The Significance Of Special Constitution Of Victim To Tort Law

The special constitution of the victim is different from the general constitutional physical condition.The special constitution in tort law should refer to a person suffering from a serious illness or other reasons that lead to a difference in physical fitness from a normal person,and refer to conditions in which the body function is weaker than the ordinary person.The core characteristics of a special constitution are abnormalities of the physical condition of the vast majority of people of the same age and same sex,and with external factors under certain conditions will produce serious damage beyond the expectations of ordinary people,with great specificity and occasionally.When the tort and the special condition of the victim result in the damage or the damage result is enlarged,according to the constitutional elements of the infringement liability,the infringement liability of the actor is often not established because there is no equivalent causality between the infringement and the damage consequence.However,in order to incline protection of the victim's personal rights and the reasonable results of the loss sharing,the tort law should break through the judging criteria of equivalent causality and conclude that the tort liability of the actor is established.The burden of tort liability is affected by the " eggshell skull " theory of the tort law of the United States and the United States.In order to demonstrate that the tort law fully guarantees the right of special physique groups to participate in social activities on an equal footing,there are theoretical and judicial practice claims that the tort liability of the actor is established and bear all the damages.With the development of society,the modern tort law aims to realize the balance between the rights and interests.When the infringement and the special constitution of the victim result in damages or the damage results expand,it should break through the traditional compensation theory that “all or nothing”.,appropriately mitigate the actor's liability.In the theoretical doctrine and judicial practice,the reasons for alleviating the damage liability of the actor include force majeure,causative potency,and contributory negligence.Based on our country's legislation and judicial practice,the analogical application of contributory negligence not only contains the reasonable institutional connotation of other interpretation paths,but also has a solid legal norm basis and is conducive to the realization of a fair result of the benefit distribution.Therefore,the victim has great significance to the tort law,which does not affect the judgment of the establishment of tort liability,but has an impact on the tort liability,and should choose to apply the analogical application of contributory negligence to explain.