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Chapter 21 Questions and Answers on Personal Injury Compensation Disputes (3)
Analysis according to law
The so-called minor injury refers to a certain degree of damage or partial dysfunction of tissue and organ structure due to the action of various external factors such as physical, chemical and biological factors on the human body, which does not constitute a serious injury and is not a minor injury.The identification should be based on the comprehensive analysis and comprehensive evaluation of the primary damage directly caused by external factors to the human body and its consequences, including the injury at the time of the injury, the complications and sequelae caused after the injury, etc.

The so-called serious injury refers to the injury that causes a person's limbs to be disabled or disfigured, loss of hearing, vision or other organ functions, and other injuries that seriously damage personal health.

The forensic identification should be based on the injury suffered by the victim when the infringement was committed. Ding can ask the forensic doctor to reasonably judge the severity of the injury; the injury cannot be calculated cumulatively.If it is identified that the injury suffered is more than a minor injury, then the other party can be required to bear criminal responsibility; if it is identified as a minor injury, then the public security organ can be required to impose a public security management penalty on the other party.

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部头皮撕脱伤面积达20平方厘米（儿童达10平方厘米）；头皮外伤性缺损面积达10平方厘米（儿童达5平方厘米）。头皮锐器创口累计长度达8厘米，儿童达6厘米；钝器创口累计长度达6厘米，儿童达4厘米。颅骨单纯性骨折。头部损伤确证出现短暂的意识障碍和近事遗忘。眼睑损伤影响面容或者功能的；眶部单纯性骨折；泪器部分损伤及功能障碍；眼球部分结构损伤，影响面容或者功能的；损伤致视力减退，两眼矫正视力减退至0.7以下（较伤前视力下降0.2以上），单眼矫正视力减退至0.5以下（较伤前视力下降0.3以上）；原单眼为低视力者，伤后视力减退1个级别。外伤性斜视。外伤性斜视。鼻骨粉碎性骨折，或者鼻骨线形骨折伴有明显移位的；鼻损伤明显影响鼻外形或者功能的。《人体轻伤鉴定标准（试行）》第5-8条第9、10条第9、10条部位标准依据头颈部、眼鼻部、耳部、口腔部、面部耳廓损伤致明显变形；一侧耳廓缺损达一耳的10％，或者两侧耳廓缺损累计达一耳的15％；外伤性鼓膜穿孔；外耳道损伤致外耳道狭窄；耳损伤造成一耳听力减退达41分贝，两耳听力减退达30分贝。口唇损伤影响面容、发音或者进食；牙齿脱落或者折断2枚以上；口腔组织、器官损伤，影响语言、咀嚼或者吞咽功能的；涎腺损伤伴有功能障碍。颧骨骨折或者上、下颌骨骨折；颞下颌关节损伤致张口度（上下切牙切缘间距）小于3厘米。面部软组织单个创口长度达3.5厘米（儿童达3厘米），或者创口累计长度达5厘米（儿童达4厘米）或者颌面部穿透创。面部损伤后留有明显瘢痕，单条长3厘米或者累计长度达4厘米；单块面积2平方厘米或者累计面积达3平方厘米；影响面容的色素改变6平方厘米。面神经损伤致使部分面肌瘫痪影响面容及功能的。第9、10条第11条第12、13条第14—16条部位标准依据头颈部、肢体损伤颈部、皮肤手部、足部四肢长骨关节颈部软组织单个创口长度达5厘米或者累计创口长度达8厘米。未达上款规定但有运动功能障碍的。颈部损伤出现窒息征象的。颈部损伤伤及甲状腺、咽喉、气管或者食管的。肢体软组织挫伤占体表总面积6％以上。肢体皮肤及皮下组织单个创口长度达10厘米（儿童达8厘米）或者创口累计总长度达15厘米（儿童达12厘米）；伤及感觉神经、血管、肌腱影响功能的。皮肤外伤性缺损须植皮的。1节指骨（不合第2至5指末节）粉碎性骨折或者2节指骨线形骨折；缺失半个指节；损伤后出现轻度挛缩、畸形、关节活动受限或者侧方不稳；舟骨骨折、月骨脱位或者掌骨完全性骨折。2节趾骨骨折；缺失1个趾节；（蹠）骨2节骨折；跗骨、距骨、跟骨骨折；踝关节骨折或者（踱）跗关节脱位。撕脱骨折除外。四肢长骨骨折；膑骨骨折。肢体大关节脱位、关节韧带部分撕裂、半月板损伤或者肢体软组织损伤后瘢痕挛缩致关节功能障碍。第17-19条第20-22条第23条第24条第25、26条11.儿童能作为证人出庭作证吗？

