The Study On The Case Of Liability Dispute Between The Victim Of Special Physique Yu And Xiong Xiaomei In Motor Vehicle Traffic Accident

The special constitution of the victim and the tortious act of the perpetrator cause the damage consequences together.How to determine the tort liability and specific commitment has become an important issue in judicial practice.In view of the special characteristics of the victims in traffic accidents.The influence of constitution on the responsibility is not clearly stipulated in the relevant laws and judicial interpretations in China,and it is difficult to be ignored.The people’s court only makes judgments on such cases on the basis of trial experience.This also led to different judgments in the same case.In order to promote the improvement of the legal system,the Supreme People’s Court issued the No.24 guidance case.It points out that the victim’s special constitution can’t be regarded as a reduction if he has no intention or negligence.The actor should still bear full responsibility for the basis of light or exemption of tort liability.Guidance 24 refers to the "Eggshell Skull Principle",but it does not fully use all the rules in the principle,so it has something to do with it.The issue of the Supreme Court’s No.24 guiding case has a certain impact on the solution of the problem,has played a guiding role in the trial of some cases,but there is still the phenomenon of different judgments for the same case in judicial practice.This is mainly due to the diversity of the victim’s special physique,as well as the diversity of the case trial and other reasons.Therefore,this paper takes the case of liability dispute between Yu,the victim of special physique,and Xiong Xiaomei in motor vehicle traffic accidents as an example.The object of study is to analyze the tort liability of special constitution in domestic and foreign laws,and compare the case studied with No.24 to explore similarities and differences between the guidance case No.24 and the study case,explore the limitations of No.24 guidance case in the application of specific cases.Then through the analysis of the types and characteristics of the victim’s special constitution,to clarify the consideration factors of the victim ’ s special constitution in tort liability,such as the causal relationship between the special constitution and the infringement results,the specific types of special constitution and so on.On this basis,the corresponding countermeasures are put forward,in which the infringer should bear all the compensation.At the same time,the special physical conditions of the victims in specific cases should be taken into consideration.It is hoped that this study can provide help for the future trial of such cases.