Research On The Compensation For Damages Of Special Constitution Victims

In China,the "special constitution" rule and the foreign "Eggshell Skull Principle" established by the Supreme People’s Court No.24 guiding case have not become the general rules to solve the problem of compensation for the victim’s special constitution damage.Judicial practice circles have different judgments on the same case whether the victim’s special constitution can reduce the liability of the injurer,and there are obvious theoretical differences on this issue in academic circles.The identification standard of special constitution is different in various cases.The judicial application is chaotic,as some courts regard special constitutions to be force majeure,an intervening factor,or a superimposed causal relationship.Special constitutions shall be abnormal constitutions beyond reasonable limits.Understanding special constitutions shall be based on respecting differences in normal constitutions and considering the existence of the lowest risk in society.The causality with special constitution involved has an important influence on damages compensation.The theory of causality in both the civil law system and the common law system has the problems of poor policy consideration and poor value judgment,and the principle of full compensation determined by the Eggshell Skull Principle is not reasonable.Thus the understanding of causality shall break through this rule to seek the predictability between behavior and result,and use the theory of causative potency to allocate the scope of responsibility of the parties.The subjective state of the party has an important influence on the damages.Most scholars believe that the actor’s intention will interrupt the causal relationship of the case,so that he shall be held liable for all compensation.While others who disagree with that believe the intentional act of one party is not the exemption ground of the negligent party.I agree with the second view.The analysis of the subjective fault of the parties should adopt a typified analysis thinking and share the damage reasonably according to the limits of the parties’ behavior,the duty of care and the informed status.