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Chapter 28 Questions and Answers on Personal Injury Compensation Disputes (10)
1.20. On 20××year××month××day——××month××day, the hospital records of a district people’s hospital recorded: Examination at the time of admission: Hu had no trauma to the head and neck, light tenderness under the xiphoid process and lower abdomen, spine There is no deformity in the limbs and limbs, the function is normal, the kidney area is slightly tender, and there is tenderness at the percussion of the coccyx, and the nervous system does not lead to any pathological symptoms. [-]××year××month××day record of course of disease: self-reported that the left lower limb could not move, but no positive signs were seen.Diagnosis at discharge: soft tissue injury; bone hyperplasia (lumbar spine); left lower extremity muscle tension increased pending investigation.

2.20. From 20××year××month××day—××month××day, the inpatient medical records of a district people’s hospital recorded that he was admitted to the hospital with left lower extremity movement disorder for more than half a year and worsened for half a month. [-]××year××month××day record of the course of the disease: the sensory disturbance of the left lower extremity does not match the distribution of nerves, it may be a non-organic lesion, and the effect is very good when combined with acupuncture and moxibustion "suggestion" therapy.Diagnosis at discharge: soft tissue injury; lumbar fracture hyperplasia; left lower extremity movement disorder (hysterical).

3.20. On 20××year××month××day, the conclusion of the forensic medical appraisal by the ×× City Higher People’s Court: On 20××year××month××day, the injury suffered by the appraised person Hu belongs to ordinary injury; the left half of Hu’s paralysis belongs to Post-traumatic neurosis-hysterical hemiplegia; on [-]××year××month××day, the trauma Hu suffered as a mental stimulus became the direct inducing factor of hysterical paralysis.

4.20. On [-]××year××month××, the Supplementary Instructions of the Higher People’s Court of XX City on the forensic medical appraisal of Ye’s injury to Hu’s case stated: “The trauma referred to in the original appraisal is mainly mental injury. The direct cause of hysteria is Mental factors. Slight external mechanical force and mental trauma are the direct triggers of paralysis, and simple and slight external force will not cause paralysis."

5. Screening: 20××year××month××day×× hospital head frontal and lateral x films×pieces (No.××), 20××year××month××day×× hospital head CT films × piece (number x×), 20×× year ×× month ×× day ×× head CT film x piece (number ×x), 20×× year ×× month ×× day ×× hospital head MRI film × piece (No. ××), total × piece x piece, x piece CT piece and x piece MRI piece, show: ××.

[-]. Analysis description

According to the existing materials provided by the entrusting agency, including the medical history, combined with the inspection findings of our center (and expert consultation opinions), the analysis is as follows:

1. According to the case files and medical records, Hu was sent to a district hospital on the day of his injury. The physical examination revealed no other abnormalities except light tenderness under the xiphoid process and lower abdomen, slight tenderness in the kidney area, and percussion pain at the coccyx.For this reason, the diagnosis of "soft tissue injury" made by a hospital in a certain district can be established. This kind of injury is a slight damage to the local tissue structure and organs caused by external forces acting on the human body. It can generally be cured after treatment.According to "××××", it should be assessed as a minor injury.

2. The symptoms and signs of Hu's left lower extremity from the XX day after the soft tissue injury did not match the distribution of nerves, and the effect was very good after being combined with acupuncture and moxibustion "suggestion" therapy.Based on this, the diagnosis of "left lower extremity movement disorder (hysteria)" made by a certain district hospital and the analysis opinion of "a simple and slight external force will not cause paralysis" in the forensic medical appraisal of the ×× City Higher People's Court can be established.The symptoms and signs of Hu's left lower extremity after soft tissue injury may have an indirect (psychological) causal relationship with the slight injury at the time of the dispute, and its pathogenesis needs to be further understood.Hu's symptoms and signs can generally be improved or recovered through comprehensive treatment.

