Research On Tort Issues Of Victims With Special Constitution

Currently, special physical infringement cases is increasing, the fairness of its judgments also raised concern. The special physical victims tort cases are different from the general tort, the biggest difference is in the infringement during the former victim "special body" of the factors involved, resulting in a more serious situation than the average personal injury or general the case of personal injury does not occur. Foreign early focus on the issue of infringement victims of special physical, and our theory of special physical victims rarely infringement thematic studies. In dealing with victims of special physical piracy, and international traffic "eggshell skull" rule, and our reason always use force participation theory and the degree of damage, and early for the "eggshell skull" rule is more exclusive. Guiding case as a typical victim on the 24 th special physical infringement cases, for the first time confirmed the internationally accepted "eggshell skull" rule in the headnotes(victim impact special physical damage as a result can not relieve the defendant of liability basis), it had an important influence in our country in similar cases, changing the traffic accident tort cases based on the degree of damage involved in the situation to alleviate the responsibility of the offender.Special physical processing infringement cases is difficult to avoid the judicial practice, need to properly handle the issue, the judge affects the quality of justice and the realization of social fairness and justice in such cases processing capabilities. However, the victim of special physical infringement still facing some difficulties in the process of applying the theory of special physical victims of infringement cases, the reason to use more force our old theory, but the current "eggshell skull" rule theory is incompatible with the reasons for the force, appears on the theory applied not uniform; on the compensation standards, accidents infringement cases by the partial compensation gradually converted to full compensation, while still in medical tort action is part of the compensation, which is not unified standard appeared in damages showing harm people no compensation, compensation and all three cases partial compensation(herein by reference all of the circumstances of the case the victim is not at fault).This paper argues that the damage should be based on the principle of equitable sharing and protection of freedom of action, considering the morphology of the infringer’s subjective fault, damage prevention efficiency and foreseeability of the damage factors such as value analysis and judgment. Conclusion This article provides a path of trial and victims of special physical methods- infringement cases presented factors identified in the law of causality need to look at, and to support our applicable "eggshell skull" rule, but it is suitable to make some necessary limits. On the principle of compensation, in order to support the principle of full compensation, partial compensation for the exception. In addition paper also proposes the relevant insurance or a doctor can establish special physical infringement compulsory liability insurance, in order to better achieve the purpose of filling the damage, both to make the decision more credibility and temperature.