Special Physical Victim Compensation System Research

In recent years, as the victim a special mass tort consequence caused unexpected damage compensation dispute cases are increasing. In the infringement case, when the injury consequence caused by the victim’s special physical fitness aggravating or expanded, the infringer should to assume liability to pay compensation to accentuate the injury consequence or expand? Or the victim shall contribute to or expand injury consequence to bear the responsibility? How to solve the violation to the victims of special physical damage compensation dispute? At present there is no special provision of the law, theorists have not formed a consensus. From judicial practice, the court or by the infringer full compensation, also has a decision to consider the degree of fault, causal relationship, why force ratio factors such as reducing the infringer’s liability to pay compensation. Because the special constitution is complex and diverse, And there is no specific law regulations, The judge’s knowledge is different, which appeared in handling special constitution the victim is infringement cases, the theoretical analysis of this kind of case applicable law, the similar case applicable law each are not identical, similar case verdict difference is bigger, lead to the scale is not unified phenomenon occurs frequently, This is not conducive to protection and relief for the victims, but also to a large extent affected the credibility of justice.This article through to the connotation of special physical fitness the victim compensation system, especially, the analysis of the current court cases, Through research and comparison of domestic and foreign theoretical research, legal provisions and cases, etc., puts forward the special constitution the judgment of the victim compensation system factor, And considers that the principle of tort liability for the victim of special physical constitution should be applied to the principle of full compensation, in special circumstances can reduce the liability of the infringer, established the referee rules to build special constitution the victim compensation system, in order to further research and trial practice provides a new perspective.