Research On The Damage Compensation Of The Victim’s Special Constitution

The problem of damage compensation for the victim’s special constitution refers to when the tort and the victim’s special constitution cause the occurrence or expansion of the damage,and whether the doer can request the reduction of the damage compensation liability on the grounds of the victim’s special constitution.In response to this problem,the Supreme People’s Court issued the guiding Case No.24,which established the adjudication rules of such cases.However,the scope of application of the guiding case is limited,and it can’t deal with the complicated cases in practice.By comparing the solutions of cases of victims with special constitution at home and abroad,this paper regards that single way is not enough to properly solve the problem of damage compensation in such cases.According to the trend of multiple evaluation of cases of victims with special constitution in theoretical and practical circles,this paper adopts the method of flexible system.Under the guidance of basic values such as freedom of behavior and protection of rights and interests,elasticity evaluation is carried out on the cases of victims with special constitution through the selection of key elements and dynamic cooperation among elements,so as to properly solve the problem of damage compensation in the cases of victims with special constitution.This paper consists of five parts:The first part is the question raised.This part examines the application status of guiding Case No.24 in judicial practice,clarifies the deficiencies of guiding case No.24 in guiding practice through comparative study of case samples,and summarizes the main disputes in handling cases of victims with special constitutions.The second part is the comparison of the solutions of the cases that victims have special constitutions.This part introduces and analyzes the main methods of handling cases of victims with special constitutions at home and abroad,and calls for an evaluation system that more diversified by pointing out the shortcomings of each scheme in solving cases of victims with special constitutions.The third part is the multi-value standpoint of solving cases that victims have special constitutions.This section points out the trend of multiple evaluation in Chinese academic and practical circles in dealing with cases of victims with special constitutions,explains the essence of damage compensation and puts forward the value idea that should be followed in dealing with cases of victims with special constitutions.The fourth part is the choice and application of the flexible system.This part introduces the basic structure of the flexible system and determines five evaluation factors affecting the liability of damages by combining the characteristics of cases that victims have special constitutions.Through the dynamic cooperation among elements,the flexible evaluation of liability of damages is sought.The fifth part is the conclusion.This part summarizes the application of the flexible system in the cases of victims with special constitutions,points out the thought of the flexible system implied in judicial practice and expresses the prospect of it.