Research On The Application Of The Eggshell Skull Principle

At present,the rapid development of science and technology,the exchanges between people are getting closer,and close contacts and technology convenience also lead to risks everywhere,and the number of infringement cases is increasing day by day.Among them,cases of special physical and personal damages have gradually entered people's field of vision.Whether a particular constitution can be a mitigating or exempting the infringer's liability is often the focus of controversy in such infringement cases.The principle of force theory has been widely applied in dealing with infringement cases in China,and the guiding case No.24 of 2014 broke the “monopoly” of the theory of cause.The case pointed out that although special constitution is an aggravating factor of damage,it is not mitigated or exempted.The infringer shall still bear full liability for compensation in the statutory case of the infringer's tort liability.This guiding case is regarded as a landmark event in China to introduce the Eggshell Skull Principle.The norm of the Eggshell Skull Principle applies both theoretical basis,moral legitimacy and economic rationality,and is more in line with the function of tort law to fill the damage and guarantee freedom of behavior.At present,the basis for carrying the connotation of China's Eggshell Skull Principle is only the guiding case No.24,and this basis is not completely widely applied in China as envisaged by the people,but the fate of other guiding cases.The same,in the "reference" applicable position.This directly leads to the failure of the Eggshell Skull Principle to be universally applicable,and even if it is applicable,it is implicitly applicable.The main reason is that the judge is used to analyzing the case guidance system itself and lacks the habit of applying the guiding case.The ingrained reason force theory and the principle of arbitrary application of fair liability.As we all know,the life of the system lies in its implementation,and only the system that is implemented will have “spirituality”.Otherwise,the best system is just a box of words that are not living on paper.The same is true for the implementation of the Eggshell Skull Principle.To this end,we should fully draw on the advanced experience outside the domain,standardize the trial path,establish a complete supporting system and improve the case guidance system to act on the current and future judicial field.