| Nowadays,most researches on the issue of special constitution infringement are too ambiguous,they ignored the different roles that various special constitutions could play in damages,only focus on physical constitution without paying enough attention to Special Mental Constitution(SMC).The lacking of clear legal guidance in the practice lead to inconsistent judgements.On this basis,this thesis studies the related problems in the case of SMC.Chapter One reviews the basic situation of special constitution infringement,and reflects on the current theoretical research,introduces the significance and research methods about this thesis.Chapter Two discusses the concept and characteristics of SMC by researching on constitution,special constitution and SMC.After that,we discuss the characteristics of SMC with tort compensation.Chapter Three goes into the domestic judicial practice of the SMC infringement to observe three aspects:responsibility establishment,scope of responsibility and allocation of loss.Based on this,Chapter Four conducts legal analysis and value judgment on the outstanding problems of practice.Firstly,the responsibility for damages of infringer should be excluded when his act without fault or illegality,and the causality should be take into consideration.Secondly,the scope of responsibility should be divided into three parts:direct damages,interventional damages and extensive damages.Thirdly,the allocation of loss varies from damages to damages,the principle of total compensation should be applied to the cases of intentional infringement and direct damages.In the case of negligence,infringer should be responsible for the interventional damages and extensive damages proportionately.Chapter Five provides corresponding suggestions to the issue of SMC infringement,proposes to draw a conclusion on the legislative and judicial field,sets up the insurance and management system,and completes the judicial psychiatric authentication to balance the interests and protect victims. |
PDF Full Text Request