The Research Of Special Physical Damage Compensation

The reason why carry on a research of Special physical damage compensation is that the special physical damage to the victim will result in damage to the victim’s health and even the right to life, but because of the victim’s special physique intervention, resulting in further expansion of the damage, for this part of the damage, whether the all responsibility will be undertook by the infringer or shared by victim according to the degree of participation of their special physical damage.In this paper, through two cases leads to this kind of case is difficult to solve the main reasons: one is the victim of the special physical fitness can block the infringement and the causal relationship between damage consequences; The second is the victim of special physical fitness a certain influence on the occurrence of injury consequence or expand, can be regarded as the victims of the occurrence of injury consequence with fault and negligence offset rules in order to diminish the responsibility of the infringer shall apply. Victim of special physical fitness is the cause of the damage happen in fact the fact that a judge is easy, but the special physical fitness and injury consequence if there is a legal causation belongs to the legal evaluation, comprehensive to judge the infringer’s subjective status, the values of fairness and justice, the concept of damage to the bridge, special physical factors such as the complex condition, through the value measure and legal policy considerations, damage to the victim’s special physical fitness can be judged as the consequences of legal reasons make a comprehensive judgment.Solve such case should adhere to the principle of full compensation, and complete compensation principle is not only a comparison method in practice for reference, and also has its legitimacy on legal basis;But because of the complexity of the special physical case, if all shall request the infringer assume liability to pay compensation, may also unfair to the infringer, therefore, on the premise of adhering to the principle of full compensation, some special cases, need to do to fully compensate for certain restrictions.This article put forward to solve such cases according to the degree of subjective fault of the infringer, puts forward the typed way of tort liability, in order to realize, analyzing the specific case of justice on both sides.