The Role Of Special Physical Fitness In Tort Damages Of Legal Analysis

At present, the cases of infringement of special physical fitness has arising trend. Theory and practice of law on special physical fitness in tortdamages the function and position, has great differences, directly affect thetortfeasor’s liability and compensation. In this paper, by comparing the "head"shell theory, the theory on special physical fitness cause tort damages andacted in the judicial practice, the application demonstration special physicalfitness for the tort of force, to determine the causal relationship should givefull consideration to the special physical factors in the analysis. Throughspecial physical fitness in different types of cases and the common role ofinfringement, the formation of the result of the tort of causality, on this basis,from the legislation, technical, compensation, the judge and so on fouraspects, the specification of special physical fitness infringement case areproposed.In this paper, besides the introduction part, the text includes three parts.Main content of the introduction part is to introduce the concept of the specialphysical infringement cases, and introduces the present situation of the specialphysical infringement cases and differences. The main content of the first partis the introduction to the theory of shell head, cause stress theory in theapplication of special tort compensation constitution and the judicial practice,this paper special constitution was the cause of tort. The main content of thesecond part is on the influence of the special physical causation ofinfringement. The main content of the third part is the proposed standard special mass tort damages case path and method.