Three 3-year-old children were playing in the car. Zhang's son was hit by the child, and Zhang's son hit another child. He fell off the car and broke his arm. Should Zhang be fully responsible?In addition, the injured child has participated in accident insurance in the kindergarten, and his family does not want Zhang to pay for it, is that okay?Now it was time to send the child to the hospital in a hurry, and without finding out who was responsible, Zhang borne all the medical expenses, and the first child could not be found.But a 5-year-old student saw that it was indeed Zhang's son who was bumped and then bumped into someone. Does the student's words have legal effect?
Analysis according to law
Article 70 of my country's "Civil Procedure Law" stipulates that "a person who cannot express his will correctly cannot testify." But what is "unable to express his will correctly" is not clearly stipulated in the law.In the theoretical circles, some scholars also believe that children under the age of 16 do not have full behavioral capacity, their ability to recognize and perceive things is relatively fragile, their mental state is unstable, and their independent judgment ability is not strong. "In a solemn court, Let them testify and accept cross-examination and interrogation, the reliability and admissibility of their testimony will be greatly reduced.” Therefore, it is not appropriate to testify.

From the theoretical point of view of evidence law, the qualifications of child witnesses belong to the issue of evidentiary capacity, while the credibility of children's testimony belongs to the issue of probative force.The logic of the witness qualification rules should be to assume that every witness is qualified to testify, unless the legal qualification requirements for witnesses are not met.In addition, in many cases, some children involved in the case did experience the process of the case in person, and were even the main recipients of case information, so what they saw and heard became a key factor in finding out the truth.It is clearly inappropriate to exclude children from testifying outright.

For children who testify in the proceedings, 'due to their particularity different from adults, we must consider the following two factors: The first is psychological factors.Physically, children are in the period of growth and development, and their bodies are not fully finalized. Psychologically, they are characterized by immature intelligence, relatively poor comprehension and verbal expression skills, lack of social experience, and unstable emotions.Younger children, in particular, tend to be relatively simplistic, irrational in thinking, susceptible to external influences in words and deeds, and often even confuse imagination and reality.These characteristics are extremely detrimental to children's testimony, because the reliability of witness testimony needs the credibility of witnesses as the basis, and judges obviously cannot just listen to a child's specious statement to judge the case.The second is the impact of the testifying environment.The court environment may have two adverse effects on children: first, children will feel particularly nervous to testify in court, which affects their expression; second, children may suffer psychological harm again.Therefore, they are "vulnerable witnesses" and need appropriate help from the outside world.

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Our country already has courts to recognize the validity of children's testimony.A personal injury case concluded by a certain court in Suzhou is a typical case: at noon on June 6 of a certain year, 23-year-old Jiejie drowned in a puddle at a certain construction site in the city. In August, Jiejie's parents sued a construction company where the puddle was located.During the litigation period, the two parties had a lot of disputes over key issues such as whether the fence on the construction site was damaged.Because there were several children who went to the puddle with Jiejie to play in the water.To this end, the plaintiff filed an application, requiring three of the children to testify in court.Although the three children were 10, 8, and 3 years old, the presiding judge believed that the facts to be proved in this case were compatible with the age, intelligence, and mental state of the three children, so the testimony was credible, so Their testimonies were accepted in accordance with the law and used as the basis for determining the facts.

12. If a heart attack is caused after being beaten, how to prove the causal relationship between the hurting behavior and the result of personal injury?

