Research On Compensation For Personal Injury Of Victims With Special Constitution

The victim's special physical condition refers to a case in which the behavior usually does not cause damage or serious damage,but the victim has abnormal damage caused by the physical or psychological special constitution of the victim.In this type of case,the problem that needs to be solved is how to distribute reasonable responsibility between the victim and the perpetrator.Since China's current Tort Liability Law does not have a corresponding system design for this issue,the court has different judgments on such cases,and the academic circles are also highly controversial.Regarding the type research of the victim's special physique cases,the author first starts from the case,points out the judicial dilemma,and refines the theoretical dispute points.Then,the concept of tort law is defined in terms of special physique.Then discuss the causal relationship and tort liability related to special physique.This article consists of six parts.The first part is the introduction,which mainly introduces the reasons for writing and the problems to be solved.The second part asks questions.By citing the judicial judgment of special constitutional infringement,the views of different subjects such as courts and academic circles are sorted out.Summarize the differences,including the court's claim to determine the causal relationship in the special physique infringement according to the cause and the force.At the same time,it analyzes the reasons for the disagreement of the court's judgment,based on factors such as China's social security system and the unsound system of risk dispersion.The third part is to position the tort law on the meaning of special physique.Special physique is an objective condition inherent in the human body.Further,it is not a "fault" in the traditional tort liability law,and it is not a psychological state worthy of denying.The fourth part introduces the "egg-shell rule" in special physique infringement.Then the author combines the restrictions on the actual operation of the rules in some foreign countries,and then from the limitations of the endogenous structure of the eggshell head rules,explores the principle of one-size-fits-all compensation in the eggshell head rules and can not meet the conclusions needed to deal with such cases.The fifth part focuses on the causal relationship between the two major legal systems to demonstrate the connection between the victim's special constitution and causality.Andanalyze and evaluate these two causal relationships.Whether it is a rather causal relationship or a causal relationship between the scope of responsibility under the Anglo-American legal system,the essence is a tool to limit liability.The judgment of "substantiality" in the causal relationship is quite uncertain.The “predictability” of the “predictability theory” under the causal relationship of responsibility also has the same problem;“the purpose of the regulation” makes the judge invisibly play the role of the legislator.When adjudicating a victim's special physical condition,because the ambiguity of the causality theory itself makes the theory itself unable to solve the problem between special constitution and the consequences of damage,it can only rely on other legal values or social life experience to judge.The sixth part finally puts forward relevant suggestions on the case of referee special physique tort damage compensation.On the basis of adhering to the value concept of free protection of behavior,the infringer is fully compensated as the basic principle of damages.However,if the victim's own lack of ability to resist the minimum social risk,the type of special physical infringement case is medical dispute,and the subject of special constitution is subjectively liable,the liability of the injurer can be alleviated.