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
Decision of NPC Standing Committee on the Application of Provisional Regulations on Value-added Tax, Consumption Tax and Business Tax to Foreign-invested Enterprises and Foreign Enterprises. Except for value-added tax, consumption tax and business tax, the application of other taxes to foreign-invested enterprises and foreign enterprises shall be implemented in accordance with the provisions of the law; Where there is no provision in the law, it shall be implemented in accordance with the provisions of the State Council. The foreign-invested enterprises mentioned in this decision refer to Chinese-foreign equity joint ventures, Chinese-foreign cooperative ventures and foreign-funded enterprises established in China. The term "foreign enterprises" as mentioned in this decision refers to foreign companies, enterprises and other economic organizations that have set up institutions and places in China to engage in production and business operations. Although there are no institutions or places, they have income from China. This decision shall come into force as of the date of promulgation.