On The Tort Liability To Victims Of Special Constitutions

The topic of tort liability to victims of special constitutions is of importance,from last century to modern society,this topic is still heating.After applying “but for”rule,some scholars concluded that there is a causal relationship between damage result and tort,but the victim's special constitutions was also one of the causing and expanding reason to the damage result.As the fact that they are both the reasons of the special damage,as a result the victims of special constitutions should shoulder the responsibility of the expanding to the injury in a certain of percentage,namely,the proportion of causation cognizance and reduction of accountability theory.The influence of this theory is profound,it is often applied to transportation tort disputes.In such cases,the victim has special constitutions which results in a aggravating constitution,judicial organs often sentence the offenders assume a certain proportion of compensationliability according to the fault rate of the offender and the cause force of the injury consequence.As "but for" rule conclude causality in the model of all or nothing,the victim's damage can not get complete relief under multiple causality condition.And also may help the offender to evade the responsibility.As “But for”rule has mechanical characteristics of all or nothing,many sorts of fixed points of views emerge in endlessly:some scholars applied proportionality to calculate the proportion.This method skillfully avoided the cause of the relationship between the victims of special physical fitness and harmful consequences,denying the direct causal relationship between behavior and result,only considering the proportion in terms of damage compensation.In this way we can not only response to the problem of causality,but also ease the claims of the victim's family.Have to admit,this series of practices can play a good effect in the judicial practice,but ultimately,as law researchers we should not adopt the attitude of evasion.We should grasp the crux and the essence of the problem to provide follow-up satisfactory way to resolve the problem.In addition,some scholars also apply the principle of fault to offset the responsibility of the offenders.Without doubt,such logic is ridiculous,the victim's special physical isn't equal to fault.If we consider victim's special physical fitness as the victim's fault,and thus reduce the responsibility of the offenders,it means we deprived of the right to participate in society fairly of such victims of special physical fitness in everyday life.After all,these theories deem the victim of special physical fitness should bear the adverse consequences themselves,so the core of these theories are limiting the victim's normal social interaction behaviors.Our country provides a more clear direction to this question in recent years,as in 24 guiding case,the second instance court believed that although Rong had special physical fitness and it had certain effects on the occurrence of injury consequence,but the special constitution is not fault in tort of liability law,Rong should not bear the responsibility.In 24 guiding case,the supreme people's court denied the application of the principle of fault offset in the victim's special physical situations clearly.Victim's special constitution should not be seemed as the basis to release the defendant's responsibility.But discussion of this topic in academia and practice has not yet reached perfect.Even in practice,some courts appear to trialmechanically.The meaning of 24 guiding case is to protect victims of special constitution,and make sure that they are not imposed a duty of care too much,to maintain a normal social life,and get reasonable damage compensation when tort happened.Its basic principle is to deny the special physical fitness can be the reason to reduce the liability of defenders.But the situation to apply 24 guiding case is certain: the plaintiff does not have any fault,and the defendant bear full liability to pay compensation.Not all cases involving the victim's special physical means the plaintiff was the weak so they need more protection,and the defendant bear full liability to pay compensation.To allocate responsibility on both sides more effectively,we should also take social life into account,for example in the special circumstances,the victims of special physical fitness can be blamed for the causing and the expanding of the damage,and the victims have special psychological quality situations,and the damage results will be inevitable because of the special physical conditions.The fairness of justice means,we should allocate responsibility under different situations and special backgrounds.So to solve the problem,we should first make the premise and essence clearly,and then to conclude the responsibility and compensation.