Research On The Special Constitution Of Victim’s Compensation For Damages

The special physical victim’s compensation for damages is that perpetrators’behaviors cause victims’special physical to lead to harm victims’right to life to health or to body and finally cause injury, disable and even death etc. It is different between the compensation for damages to the special physical victims and the general ones, the biggest different between them is that there is victims’special physical constitution in the former one. The special physical constitution is as a physical or mental state which is complex for victims and perpetrators to know it and its order of severity and types are varied, all of these make it difficult to ensure the compensation for damages.Nowadays, there are lots of problems in the compensation for damages for the special physique, the laws which is just for the general victims are not sound in the responsibility and range to the special ones. The directly stipulated law is confined in the practical situations, moreover the standards of examining the special physique are different in judiciary, all of these leads to the appraisal results are uncertain, then it is hard for the victims with special physical constitution to get compensations. The reasons for the troubles lie in the authorities ignored the complexity in the special physical constitution they just focus on the logic. In order to compensate for the victims timely and effectively and vindicate the justice of judiciary, we should enhance the status of compensation system among the whole jurisprudence. What’s more, we should improve the law as following, combining the foreign experience with our own national conditions. We should make the definition of victims with special physique clear, and make the manage system and the risk disperse system sound. And we should improve the relief system of investigating and assisting the victims with special physical constitution.