The Judgment Path Of The Damage Compensation Of The Special Physique Victim

The case of compensation for damages of victims of special constitution is a kind of extremely difficult and more interesting case.The common law system calls the "eggshell head rule" case.This kind of case is more complicated,and the court is quite intractable in its decision.Because the occurrence or expansion of the damage result is the result of the joint action of the infringer's tort act and the victim's special constitution.Whether the court should consider the special physical factors of the victim,that is,whether to limit the liability of the infringer because of the special constitution of the victim.Because of the existence of the victim's special constitution,the damage will certainly exceed the scope of the usual damage,which makes the special body.The nature victim damages the case to become extremely complex and special.In the field of comparative law,the "eggshell head" rule has become the standard for courts to deal with cases of compensation for damages of victims of special physical fitness,and is also recognized as the norm for handling such cases in the common law system.That is,the infringer can not take the existence of the victim's own special constitution as the defense reason to mitigate or exempt the liability,and should bear the full liability of compensation for the damage of the victim.However,in the judicial practice of our country,there is no corresponding legal norm on how to deal with this kind of case,which leads to the different thinking of the court to deal with this kind of infringement case,and makes the judgment of this kind of case.The results were inconsistent and even more divergent.Although the Supreme people's Court published guidance case No.24 on January 26,2014,which established the "eggshell head" rule,the rule was applied in an unbalanced manner.The referee is at a loss as to whether the special constitution can share the responsibility.In different regions and different levels of court there are even greater differences in the adjudication of the type of case,and the standard of the adjudication of the type of case has not yet been unified.In this paper,through three cases as the starting point,we will lead to the alienation of the adjudication of special constitution compensation cases in judicial practice and the analysis of the causes of alienation,and the "eggshell head" rule,and through the reflection of this rule,we will seek a special constitution victimization.The way of judgment in case of compensation for human injury.In addition to the introduction and conclusion,this article is divided into five parts to discuss the relevant issues: the first part through three cases,leads to the court of special physical injury compensation cases of the alienation of the judge and analysis of the reasons for the alienation of the referee.In the second part,the author expounds the theory of victim's special constitution imputation,and negates the theory by analyzing the theory,and leads to the rule of "eggshell head" and its application in our country.The third part expounds the necessity,principle and factors of value judgment in the adjudication of special constitution compensation cases.The fourth part analyzes the fault of the victim in the formation and management of his special constitution,the intensity of the tort and the result of the damage.Extremely disproportionate,the victim holds the special physique already has the actual influence and so on,"eggshell head" rule solves the victim special physique question is not perfect.The fifth part applies the "eggshell head" rule,that is,the infringer can not take the existence of the victim's own special constitution as the defense to mitigate or exempt the liability,and should bear the full liability for the damage of the victim.The application of this rule to the adjudication of damage compensation cases of victims with special physique is universal,but the actual effect of special constitution on the result of damage,the proportion of tort to the result of damage should be considered when it is applicable.If necessary,the rule of eggshell head should be amended.