| The number of traffic accident damage compensation cases involving the victims’ fragile constitution which is different from ordinary people due to congenital or acquired reasons is increasing day by day.In such cases,there are various reasons for the victims’ physical damage consequences,and the special physical problems of the victims should not be underestimated.In response to the confusion in the judgment of such cases in judicial practice,the Supreme People’s Court issued the No.24 Guiding Case on behalf of safeguarding the rights and interests of the victims,which followed the "eggshell head" rule in terms of damages compensation,that is,the actor is responsible for all damage consequences.However,it is unfair to make the perpetrator responsible for some of the damage that his own special constitution plays a role in all circumstances.Injury participation reveals how much impact the accident had on the damage consequences of the accident,and whether it should be considered as a factor in solving such cases is highly controversial in the academic circle.Because there is no legal norm to stipulate the degree of participation in injury,there are different judges.To put forward effective solutions,this article obtains from the judicial case,analysis of this kind of problem solving difficulties: special physical fitness standards is not clear,the causation of heavy and complicated,if special physical fitness can be identified as fault in civil law,the victim with special physical fitness is higher than that of normal people attention obligation,and whether considering damage engagement around the court have different attitude.Injury problems are still not open around the causality of participation,then through the continental law system and Anglo-American law system causality theory,special physical fitness and the relationship between the fault and participation for damage theory at home and abroad were analyzed,and solves the engagement,such cases shall be considered damage and damage participation applicable proposals are put forward.In judicial practice,the rigid causality theory should be abandoned,and the causality type between special constitution and damage consequence should be directly divided.When determining the liability for compensation,the principle of full compensation should be adhered to.On this basis,partial compensation should be implemented in different cases in order to make each case fair and just.Establish a reasonable and unified assessment standard of damage participation;Injury participation was applied to distinguish between direct and indirect damage consequences.Through the traffic accident in the field of victims suffering from a special constitution of the damage compensation dispute to provide a reasonable and feasible judgment thought,in order to better solve such cases in judicial practice. |
