Motor Vehicle Road Accident Victims In The Special Physical Problems Of Damages

Accident liability disputes, the victim’s death, disability, or other damage issometimes caused by many reasons, in addition to the traffic accident trauma factors,but also with the victim’s own constitution, the original victims of their own factorsrelated diseases. As the complexity of causation and the relevant provisions of theimperfections, resulting in handling such cases more difficult, and the resultsarbitrary large. In my search for a case, the handling of cases of this type, there aredifferent views. Different causal theory applies directly affect the result of the typescases that deal with liability and compensation established or size of therange."Competition", it is outside the "common infringement behavior" independent"type", the tort liability of the bear, not the form of "joint and several liability", butaccording to the various reasons for the occurrence of injury consequence of "force"(" action "), to determine the reason should be Shared by the tort liability. Thesupreme people’s court explanation about personal injury compensation as prescribedin paragraph2of article3:"two or more persons have no joint intent or jointnegligence, but its implementation respectively several ACTS that are indirectlycombined and result in the same injury consequence, shall, according to faults or theproportion of each cause bear corresponding liability to pay compensation.""The tortliability law the provisions of article12the same two or more persons, respectively,the implementation of tort damage, can determine the size of the responsibility,assume their respective liabilities accordingly; to determine the size of theresponsibility, the average shall bear the liability for compensation." Make up the"competition" legal effect is:"to determine the size of the responsibility, assume theirrespective liabilities accordingly; to determine the size of the responsibility, the average shall bear the liability for compensation." Provisions didnot express "to determine the responsibility size" standard, and the rule of "cause"multiple external cause is the case, without internal external combined with thespecial situation. Scholars put forward the concept of cause in our country, theJapanese scholar puts forward the concept of accident sent with degrees, by methodof references in the medical community in our country, renamed the injuryparticipation. Reason force and damage the introduction of the concept ofparticipation, special physical fitness can better solve the traffic accident victimsbecause of the combination of internal cause and external cause of special "morebecause of a fruit" cases, liability share problem between the actor and the victim, as"the combination of internal cause and external cause type" will provide a scientificbasis for the civil compensation of traffic accidents.I suggest, drawing on commonlaw causation dichotomy theory, causal relationship to the fact that forensicconclusions as the basis for forensic conclusions as the consequences of theinfringement and the damage causal relationship between the existence of objectiveevidence of the fact. Second, identify the legal causation, to fault, legal policy, socialand other risk-sharing into account both the rational allocation of the duty of care, toadopt a flexible approach, give full consideration to the specific circumstances of thecase and make the greatest efforts to achieve social justice, effective way to avoidjustice of the confusion and bias.