| There has been controversy on how to judge the establishment of tort liability and how to determine the scope of tort liability for damage caused by the victim’s special physique due to the joint action of the actor’s behavior Victims’ special constitutions are mainly divided into body type special constitutions and mental type special constitutions,and body type special constitutions are divided into special constitutions caused by physiological factors and special constitutions caused by pathological factors.The damage caused to the victim of special physical constitution shall be liable for compensation and the standard of how to bear the compensation liability.The full text is divided into three parts:The first part is the basic situation of damage compensation for victims of special constitution in China.Through the analysis of the typical cases of damage compensation for special constitutional victims in China,the three types of situations that are common in judicial practice are summarized,that is,the actor bears the responsibility for compensation for all the consequences of damage to the special constitutional victim,and the actor is responsible for the special constitutional victim.The damage result is not liable and the actor and the victim of special physique are liable for the damage result in proportion to their respective faults.In the process of analyzing typical cases,the main controversial focus of the damage compensation case for the victims of special physical constitution in China is drawn.The second part is about the problems of damage compensation for victims of special constitutions in China and the reason of the existing constitutions.From the perspective of how to determine the establishment of tort liability for the damage of a special physique victim to how to determine the familiar damage all over the world and in other countries,the difference between the special physique victim’s damage compensation case and the general tort case is:The key point is to determine whether the actor has a special effect on the special situation by analyzing whether there is a causal relationship between the actor’s behavior and the consequences of damage to the victim of special physique and whether the actor and the victim of special physique themselves are attributable to the consequences of the damage.Whether the tort liability of the physique victim is established,in order to further explore how to determine the scope of the infringer’s damage compensation,on the issue of how to determine the scope of the tort actor’s damage compensation to the special physique victim,there are three main points of view in our theoretical circles.The third part is to improve the recommendations for damage compensation for victims of special physical conditions in China.In China’s legislation,there is no clear provision on how to determine the damage compensation for victims of special physique.In addition,the discretion of the judge itself has made the situation of different judgments in the same case always exist in judicial practice,although the Supreme People’s Court has issued special The guidance case on the issue of physique victim’s damage compensation,although the processing result is similar to the applicable rules of foreign eggshell head rules,has its application limitations.By sorting out many different theories in China’s theoretical circles and judicial practice,And from the perspective of the comparative method to analyze the application of the "egg head rule in countries outside the region,the rationality of each theory is analyzed to provide a reference for China to solve such problems.Therefore,on how to determine the scope of damage compensation liability that the actor should bear,it must not be generalized.It must be combined with the specific circumstances of the case to grasp the individual differences in different cases.Through the introduction of this article,it can be used in China’s judicial practice. |
