Legal analysis
1. Medical expenses: The medical expenses are determined according to receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost time: The lost time is determined according to the lost time and income of the victim. 3. Nursing expenses: The nursing expenses are determined according to the income of nursing staff, the number of nurses and the nursing period. 4. Transportation expenses: The transportation expenses shall be calculated according to the actual expenses incurred by the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals. 5. Hospitalization food subsidy: Hospitalization food subsidy can be determined by referring to the standard of food subsidy for ordinary staff of local state organs. 6. Nutrition fee: The nutrition fee is determined according to the disability of the victim and referring to the opinions of medical institutions. 7. Disability compensation: according to the degree or level of disability of the victim, the disability compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located, and it is calculated as 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.
legal ground
Article 64 of the Administrative Punishment Law of the People's Republic of China is organized according to the following procedures: (1) If a party requests a hearing, it shall do so within five days after the administrative organ informs it; (two) the administrative organ shall notify the parties and relevant personnel of the time and place of the hearing seven days before the hearing is held; (3) The hearing shall be held in public unless it involves state secrets, commercial secrets or personal privacy; (4) The hearing shall be presided over by a person other than the case investigator designated by the administrative organ; If the parties think that the host has a direct interest in the case, they have the right to apply for withdrawal; (five) the parties may attend the hearing in person, or entrust one or two people as agents; (six) if the parties and their agents refuse to participate in the hearing without justifiable reasons or withdraw from the hearing without permission, it shall be regarded as giving up the right to the hearing, and the administrative organ shall terminate the hearing; (seven) when the hearing is held, the investigators put forward the facts, evidence and suggestions for administrative punishment of the parties, and the parties defend themselves and cross-examine; (eight) the hearing shall make a record. The written record shall be submitted to the parties or their agents for verification and then signed or sealed. If the parties or their agents refuse to sign or seal, the presiding hearer shall indicate it in the record.
"Provisions on the Procedures of Public Security Organs for Handling Administrative Cases" Article 86 A written record shall be made during the inspection. The inspection record shall be signed by the inspector, the inspected person or the witness; If the inspected person is not present or refuses to sign, the people's police handling the case shall indicate it in the inspection record. Audio and video recording of the whole inspection can replace written inspection records, but the key contents and corresponding time periods of audio-visual materials should be explained in words.