Game Analysis On The Compensation Liability Of Idiosyncratic Victims

The protection of victims’ rights and interests and the perpetrator’s freedom of behavior are a pair of basic contradictions that Tort Liability Law intends to adjust,and this contradiction becomes more acute when the victim’s idiosyncratic constitution is involved.When the combination of the victim’s idiosyncratic constitution and the infringer’s behavior leads to the occurrence or expansion of the consequences of damage,whether the idiosyncratic constitution affects the liability for compensation is the focus of controversy in such cases.There is no specific legal provision for this in legislation,and the theoretical circles debate this issue endlessly.In judicial practice,the Guiding Case No.24 issued by the Supreme People’s Court has not achieved the goal envisaged by the release.Therefore,it is necessary to find a new angle to conduct an in-depth study on the compensation liability of the victims of idiosyncratic constitution.The purpose of this paper is to sort out the judicial practice and theoretical research results of cases of idiosyncratic constitution infringement cases at home and abroad,and build a game analysis model on this basis to explore the influence of idiosyncratic constitution on different adjudication rules,and to apply the final conclusion to different judgment rules.type of cases to go.This article is divided into six parts:The first part raises questions,clarifies the significance of the research,and demonstrates the theoretical and practical value of game analysis as a research method by introducing domestic and foreign theoretical research and its shortcomings.The second part combines judicial cases to elaborate on the two common adjudication rules that are commonly used in my country to solve the problem of compensation liability for victims of idiosyncratic constitutions-the egg-shell skull rules and the causative potency established by Guiding Case No.24,and use this as a theoretical basis to develop Subsequent game analysis.The third part reflects on the egg-shell skull rules through game analysis and value measurement,and builds a model with the infringer and the victim as the main players of the game in view of the above deficiencies,and explores the influence of the intervening factor of idiosyncratic constitution on the egg-shell skull rules.The conclusion of compensation liability in cases of idiosyncratic constitution should be considered under the premise of distinguishing the degree of idiosyncratic constitution,and the consideration factors of the idiosyncratic constitution should be listed.The fourth part still adopts game analysis and value measurement to reflect on the causative potency rules and build a game model under the causative potency rules.Degrees of idiosyncrasy should match different rules.And no matter what kind of rule is adopted,the infringer should bear higher compensation liability,so as to encourage both parties to maintain appropriate caution to avoid damage.The fifth part combines the types of cases,the degree of fault of both parties and the conclusion of the game analysis in this paper,and gives judicial application suggestions for dealing with the issue of compensation liability for victims of idiosyncratic constitution in different situations.At the same time,this paper encourages the establishment of insurance in the medical field to achieve the mutual complementation of insurance compensation and tort compensation.The sixth part is the conclusion part,which summarizes the research conclusions of this paper,in order to provide a new thinking path for the judicial organs to solve such problem.