He Mou's father had a dispute with others and was beaten. The result of the appraisal was a slight injury.Before the public security department could solve the problem, 10 days after the beating incident, He's father had a sudden myocardial infarction and was admitted to the hospital.He believes that the hospitalization of his father has an important relationship with the beating. May I ask, in this case, how should He continue to pursue the other party's responsibility?
Analysis according to law
This case involves the issue of proving the causal relationship between the tort and the damage.The causality of tort is the interrelationship between the cause and result of tort damage.Causality is an inherent and necessary connection between various natural phenomena and social phenomena. The cause is the phenomenon that causes a certain phenomenon, and the certain phenomenon caused by the phenomenon is the result.In a case of tort damage compensation, in order for the infringer to bear the tort liability, in addition to the existence of the tort, the occurrence of the damage, and the subjective fault of the tortfeasor, it is also required that the occurrence of the damage has a causal relationship with the tort.

For general torts, causation is proved by the victim.Unless the law stipulates that the infringer should prove the non-existence of the causal relationship, if the infringer cannot prove the non-existence of the causal relationship, the existence of the causal relationship is presumed.

In cases of tort damages, whether there is a legal causal relationship between the tort and the damage should be the focus of attention.The event that seems to be the cause must not be regarded as the cause, the cause is not equal to the cause; the cause of another result must not be regarded as the cause of this result, and this legal relationship is not equal to that legal relationship.Since legal causation is often intricate and sometimes difficult to distinguish, this requires us to grasp the essential attribute of the objective inevitability of causation.Otherwise, due to the wrong determination of the causal relationship, it may lead to unreasonable allocation of civil liability in the handling of infringement damages cases.

In this case, if He has definite evidence (such as a certificate issued by the hospital) that can prove that He's father's sudden myocardial infarction was caused by his father's beating.Then He can bring a civil lawsuit to the court and demand civil compensation from the perpetrator.Including medical expenses, lost wages, etc.

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The causal relationship between injury and disease is a connection between objective phenomena: it is a phenomenon that is caused by injury, produces or causes disease, that is, injury is the cause and disease is the result. This is the objectivity of causality.Therefore, to determine whether there is a causal relationship between the injury and the disease, it is necessary to go deep into the objective things for investigation and research, that is, to understand the case and the physical condition of the victim before the injury.

13. In a personal injury case, what legal liability should be borne for tampering with evidence?
On the morning of July 2006, 7, Zhou and Tao, the defendant, quarreled and scuffled over a foundation dispute. Tao wounded the back of Zhou's head with tiles, which was identified as a minor injury by the forensic doctor of the County Public Security Bureau. Later, Tao was sentenced to death. 12 days in public security detention.After Zhou was injured, he went to the local health center for bandaging, and then transferred to the county hospital of traditional Chinese medicine for treatment. On August 7, Zhou filed a lawsuit with the court, claiming 8 yuan.During the trial, the court found out that the receipt of the county hospital of traditional Chinese medicine provided by the plaintiff Zhou had been tampered with, among which the amount of western medicine fee (in lowercase) "6" was tampered with "6967", and at the same time, the total amount (in uppercase) " "Twenty thousand one hundred and one hundred and one yuan Lujiaozheng" was changed to "Five thousand one hundred and one hundred and one yuan Lujiaozheng", and the total amount (lowercase) "1258.50" was changed to "4258.80", etc.

The court held that Zhou's behavior had affected the normal progress of trial activities, and in order to maintain the normal order of litigation, he imposed a fine.

Analysis according to law
Article 102, Paragraph 1 of the Civil Procedure Law stipulates: "Where a participant in the litigation or any other person commits any of the following acts, the people's court may impose a fine or detain them according to the seriousness of the circumstances; if a crime is constituted, criminal responsibility shall be investigated according to law: ([-]) Forging or destroying important evidence to hinder the trial of cases by the people's court; The property that has been sealed up or seized, or the property that has been counted and ordered to be kept, or the property that has been frozen; ([-]) Using violence, threats or other methods to obstruct judicial personnel from performing their duties; of."

Since Zhou's behavior has violated the provisions of j and this paragraph, it constitutes an act of obstructing civil proceedings, and the court may decide to impose a fine or judicial detention on him.

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Note that if the behavior in this case is serious, it may constitute the crime of helping to destroy or falsifying evidence.This crime refers to acts of instigating and assisting parties in concealing, destroying, and falsifying evidence during litigation activities, and the circumstances are serious.