[-]. Review opinions

1. Hu, the examinee, was injured because of a soft tissue injury at the time, which should be a minor injury.

2. The symptoms and signs of the left lower extremity of the examinee Hu after his soft tissue injury may have an indirect (psychological) causal relationship with the minor injury at the time of the dispute.

Documentary evidence review opinion explanatory person:
Chief forensic physician: ××× (signature)
Chief prosecutor: ××× (signature)
×× Judicial Expertise Center Judicial Expertise Examination Opinion Seal

Two ×××year××month××day
42. What is a forensic inspection report?When should this report be used?

Jiang bought a bag of yogurt in a supermarket.After going home to eat, he felt unwell the next day, accompanied by vomiting and dizziness, and died on the third day due to ineffective rescue.Jiang's family believed that the yogurt they bought in the supermarket was poisonous, so they sued the supermarket to the court and applied to the court for a poison judicial appraisal.

Analysis according to law
The forensic appraisal inspection report is a report issued by the judicial authenticator after inspecting the entrusted inspection object.The basic condition for issuing a judicial appraisal inspection report is to directly and objectively reflect the inspection, test findings or experimental results after passing the inspection of a specific inspection object without adding any analysis instructions.

Toxic and drug testing is a subject that uses the principles and methods of analytical chemistry, pharmacology and other disciplines to conduct qualitative and quantitative analysis of the biological environment and toxic substances and drugs that invade organisms.Through inspection, it is determined whether there is one or a certain type of poison or drug in the sample (diet, vomit, excrement, blood, internal organs of the corpse, etc.), and how much it is in.According to the content of poisons or drugs, research whether it can cause poisoning or death and how poisons and drugs invade the body, etc., provide scientific evidence for public security organs to determine the cause of poisoning and clarify the nature of the case (homicide, suicide or accident) when accepting poisoning cases in accordance with.

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×× Judicial Identification Center Judicial Identification Inspection Report
×× Division Jian Center [20××] Drug Inspection No. ×

Special seal for forensic identification technology (steel seal)
Entrusted Unit: ×x County Public Security Bureau
Commission date: 20××year××month××day
Entrusted matter: Toxicological analysis on the test materials
Materials to be submitted for inspection: 1. Stomach tissue and stomach contents (taken out of the coffin);
2. Some vomit (attached to the cloth);
3. 1 piece of paper.

Inspection date: 20××year××month××day

Inspection location: ×× Judicial Identification Center
[-]. Inspection process

(1) Chemical examination of gastric tissue, gastric contents and vomitus poisons:
A proper amount of gastric tissue, gastric contents and vomitus were collected separately, extracted and purified by organic solvents, and analyzed by conventional GC/MS. No barbiturates, benzodiazepines and other hypnotic and sedative drugs, common anesthetics, Characteristic chromatographic peaks and characteristic fragment ions of toxic components such as illegal drugs, organophosphorus pesticides, and insecticides.

Another appropriate amount of gastric tissue and gastric contents were taken for Reinsch reaction analysis, and the result was negative.

(2) Chemical inspection of paper toxic substances:
Take an appropriate amount of paper, extract and purify with organic solvents, and perform conventional GC/MS analysis, and there are characteristic chromatographic peaks and characteristic fragment ions of aspirin, 2-hydroxybenzoic acid, caffeine and nicothamide; The characteristic chromatographic peaks and characteristic fragment ions of other barbiturates, benzodiazepines and other hypnotic and sedative drugs, common anesthetics, illegal drugs, organophosphorus pesticide F and insecticides and other toxic components appeared.

[-]. Test results

1. Aspirin, 2-hydroxybenzoic acid, caffeine and nicothamide were detected from the papers submitted for inspection.

2. Hypnotic and sedative drugs such as barbiturates, benzodiazepines, common anesthetics, illegal drugs, organophosphorus pesticides, and pesticides were not detected in the paper, gastric tissue, gastric contents, and gastric vomit that were submitted for inspection. Toxic ingredients such as insecticides and arsenic compounds.

