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 18 of the Judges Law of People's Republic of China (PRC) stipulates that the appointment and removal of judges shall be handled in accordance with the authority and procedures prescribed by the Constitution and laws. President the Supreme People's Court is elected and removed by the National People's Congress, and vice presidents, members of judicial committees, presidents, vice presidents and judges are proposed by the president to the NPC Standing Committee for appointment and removal. The President and Vice-President of the the Supreme People's Court Circuit Court shall be appointed and removed by the Chairman of the NPC Standing Committee. The presidents of local people's courts at various levels are elected and removed by the people's congresses at the corresponding levels, and vice presidents, members of judicial committees, presidents, vice presidents and judges are appointed and removed by the presidents at the standing committees of the people's congresses at the corresponding levels. The president of an intermediate people's court established by a province, autonomous region or municipality directly under the Central Government shall be appointed or removed by the standing committee of the people's congress of the province, autonomous region or municipality directly under the Central Government upon nomination by the meeting of directors, and the vice president, members of the judicial committee, the president of the higher people's court shall submit the appointment or removal to the standing committee of the people's congress of the province, autonomous region or municipality directly under the Central Government. Presidents, vice presidents, members of judicial committees, presidents, vice presidents and judges of the people's courts at all levels and special people's courts of Xinjiang Production and Construction Corps shall be appointed and removed in accordance with the relevant provisions of the NPC Standing Committee.