The object of this crime is the normal activities of the judiciary, and the object is the parties.If it is not helping the party but helping others other than the party to destroy or forge evidence, it cannot constitute this crime.The so-called parties include both parties to criminal proceedings, such as victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil proceedings, etc., as well as parties to civil proceedings, such as plaintiffs, defendants, co-litigants, Third parties, etc., also include parties to administrative litigation such as plaintiffs and defendants.

14. Injured by a billboard hung by an advertising company, how is the burden of proof allocated in the lawsuit for damages?
When Han passed by the Sunshine Building, he was injured by a billboard hanging on the 6th floor. The surrounding people immediately sent him to the hospital. After rescue, he was out of danger.It was found that the billboard was owned by an advertising company on the 6th floor of the Sunshine Building. On the day of the accident, the wind force reached level 8, and the billboard had been hung for many years. Han.After Han was discharged from the hospital, he filed a lawsuit in the People's Court, demanding that the advertising company bear the liability for compensation.

Analysis according to law
This case is a lawsuit of special infringement.According to the provisions of the General Principles of Civil Law, citizens and legal persons who infringe upon state or collective property, or infringe on the property or person of others due to fault, shall bear civil liability.Where a building or other facility, or an object placed or suspended on a building collapses, falls off, or falls and causes damage to others, its owner or manager shall bear civil liability, unless he can prove that he is not at fault.

Therefore, in this case, Mr. Han was injured by the billboard hung by the advertising company on the sixth floor. Moreover, the billboard had been hung for many years and the wires were rotten. Therefore, the advertising company was directly responsible for Mr. Han's injury.Han has the right to sue the advertising company for damages for infringement.The general principle of the burden of proof is "whoever asserts shall provide evidence", that is, the parties concerned should produce evidence to prove their claims.However, in some special infringement cases, it is very difficult for the plaintiff to provide evidence to prove that the defendant is at fault, which undoubtedly hinders the victim's means of litigation relief.Therefore, the Civil Procedure Law stipulates a special burden of proof for this type of tort dispute (that is, the inversion of the burden of proof): a tort lawsuit in which a building or other facility, or an object placed or suspended on a building collapses, falls off, or falls and causes damage to people , If the defendant denies the infringement facts raised by the plaintiff, the defendant shall be responsible for producing evidence.Therefore, in this case, if the advertising company denies the fact of infringement proposed by Han, the defendant should bear the burden of proof to prove that he was not at fault for the fall of the billboard and the injury to Han.In the lawsuit, Han only needs to prove the facts of his damage and the direct causal relationship between his damage and the falling of the billboard.

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Pay attention to the following types of infringement lawsuits, the distribution of the burden of proof is relatively special:
1. For a patent infringement lawsuit arising from a patent for a new product manufacturing method, the unit or individual that manufactures the same product shall bear the burden of proof that the manufacturing method of the product is different from the patented method;

2. In a tort lawsuit involving damage caused by highly dangerous operations, the infringer shall bear the burden of proof for the fact that the victim intentionally caused the damage;
3. In a lawsuit for compensation for damages caused by environmental pollution, the injurer shall bear the burden of proof on the grounds for exemption provided by law and the absence of a causal relationship between his behavior and the damage result;
4. In a tort lawsuit in which a building or other facility or an object placed or suspended on the building collapses, falls off, or falls and causes damage to a person, the owner or manager shall bear the burden of proving that it is not at fault;
5. In a tort lawsuit involving damage caused by raising animals, the animal breeder or manager shall bear the burden of proof that the victim is at fault or that the third party is at fault;
6. For infringement lawsuits involving damages caused by defective products, the producer of the product shall bear the burden of proof for the exemptions stipulated by law;
7. In a tort lawsuit for damage caused by a joint dangerous act, the person who committed the dangerous act shall bear the burden of proof that there is no causal relationship between his act and the result of the damage;

8. For infringement lawsuits caused by medical behavior, the medical institution shall bear the burden of proof that there is no causal relationship between the medical behavior and the damage result and that there is no medical fault.

(End of this chapter)