Research On Compensation For Damage To Victims Of Special Physical Constitution

After suffering tort in daily life,special constitution suffers more personal damage than ordinary constitution because of its own special constitution.So for the damage beyond the general expected range,the injurer is to compensate for the loss of the special constitution,or to share the loss according to the expert opinions issued by the judicial appraisal body on the participation degree of the special constitution damage,the academic and practical circles have different opinions.In cases of disputes over the rights of life,civil rights and health of vulnerable constitution victims,the results of damage caused by abnormal body of special constitution are beyond the general expectation.For such cases,how to compensate for the loss of special constitution victims,the common law countries generally adopt the "fragile skull rule".The rule holds that the abnormal constitution of the fragile constitution is the environmental condition that this kind of population can not control.The injured person has no right to criticize the physical condition of the fragile constitution,and all the damages caused to this kind of population should be fully compensated.However,in China's judicial practice,because there is no clear legal norms as a guide,different courts have different opinions and attitudes,even in the same court,the results of similar cases are not the same.In 2014,the Supreme People's Court issued a guidance case on compensation for damage caused by infringement of special constitution in the field of traffic accidents.Although special constitution plays an important role in the occurrence and expansion of damage results,its impact on damage consequences does not belong to the statutory situation that can mitigate the infringer's liability for compensation,but how to determine the scope of infringer's compensation as well as how to determine the scope of infringer's compensation.Whether the degree of fault resistance is applicable has not been analyzed in detail.In this paper,two cases are taken as the starting point,leading to the controversial focus of this kind of cases in judicial practice:first,whether there is a causal relationship between the abnormal constitution of the fragile constitution and the result of the infringement case,or whether it interrupts the causal process between the infringer's act and the consequence of the case;second,the expansion of the abnormal constitution of the fragile constitution to its own sufferings.Major damage plays an objective role in determining whether a person with special constitution is at fault,and whether a person with fragile constitution needs to bear a certain duty of self-protection and safety due to his abnormal constitution.On the one hand,causality is used to judge whether the offender constitutes tort liability,on the other hand,the judgment of its "equivalence" also affects the scope of liability for compensation.Therefore,this paper proposes that the scope of compensation should be analyzed according to the types of causality among the abnormal constitution of the fragile constitution,the way of the injurious act and the result of the loss of the case.Under the three types of causality,the paper specifically analyses the similarity between tort and damage,loss of interest,moral damage and other types of damage.Only the type of case damage is equivalent to the offender's behavior,and the compensatory obligatory person bears tort liability for this part of damage.The first is that the combination of special constitution and infringement causes the death of the fragile constitution.The infringer should fully pay for the loss suffered by the special constitution,because life is the material prerequisite for the existence of an individual as the subject of rights.Once life is lost,the protection of personal rights and interests will not have a material carrier,so it should enjoy the most extensive protection.The second situation is that the combination of special constitution and infringement causes damage to the victim's right to health.At this time,the type of damage should be considered.The necessary expenses paid by the special constitution for the treatment of physical injury,such as treatment fees,should be borne by the infringer.For disability compensation,it should be discussed in different situations to analyze whether the infringement causes the decline of the working ability of the special constitution,and Whether the fragile constitution of the special constitution has caused the decline of their working ability before,and the infringer is only liable for the part of the infringement that causes the decline of the working ability of the special constitution;for the compensation for mental damage,one of the functions of this compensation is to make up for the mental damage suffered by the fragile constitution and to comfort the pain of their soul,and the other is to let the infringement.The right holder pays money to achieve the function of sanctioning infringers.Therefore,no special physical factors are taken into account in compensation,and full compensation is made according to the standards prescribed by law.The third case is that the special constitution is sufficient to cause the victim's right to health to be damaged or died.At this time,the loss that has been suffered,such as medical expenses,should be fully compensated;compensation for disability,because the victim's abnormal fragile constitution will inevitably cause damage to his or her right to health or loss of life,so we should consider the impact of abnormal constitution on working ability and expected working life,and reduce the liability of compensating obligors;compensation for mental damage,because the victim's abnormal constitution will inevitably cause damage or loss of life.It is an objective fact that one's own fragile constitution will cause one's own damage.Therefore,it is helpful to solve disputes equitably to reduce the liability of infringers appropriately.Finally,on this basis,if the vulnerable constitution victim himself has implemented independent fault behavior or has not fulfilled a certain degree of self-protection security duty of care,then the application of fault offset,in all the losses borne by the victim,subtract the expanded losses caused by the vulnerable constitution victim's.own fault.