Analysis Of Damages For Victims Of Special Physique

People with special constitution and ordinary people are more vulnerable than others,and they are more vulnerable to danger.Therefore,they are often infringed upon by others,and the protection and relief of the law is imperative.There is no strong legal theory to support the compensation for personal injury of special constitution victims.Therefore,in the judicial practice,the court has different judgment conclusions on the cases of damages of special constitution victims.The court has two kinds of decision methods: one is the principle of decision of legal interpretation.Laws and regulations,judicial interpretations and other special constitution can not be the offender breaks responsibility legal justifications for clear rules;The second is the application of the theory of reason force.Injury consequence is by the ACTS of the perpetrators and victims of special physical together,then the behavior of the person and the victim's special physical fitness have damage participation,which should be in accordance with their respective reasons force distribution between behavior and the victim liability to the size of the bear.But both of these methods have a sense of generality.The reason is,according to the legal interpretation,all compensation may be strict to the actor;Reason two,different judges have different experience,experience is different,so that the special physical fitness for the victims of thinking to decide if a causal relationship with the damage there is a different conclusion.However,it is not sufficient to protect the rights of the victims.So,this paper argues that reasonable distribution of damage,at the same time,the protection of the rights of the victim and the offender behavior freedom as the fundamental purpose,comprehensive considering subjective fault of infringer and damage of predictability,etc to determine,and then draw a more fair and reasonable compensation modes of distribution and the proportion of damage compensation.