Research On Compensation For Special Physical Damage Of Victims In Tort Liability

Tort cases caused by the victim’s special physique continue to climb in recent years.The "Elevator Persuasion Case" has attracted more public attention,and the dispute cases of tort damages caused by the victim’s special physique have become the focus of the society.At present,there are no clear laws or regulations to deal with such disputes in China.Judicial organs have different opinions in practice,and they can be summarized into two types: the infringer bears full liability and reducing the liability of the infringer.The main reasons for such differences include the different criteria for determining causality,the incomplete consideration of victim’s special physique damaged when the judicial organs handle disputes,and so on.In this regard,it is necessary to actively construct the regulation for the compensation of victims’ special physical damage in the tort liability in order to protect the lawful rights and interests of the person concerned,and safeguard the justice and credibility of justice in China.the author puts forward four suggestions for China’s handling of cases of compensation for victims’ special physical damages: First,to unify the criteria for determining causality;Second,distinguish the type of subjective fault of the infringer;three is to clarify the victim’s special physical damage compensation program;fourth is to establish a scientific and reasonable injury participation evaluation system.