The Application Of "Fault Offset" In Cases Where The Victim Is Of Special Constitution

“Negligence offset" is a basic system in China's law of compensation for damages.Its theoretical basis lies in the principle of fairness.Article 26 of the Tort Liability Law directly reflects that the infringed person is also at fault in the occurrence of damage,which can reduce the liability of the infringer.However,no matter the Tort Liability Law of our country or other laws and regulations are generally regulated by the activities of the normal constitutional person,there are no relevant provisions for the special constitution of the victim.In addition,in judicial practice,different courts have different opinions on the adjudication of such cases.In 2014,the Supreme People's Court issued Guidance Case No.24,which made it clear that the victim Rongmou should not be held responsible for the disability caused by traffic accidents because of the causal relationship between his or her health status.That is to say,in this case,the fault offset application of special constitution was denied.However,there is still much controversy in practice about whether and how to apply "fault offset" to special constitution,and there is no clear and relatively unified view.This paper mainly focuses on the case of the victim as a special constitution,and discusses the application of fault offset.Through the analysis of different judgment conclusions and judgment viewpoints of courts in judicial practice,as well as the discussion of the principle of complete compensation and limited compensation in such cases in academic theory,and on the basis of adhering to the corresponding value orientation,this paper puts forward some opinions on the application of the degree of fault resistance in the special constitution cases of victims.There are mainly four parts.The first part raises questions.Three typical cases lead to problems.What is the fault in the offset of negligence? The special constitution itself must not be regarded as a fault.Then,when the special constitution of the victim and the tort act act together cause the same damage consequence,can the special constitution of the victim be used as the cause of derogation of tort liability to offset negligence? If it can be applied,how will it be applied?The second part is about the identification of fault under the special constitution of the victim.Through the identification of the fault of the victim,and then study the constitution of special constitution and tort liability,as well as the identification of special constitution and fault.The third part mainly talks about the theoretical divergence and analysis of negligence offset in the special constitution case of the victim.By discussing different theories and disputes in judging special cases of constitutional compensation in judicial practice,this paper analyses the consideration and significance of different compensation principles.The fourth part is the application of "negligence offset" in cases where the victim is a special constitution.By comparing the theoretical basis,advantages and disadvantages of the two different judging viewpoints,this paper clarifies the value orientation of fault resistance in the application of special constitution cases,and puts forward its own views on specific application issues.