The Influence Of Victim’s Special Constitution On Tort Liability In Traffic Accidents

With the development of society,the frequent occurrence of traffic accidents has caused an increasing number of tort disputes.Among them,there is a lot of controversy over whether the special constitution of the victim in a traffic accident will affect the tort liability.Although the Supreme People’s Court issued Guiding Case No.24 in 2014,it provided guidance on the impact of the victim’s special constitution on tort liability,but due to the complexity and variety of such cases,the rules of the Guiding Case could not meet the needs of practice.In order to deepen and apply the theory of tort liability,effectively solve the problems in practice and fully maintain the fairness and justice of both the infringer and the victim.Through the analysis of similar cases,this paper analyzes the impact of the special physique of the victims in traffic accidents on the division of tort liability,and further clarifies the sharing of responsibility and the scope of compensation in such cases under different circumstances.The relevant systems of the legal system and the civil law system,combined with the current judicial situation in our country,put forward suggestions on improving our country’s handling of the special constitution of victims.This article firstly clarifies the special constitution in tort law from the difference between medicine and special constitution in tort law,and points out that what is special constitution is the first problem to be solved in such tort cases.Secondly,by analyzing whether the victim’s special constitution can be identified as fault and the relationship between it and fault,it is pointed out that the victim’s fault can correspondingly reduce the tort liability of the infringer.At the same time,the influence of the victim’s special constitution on the tort liability is also analyzed.After that,this work addresses the causal relationship between victim’s special constitution and damage consequences,and analyzes the three causal relationships of common damage consequences,expansion of damage consequences,and early damage consequences.Finally,through the analysis of the cases in practice,this paper summarizes the exceptions of partial compensation,and further clarifies the circumstances of the partial compensation for the infringer.