| In infringement cases of the victim’s special physique,the composition and distribution of tort liability has always been a difficult point in trial practice.At present,the distribution of liability for damages in such cases has not been regulated by legislative technical means in my country.The Supreme People’s Court issued Guidance Case No.24 on January 26,2014,clearly stating that even if the victim’s physical fitness has a certain effect on the occurrence of the damage,if the victim of a car accident does not have negligence and is not at fault,then Special physical conditions should not be used as a defense to reduce the liability of the infringer.Through a large number of special constitutional infringement cases after the release of the guidance cases,a total of 58 cases of judgment reasons and results of such cases in the higher people’s courts of various provinces and cities were summarized.Among them,the guidance was followed in 18 judgments in the field of traffic accident disputes.There were only 9 cases where all compensation was awarded,and there were still 9 cases where the infringer was only partially liable.This shows that the scope of application of the Guiding Cases is very limited,and the composition and impact of the victim’s special constitution on tort liability needs further discussion.Because the current special physique is more of a medical concept than tort law,this article carefully reads the references and a large number of searches and analysis of such cases,and discusses the specific physique of the victim in practice.Begin with the elements of liability,and separately study the influence of the victim’s body constitution on the fault and causality,so as to clarify the essence of such infringement cases.Finally,by analyzing the limitations of the existing mainstream compensation principle-the Egg-shell Skull Principle,and the prerequisite basis for applying causal force theory in the field of medical malpractice,a comparison of the concept of proportional liability in tort cases involving victims with special constitution is obtained.The rationality of allocating tort liability and further proposes that the value of “proportion” should be determined based on the coefficient of “injury participation degree” by comprehensively considering various discretionary factors.Complete case facts are fully taken into account in the distribution of liability for damages,so as to achieve the purpose of this article to provide a reference for the practical trial of such infringement cases. |
