The Issue Of Division Of Compensation Liability For Victims Of Special Physical Constitution In Traffic Accidents

After 2014,cases involving the division of liability for special constitutional torts in traffic accidents are on the rise.In the problem of division of tort liability of special constitutional victims in the area of traffic accidents,the result of direct damage or follow-up indirect damage to the victim is caused by a variety of factors.The special constitution of the victim is a problem that cannot be ignored.The Supreme People’s Court issued the No.24 guidance case for this type of infringement case.The guidance case follows the principle of "head of eggshell".The actor assumes all tort liability and applies all compensation principles.This principle is indeed reasonable in the general situation of special constitutional infringement cases in traffic accidents,but with the diversification of practical needs,in the face of more specific and complex cases,it may lead to unfairness.Therefore,considering the combination of the principle of full compensation based on general principles,this article considers several exceptions for the actor to mitigate liability for infringement,applies the principle of partial compensation,and breaks through the shackles of extreme judgmental thinking.It is truly timely for China’s judicial practice.In the field of traffic accidents,the division of cases of special constitutional tort liability compensation provides some judgment ideas,so as to make the handling of this issue more perfect in the judicial practice.The first chapter of this paper uses the case method to directly raise questions and analyzes the research background and significance.The second chapter introduces the concept,characteristics and classification of the special physical constitution of the victim.The third chapter focuses on the theory of causality between the victim’s special constitution and the division of tort liability from the two perspectives of the mainstream theory of causation in the civil law system and the Anglo-American law system.It finds that various doctrines are everywhere,lacking qualitative causality.Judgment theory can fully support and guide the division of special constitutional tort liability cases in traffic accidents.The fourth chapter analyzes the principle of "head shell" and Supreme People’s Court No.24 guidance case and foreign jurisprudence.These three angles are the causes of all liability in the special constitutional tort liability dispute in traffic accidents;the reason theory is analyzed.As for some cases at home and abroad,these two anglesare the arguments for adopting the mitigating liability in supporting the special constitutional tort liability disputes of traffic accidents.Finally,it concludes that the division of liability for tort liability of special constitution victims should include two parts: the principle of full compensation for assuming full liability and the principle of partial compensation for relieving liability.On the basis of adhering to the principle of full compensation,the analysis lists several special cases.In order to realize the justice of the case and to mitigate the exception for liability,the principle of partial compensation shall apply.