Reaserch Of The Application Of Contributory Negligence In The Case Of Special Constitution

Legal provisions haven't been enacted on special constitution cases in China.Therefore,adjudications of judicial practices in court through the country are different.Meanwhile,supreme people's court adopted"eggshell skull" rule,which is popular in broad provision,for No.24 direction case in 2014.It is still a controversy of theories and practices whether fault offset regulation is suitable for victims who are special constitutions.This essay collected 120 tort liability dispute cases about special constitutions since No.24 direction cases were announced by supreme people' s court by sampling analysis.Positive views and negative views in effective judgment with reasons hold certain proportions according to the data analysis,together with the identification of the different views of judgment reasons.Medical damage liability disputes and vehicle traffic accident liability disputes attract majority amount according to the cases.However,causative potency theory presents different views towards these two cases:medical damage affirms the adoption of fault offset regulations while vehicle traffic accident negates so,the second usually takes "eggshell skull"for instead.According contrasting and analyzing advantages and disadvantages of the entire different judgment views,this essay stands value orientation of contributory negligence in special constitution cases,and comes up with viewpoints about the rules.Firstly,contributory negligence should be adopted with high risk groups which should have obeyed the obligation of high level attention for themselves.Second,for those special constitutions which should have noticed spread damage,contributory negligence should be used based on spread damage results.Last,special constitutions,lack of attention for damage results,don't have responsibility for damage,they are not suitable for contributory negligence.The essay takes collected cases for examples and bases on the mentioned theories to analyze the cases in order to represent rationality and feasibility.The author wishes to increase theories bases for special constitution in judicial practices according to the statement,which will help to perfect to dispose judicial practices on these mentioned cases.