Inspection Reporter: Chief Forensic Physician: ××× (signature)
Chief prosecutor: ××× (signature)
×× Judicial Identification Center
Forensic inspection report chapter
Two ×××year×month×day
43. What is a judicial testimonial?
Analysis according to law
The judicial authentication certificate is the authentication document issued by the judicial authenticator after reaching the authentication conclusion on the specialized issue entrusted by the judicial authenticator.The basic conditions for issuing a judicial appraisal certificate are: the information system provided is complete, the materials submitted for inspection are complete, the experimental conditions (technical methods and equipment) are complete, and the appraisal conclusion can be drawn.

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Judicial appraisal certificate of ×× Judicial Appraisal Center (reference sample)
×× Secretary Jianzhong · Heart [20××]

Medical Record No. ×

Special seal for forensic identification technology (steel seal)
Entrusted unit: Criminal Police Team of ×× County Public Security Bureau

Commission date: 20××year×month×day

Entrusted matter: Find out the cause of Deng ×'s death
Appraisal object: Deng ×, female, 21 years old, worker, unmarried

Inspection materials:

Appraisal date: 20××year××month××day××hour××minute
Appraisal location: The autopsy is at the scene of the crime, and the rest are at the ×× Judicial Appraisal Center
Personnel present: ×××; ×××
[-]. Summary of the case

At about XX in 20XX, the neighbor found that smoke had penetrated into his room from the scene. When he got up to check, he saw Deng XX's room was on fire and called for help. Many employees came to put out the fire and found that Deng XX had died on the bed. and still burning.

[-]. Inspection process

([-]) Autopsy records:
The body of the deceased Deng X was lying on his back on the burnt single bed. The mosquito net, quilt and clothes were all burned.The left upper limb of the corpse stretched toward the upper left of the head, showing a slightly curved shape, and the right upper limb stretched toward the lower right, slightly curved; the two lower limbs were slightly curved; the head, chest and upper abdomen were covered with charred clothes, quilts, books, etc. debris.

The body was 158 centimeters long, barefoot, and rigor.There were unburned blue coat and white shirt remnants on the upper body; burnt nylon pants and red and yellow calico pants on the lower body; there were light red corpse spots on the unburned part of the back.

Head (Face): No damage to the head, black permed hair with braids, and burnt hair on the forehead.

The face is bruised and swollen, with traces of smoke around it; the alae of the nose and lips are compressed and deformed, and they are flat; the eyes are closed, the cornea is cloudy, and there are punctate hemorrhages under the eyeball and palpebral conjunctiva; a small amount of bloody fluid and foam overflow from the nasal cavity, and the lips are bruised. The tongue protrudes about 0.5 cm outside the dentition.

Neck (neck): There is a light green plastic-coated aluminum wire wrapped three times around the neck, which is twisted into a dead knot on the front right side of the neck.Braids are crimped below the wrapped wires at the back of the neck (neck).After removing the strangle wire, the back of the neck (neck) revealed a pale ring-shaped groove, and the ridge between the grooves in the front of the neck was also pale, without bleeding or blister formation.On the front of the neck, there were scattered exfoliation of the skin and multiple subcutaneous hemorrhages in the form of strips and dots, among which there were 4 obvious ones, the sizes were 1.2 cm × 0.3 cm, 0.8 cm × 0.3 cm, 0.6 cm × 0.6 cm and 0.5 cm x 0.3 cm.There was a 1.5 cm × 0.5 cm subcutaneous hemorrhage in the middle segment of the right sternocleidomastoid muscle.

Trunk: The skin of the chest, abdomen and lower back is yellowish brown, with traces of smoke, without congestion.No burn blisters formed.

Limbs: The upper and lower limbs were scorched, the skin and muscles were split, and a Shanghai brand watch was worn on the left wrist, and the strap had been burned.

