The Victim Special Physical Damage Compensation Liability Case Study

Under normal circumstances, the injury consequence due to the infringement, the infringer to himself the infringement damage consequences shall bear the liability for compensation, but, when victims who object is a special physical fitness, due to the victim's special physical injury consequence caused by the expanding or worse, on special physical fitness of the victims of tort liability for damages shall decide how to? Whether the infringer to expand, as a result of special physical fitness or aggravating the injury consequence shall bear the liability for compensation? This article through the analysis of cases and theoretical reasoning, explore the infringement responsibility of the victims of the special physical fitness,and puts forward Suggestions for the handling the infringer liability for damages. Except the introduction, this paper consists of four parts.The introduction of this paper selected topic background, the selected topic significance and research review, etc.The first part, the origin of the problem. The author to the screening of the special physical fitness of the victim, on the basis of typical case analysis, inductive, found that because of the special pathological role of constitution, the victim infringement behavior often leads to special victim suffered the injury consequence of expanding or aggravating constitution, in this case, the author thinks that, under the action of tort and special pathological constitution lead to expand or aggravating the injury consequence, one of the special constitution should be as the basis of imputation, the tortfeasor shall bear injury consequence to expand or increase the liability for compensation.The second part, respectively, from the perspective of legal basis and the realistic need of special physical fitness should be as the necessity of the imputation basis in this paper.The third part, this part from the perspective of safeguard the rights and interests of special physical fitness the victim, mainly from the implementation of the legal fair value and fully special physical aspects such as the victim rights relief, demonstrates the special constitution shall be used as the imputation basis of legitimacy.The fourth part, according to the example analysis and theoretical demonstration, the author puts forward, uphold justice, on the basis of imputation principle, the victim infringement cases under the comprehensive consideration of special body of various factors,should not only adhere to the special constitution as the basis of imputation, full protection ofthe rights of special physical fitness the victim, also want to consider the particularity of part of the case, just to be investigated for the infringer liability for damages, realize the special case of justice.