Research On The Tort Liability Of The Special Constitution Of The Victim

In the medical field,the concept of special physique means that the physical function is different from the physical state of ordinary people.In the field of tort law,the leading factors that are different from the physical condition of ordinary people are mainly genetic factors or serious diseases,which refers to weak physical function or mental state.The physical condition of an ordinary person does not include conditions that are stronger than that of an ordinary person’s constitution.Because victims with special constitutions have lower physical fitness than normal people,their ability to withstand risks will also be reduced.When others commit harm,the harm caused by the harming behavior and the victim’s special physique will cause more damage than the harm done to normal people.The damage caused is more serious.my country does not currently have provisions on the compensation of damages for victims of special physique,and there is no unified conclusion in the academic and practical circles,resulting in different judgments and different handling situations in judicial practice.With the frequent occurrence of such cases,the situation of case trials has attracted attention from all walks of life.Case No.24 in the sixth batch of guiding cases issued by the Supreme People’s Court has given rise to the trial of tort liability cases for victims of special constitutions in judicial practice.Certain guiding significance has improved the trial situation of related cases.Real life situations are complex and changeable,and each case has its own special features.Guiding Case No.24 has its deficiencies in theoretical reasoning and adjudication angles.Many courts have refused to apply this in adjudication cases,resulting in special physiques.The solution to the problem of damage compensation for victims is imminent.I have analyzed the status quo of judicial judgments concerning special constitution infringement cases in China in recent years,and have also collected relevant theories on special constitution infringements in other countries outside the territory,and found that some judges deal with these issues regardless of whether it is "egg shell head".When the rules are still analyzed from the perspective of causality,they simply analyze at the theoretical level and come to the conclusion of "with or without causation",but there is very little reason for the specific damage compensation.This kind of "or" The solution of "causality and or no causation" is unable to deal with the complex and changeable facts of specific cases.Analyzing the causal relationship between the special physique and the damage result is certainly important,but after analyzing the causal relationship,it does not mean that the perpetrator should bear or reduce the corresponding legal liability as it should,because the perpetrator takes the tort liability for more than just factors.There is only one element of causality,and other rules and factors must be considered.Therefore,the second half of this article also discusses other value factors that are considered in imputation,such as how to make the burden of damage fairer,that is,to consider the principle of fairness,and how to grasp the degree of freedom of the victim’s behavior and the reduction of responsibility.It should not be excessive.Restricting the victim’s behavior should not allow the victim to use his "special physique" to make the perpetrator bear excessive responsibilities.In summary,first consider the tort liability requirements such as the legal relationship of infringement and the subjective fault of the parties,and then comprehensively consider the protection of rights and interests,the fair distribution of damage,the protection of freedom of action,the efficiency of damage prevention and other factors,and the special constitution and tort liability of the victim shall be assumed Carry out typified construction in order to deal with complex realities.