Perineum: The vulva is charred and charred, and the hymen cannot be examined.

([-]) Autopsy records:
Cranial cavity and organs: cerebral congestion, mild edema, no epidural hematoma formation.

Neck organs: the front of the neck and the right deep muscles and around the hyoid bone have punctate or flake bleeding, and the greater horn of the hyoid bone is fractured.

Chest, abdominal cavity and organs: no pleural effusion, no adhesions.There was no effusion and no adhesion in the pericardial cavity; the thymus had been fattened; the size of the heart was normal, there were scattered bleeding points in the epicardium, the thickness and color of the myocardium were normal, and the intima was smooth; Dark red blood; normal heart valve circumference, thin and transparent, no defect in atrial septum and ventricular septum; smooth coronary artery, smooth aortic intima; white foam in the trachea and bronchus, no smoke and dust and charcoal adhesion, and the mucosa is intact; The lung surface was smooth, with multiple punctate submembranous hemorrhages, the cut surface was dark red, and each lung lobe was moderately edematous.

There was no effusion or adhesion in the peritoneal cavity, and the position of each organ was normal; the height of the diaphragm was at the fifth intercostal space; the liver, spleen, and kidney were all congested; the gastrointestinal tract, pancreas, adrenal gland, and bladder were all normal.

The uterus and its appendages were normal, there was no embryo in the uterine cavity, and there was no pregnancy corpus luteum and menstrual corpus luteum in both ovaries.

([-]) Microscopic observation:

Cervical groove tissue: the epidermis is intact, no hyperemia and hemorrhage are seen in the dermis and subcutaneous tissue, and there is no inflammatory cell infiltration.

Skin and subcutaneous tissue of the front of the neck: epidermal defect, involving acanthocyte layer, basal layer intact, dermal capillary hyperemia, surrounded by neutrophil infiltration.Muscle interstitial hemorrhage, with a little neutrophil infiltration.

Findings of other organ sections: slightly.

Vaginal secretion smear: no sperm cells were found.

([-]) Toxic chemical test:
Carboxyhemoglobin was not detected in heart blood, and no poison was detected in stomach contents.

[-]. Forensic Pathological Diagnosis
1.…….

2.…….

[-]. Analysis Description

1. The body surface of the deceased was burned on a large area, and most of the skin and superficial muscles of the limbs and genitals were charred. The skin of the burned and unburned adjacent parts had no hyperemia, no burn blisters, that is, no life reactions to burns.The mouth and nose were covered with fragments of clothing, smoke and dust, but they were not inhaled into the mouth, nose and trachea, indicating that Deng X had no breathing function when he was burned.The body was in a supine position without struggling, and there was no change in body position, indicating that Deng X was unconscious when he was burned.These examination findings have the general signs of cremation after death.

2. The neck groove is pale, without subcutaneous hemorrhage, and the ridge between the grooves has no hemorrhage and blister formation, and there is no obvious life reaction, which is consistent with the signs of the groove after death.

3. There are scattered superficial skin injuries and deep muscle bleeding in front of the neck, which have the signs of general strangulation injuries, and are located under the strangulation wires, indicating that they are caused by strangling the neck before strangling the neck.

4. The corpse's face was bruised and swollen, both eyeballs and subconjunctival hemorrhage, and bloody foamy liquid flowed out of the mouth and nose, showing obvious signs of suffocation, which should be caused by strangulation of the neck.

5. Except for neck strangulation and suffocation, no other fatal injuries were found. Both strangulation and burning were caused after death.

6. The vulva was charred and charred, the shape of the hymen could not be checked, and no sperm cells were found in the vaginal contents, so it was difficult to identify it as rape for a while.

[-]. Identification conclusion

According to the above test results and analysis, the deceased Deng X was strangled to death by others, and the strangulation and burning were carried out after death.

