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 76 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly interferes with the freedom of marriage of the elderly, refuses to support or support them, maltreats them or commits domestic violence against them, and the relevant units shall give criticism and education; If it constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 2 of the Anti-Domestic Violence Law of People's Republic of China (PRC) The term "domestic violence" as mentioned in this law refers to the physical and mental violations committed by family members in the form of beating, binding, mutilation, restriction of personal freedom, frequent abuse and intimidation.
Article 5 of the Anti-Domestic Violence Law of People's Republic of China (PRC) follows the principle of putting prevention first and combining education, correction and punishment. Anti-domestic violence work should respect the true wishes of the victims and protect the privacy of the parties. Special protection should be given to minors, the elderly, the disabled, pregnant women, lactating women and seriously ill patients who suffer from domestic violence.