Study On The Problem Of Compensation For Damages Of Special Physique Victims

In the cases of infringement disputes in recent years,the issue of the reduction of the liability of the infringer for damages caused by the special constitution of the victim and the consequences of the infringement damage has triggered a heated discussion in the legal profession.The discussion on this topic is mainly focused on the following aspects: under the premise that the victim has a special constitution,if the injurious behavior and the special constitution together lead to the damage of the victim's right to life,body or health,personal injury and death are caused.The consequences of the damage,then,in terms of the consequences of the aggravation or expansion of the damage,whether the responsibility of the infringer should be reduced first;secondly,whether it should be borne by the victim itself;and third,how to solve the damages for victims of special constitutions involving infringement cases problem.At present,the legal and theoretical circles are inconclusive.Judging from the perspective of legal practice,the courts currently have diverse legal treatment results for such disputes.Some courts have sentenced the responsibility to the infringer for compensation;some have reduced the liability of the infringer.There are two main reasons for this: First,the application of the law is not clear,and there is no clear provision for the resolution of the problem;second,the legal definition of "special physique" is not clear,and it has complex diversity.The characteristics of the judges are different.All in all,the judges have different laws applicable to cases of victims of special physique being infringed,and the judgment results of similar or even similar cases are also quite different.The author believes that the general phenomenon of inconsistent refereeing rules is not conducive to protecting the legitimate rights and interests of the parties,but also greatly weakens the judicial credibility.Based on the following factors,this paper puts forward a train of thought on the damage compensation of special physique victims.The first is to define the connotation of "special physique";the second is to collect the current court's judgment documents for similar or similar cases,and to compare foreign countries' jurisprudence,legal provisions and theoretical doctrines for such cases.Through the exploration of the above two problems,the author believes that the judgment of the special physique victim damage compensation case should be clear in the following two aspects: consideration factors and consideration principles.This paper proposes the principle of full compensation for damages for victims of special physique.The application of this principle has reference to extraterritorial legal time and a legal basis.In addition,in order to achieve the justice of the case,this paper insists on the specific analysis of specific issues on the basis of adhering to the principle of full compensation,in order to balance the equivalence of rights and obligations.It is constructed by establishing the rules of refereeing for the damage compensation system for special physique victims,with a view to providing a new idea for follow-up researchers and trial practitioners.