Appraiser: Chief Forensic Physician: ××× (signature)
Chief prosecutor: ××× (signature)
×× Judicial Identification Center Judicial Identification Seal

Two ×××year×month×day
44. How to determine the validity of the testimony of a witness who cannot appear in court?
He is 83 years old. On a certain day in 2006, when he was passing by the door of his son's house after a meal, he saw that his son had a dispute with Lu Moumou to build a bathroom, and Lu Moumou was prying the bathroom of his son's house with an iron bar. .He walked over to stop him, and Lu Moumou bumped into He Mou while turning around and pushing him away, causing damage to his left femur and neck femur, which was later identified as a Grade 57468.63 disability.He sued the court and demanded that Lu Moumou bear various expenses of [-] yuan.

During the trial, both parties unanimously confirmed that Xu was present. Therefore, Xu's testimony can be used as evidence for finalizing the case.However, Xu was unable to testify in court for some reason, and the testimony of Xu provided by the plaintiff and the defendant was quite different. The transcript proves that it did not know how the plaintiff fell.After investigation, the testimony transcript provided by the plaintiff was obtained by the police station according to law on the third day after the incident, while the testimony transcript provided by the defendant was obtained by the defendant's agent after the plaintiff filed a lawsuit.

Analysis according to law
"Regulations on Evidence" stipulates in principle the procedures and identification of witnesses' testimony. "Witnesses shall appear in court to testify and accept inquiries from the parties." The prescribed "witnesses cannot appear in court due to real difficulties" refers to the following circumstances: (56) those who are old, infirm or unable to appear in court; (70) those who cannot leave for special positions; (47) Unable to appear in court due to force majeure such as natural disasters; (1) Other special circumstances in which it is impossible to appear in court. In the case of the preceding paragraph, with the permission of the people's court, witnesses may submit written testimony or audio-visual materials or through two-way audio-visual transmission technology Article [-], Paragraph [-] stipulates: "Evidence shall be presented in court and cross-examined by the parties. Evidence that has not been cross-examined shall not be used as the basis for determining the facts of the case."

From the above provisions, it can be seen that the legal essence of the testimony of witnesses mainly includes the following aspects:

1. Witnesses are obliged to testify in court. Article 70 of the "Civil Procedure Law" clearly stipulates that all units and individuals who know the circumstances of the case are obliged to testify in court.Therefore, it is the legal obligation of witnesses to testify in court.However, it should also be noted that there are currently no sanction measures for witnesses to ensure the fulfillment of the witness's obligation to testify in court.

2. Testifying in court is a principle, not testifying in court is an exception.Only witnesses who are "unable to appear in court" may not appear in court, and witnesses under other circumstances shall testify in court.This is a prerequisite measure taken to ensure the authenticity and reliability of witness testimony.

3. Accepting the questioning of both parties is the guarantee of the effectiveness of witness testimony.Evidence that has not been cross-examined shall not be used as the basis for a verdict.Witness testimony, as a kind of evidence, must also accept the cross-examination of both parties, but the witness should explain and explain the questioning of the parties so that the testimony has logical integrity and procedural neutrality.

4. The permission of the people's court is a procedural prerequisite for a witness not to testify in court.Without the permission of the people's court, any witness testimony shall not be deemed valid.This "permission" should be the explicit permission of the people's court, not implied; at the same time, this "permission" must also be a public permission, that is, it should at least let the other party know.

Judging from this case, regardless of the department and time of the transcripts, the transcripts of the police station can better reflect the authenticity of the incident. Accordingly, the probative force of the evidence submitted by the plaintiff is obviously greater than that of the defendant. Therefore, it should be determined that the plaintiff fell to the ground and was injured by the defendant.Accordingly, Lu Moumou has to bear the main responsibility.But at the same time, the plaintiff was already in her eighties, so she should have foreseen the danger of going to the scene of the accident, but she failed to fulfill her obligations, so she should bear part of the losses.

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(End of this chapter)