外伤在与疾病共同存在的案件中参与度的评判标准（草案）

在刑事和民事审判中，经常遇到一些损伤与疾病共同存在的案件，审判人员要求法医工作者分析二者在案件中所起的作用。目前国内尚无评定这二者关系的参考标准，为解决这一问题，我们以实际检案、审判实践和医学理论为基础，制定了本标准。根据损伤与疾病的作用大小不同，将外伤参与因果关系的程度划分了若干等级（０％～１００％），就涉及死亡、刑事案件的损伤程度评定（重伤、轻伤、轻微伤）和损害赔偿问题（医疗费、营养费、误工费、伤残者生活补助费、死者丧葬费等）提出了具体的外伤参与度评判方法和量化意见。

The Trial Draft-Standard of Assessing Contributory Ratios of Injury Coexisted With Disease in Cases

In criminal and civil trial some cases injuries coexisted with diseases in victims themselves are frequently encountered. Justices often ask forensic medical experts to explain the roles respectively played by the injuries and by diseases in the cases. So far, there haven't any reference standard that is helpful to assess the contributory ratios of relation between injury and disease in P.R.C. For the purpose, The Trial Draft-Standard of Assessing Contributory Ratios of Injury Coexisted with Disease in Caseswas esteblished, based on medical theories and experiences of forensic medical practice and trial. According to diffrent roles played by injuries and diseases in cases, the contributory ratios of injury are divided into many grades from 0 to 100 per cent, The standard presents details of judging methods and quantitation of suggestion about contributory ratios of injury for estimating causality of death, compensating of damage (e.g. cost of medical treatment,expenses of nutrition, loss of working time, atonement of living expenses of disability, cost of bury, etc.), and degree of injury in criminal actions,including severe injury, moderate injury and light injury.