On The Legal Liability Of Infringers Of Special Constitution

Modern society is a risk society,normal people are facing many risks.In comparison,people with special physical conditions face greater risks and are more likely to cause greater damage in social life than ordinary people.This paper starts with two cases with similar cases,and the different judgments of the two cases show that there are different judgments of the same case in China's judicial practice.Then to our country existing on special physical fitness of the case made a preliminary data statistics,it can be seen from the data,cases about special physical fitness in China mainly concentrated in the traffic accident disputes,medical disputes,the right to life,the right to health,the body of the three aspects of the civil rights disputes by,calculated the disputes existing in the special physical cases in China and need to clarify the legal issues,so as to open the main content of the article.This paper is divided into four parts.The first part mainly introduces the concept of special constitution and makes clear the connotation of the research object.The special constitution of the victims can be divided into two categories.The other is a special constitution developed,such as high blood pressure and other diseases in the high-pressure work rhythm.Then,after the intervention of the factor of special constitution in the second part,the identification of tort liability is discussed from the aspects of whether the behavior is illegal,the person's fault and the causal connection,and the constitutive elements of the liability for the infringement of special constitution are obtained.The third part is mainly about the proportion and scope of liability after the establishment of liability.Finally,the author puts forward some legal countermeasures on cases with special constitutions,mainly introducing the concept of "special constitutions" into legislation,clarifying the difference of diseases in judicial identification and Suggestions on social management,hoping to provide some reference for the theoretical construction and practical trial activities of infringement cases with special constitutions.Of course,when discussing the protection of the interests of people with special constitution,we should pay attention to the balance of the interests of the infringers.What the law can achieve is not absolute justice,but relative justice,that is,the balance of interests between different groups.