and the disability level will be determined with reference to the disability assessment standards of the injured in road traffic accidents, and will be handled according to the compensation items and standards stipulated in the General Principles of the Civil Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases.
In the judgment, the Shenzhen court held that the "crossing the road standard" should be applied to the personal disability assessment of non-work-related casualties.