The Influence Of Special Constitution On Tort Liability

The cases of special constitution have been controversial in both judicial practices and academic fields.The main problems lie in three aspects.First,the writer wants to introduce the influence of the special constitution on causality,which involving the complex theory of causality in tort law.To make comparison between the Common law and the Continental law,which hold the theory of the factual/legal causality and the relative causality.Trying to make analysis of whether the special constitution as objective environment or intervention factors to influence the causal relationship and to research how the special constitution influence both the establishment of tort and the sharing of responsibility.Secondly,the writer wants to introduce the influence of the special constitution on the fault.Mainly in three aspects,one is the relationship between fault and causality and the influence of these two factors to the establishment of tort and the sharing of responsibility.The rest is to research the influence of the special constitution on the fault of the doer and the victim.Taking the duty of care into consideration,the author is trying to apply the negligence offset system.At last,the author hopes to combine the judicial cases with the trial practices,establishing the tort mode of "fault first and reason force second" and provide the rules to settle out the cases of special constitution.In the common law system,the eggshell head rule has been applied in solving the disputes,which believes that the doer must accept the reality of the victim even if he or she is in special constitution.This means that the doer should assume the full responsibility in any cases and the victim will transfer all the risk of special physique to the doer.Before the introduction of the Supreme People's court No.24 guiding cases,the traffic accidents disputes and other tort disputes of the special constitution consist with the policy of “damage of participation”,mainly comparing the causes of the case.The Supreme People's court No.24 guiding cases follows the rule of the eggshell skull.However,the author holds the opinion that this rule should be applied in the willful infringement,not all the conditions of the tort of negligence.The main purpose of this paper is to research the trial rules based on the domestic cases,to reflect the eggshell head rules and to establish a typed analysis.The first chapter of this paper is to introduce the main topic,which is the confusion in the practice of the special physical cases.First of all,the author introduces the concept of the special constitution and the rules of the eggshell head.The author holds the opinion that the rule is not conducive to the protection of the doer.After that,the author summarizes twenty cases,summing up the reasons and results in the practice of trial.The author analyzes and summarizes three typical cases,trying to study the impact of the special constitution on the two aspects of the causal relationship and the fault of the tort damages.The second chapter is to study the influence of special constitution to the casualty.Mainly introduces the similarities and differences between the common law and civil law theory of causation.Based on analyzing the influence of the special constitution to the each theory of the causal relationship,the author focuses on discussing the rules that how both two theory involving the theory of the factual/legal causality and the relative causality affect the tort constitution and responsibility sharing.In this condition,the tort law has the same standard both in the fault and the casualty.In the third chapter,the author introduces the influence of the special constitution on the fault,which is divided into the two aspects both in the doer and the victim.Different from the traditional concept that the doer should bear all the tort liability,the author puts forward the opinion that the duty of care should be allocated and distributed between both parties,adjusting the economic cost.Then,the author introduces the fault offset system,combined with the actual case and points out the question in applying the fault offset system.The fourth chapter is the summary of the full text,the author attempts to sum up the path of the development and application of special fitness cases based on the previous three chapters.Combined with the trial practices,the author analyzes the advantages and disadvantages of the analysis methods between the cause and the fault,pointing out the rationality of the rules based on the fault.At the end of the thesis,the author will make a typed study on the cases of special constitution,hoping to solve the confusion in the judicial practices.