Research On The Recognition Of Victim's Special Constitution Tort Liability

This article studies and explores a special kind of infringement cases-special constitution infringement cases.The main purpose of this paper is to study and analyze the current situation of the special constitution infringement cases in China,and to put forward some possible suggestions on the basis of the theoretical norms of the liability determination in this kind of cases at the present stage in our country,so as to provide ideas and help to solve the practical problems encountered in judicial practice.This article mainly from the perspective of theoretical analysis,through three specific cases in China's judicial practice leads to the focus of social controversy,starting from the four elements of tort liability,combined with the focus of the problem,focuses on the analysis of the differences between the special constitution tort cases and the necessity of the identification of the special constitution tort liability in China.Combining with the judicial practice and theoretical development of the special constitution infringement cases at home and abroad,this paper focuses on the analysis of the theoretical norms of the liability determination,and on this basis,summarizes and concludes the definition of the special constitution in the context of this article.At the same time,from the four elements of the most controversial elements of the fault elements and causal elements of two aspects of in-depth discussion,analysis of the impact of these two elements on the identification of tort liability.The definition of special constitution is mainly analyzed and discussed from its connotative nature,literature and medicine.The concept and nature of special constitution in the context of this paper are further obtained,and the simple differences of different classifications and categories are determined.In the analysis of the influence of special constitution on the elements of fault in tort liability determination,wemainly draw lessons from different theoretical studies of fault definition at home and abroad,and analyze that the standard of fault definition is more perfect and adapts to the special conditions of our country.At the same time,from the other hand,we can see whether the victim's fault identification will be disturbed by special constitution.Finally,we can get our own inspiration and insights.In the analysis of its influence on the identification of causal elements of tort liability,the author states,analyses and compares the different theories of causal determination in the two mainstream legal systems,and further understands their specific application in our judicial practice through the analysis of the "eggshell head" rule and the theory of causal force from their different advantages and disadvantages.Knowledge and prospect.In the special constitution infringement cases,the special constitution mainly affects the fault elements and causality elements of tort liability determination.This influence is long-term,comprehensive and inevitable.We can only improve our current legal norms of special constitution step by step by combining the actual cases and specific circumstances.Therefore,this article from how to clarify the rules of causality,How to determine the scope of tort liability,two aspects put forward a few personal suggestions.