Study On The Problem Of Compensation For Damages Of The Victims Of Special Physique In China

In the tort cases involving special constitution,whether the special constitution of the victim can be considered as a factor to reduce the responsibility of the infringer has always been a difficulty in juridical practice.However,there are no clear-cut regulations in the law of our country concerning the compensation for victims of special constitution.In order to unify the standards on application of law and trial for such cases,the Supreme Court Judicial Committee published No.24 Guiding Case.The judicial gist of this case is that victims' constitution do not constitute the fault of the victims in the traffic accident.Furthermore,there is no causal relationship with the final damage in law,and the conclusion is that the victims' constitution do not affect the damages.Nowadays,judges in grass-roots courts and intermediate courts across the country still exist “different thoughts flourishing” in the juridical judgments on special constitution torts,and it is difficult to attain unity.This shows that the No.24 Guiding Case has not been universally applied,at the same time,further clarifying that the unified mechanical compensation standard cannot meet the diversified practical needs.Regarding the judgment of judicial practice,the judgment opinions that did not refer to the No.24 Guiding Case Rules were generally arounding four aspects: causality,cause,fault,and fairness.Determining a reasonable range of compensation ratios is the proper meaning of dealing with the issue of special constitution torts.On the basis of the existing legal provisions and Guiding Cases,it is necessary to jump out of the shackles of legal technology according to the actual situation of the individual cases.We are supposed to think of principle of fairness as the guiding ideology,exploit new solutions and carry out flexible construction.In order to realize the function of compensation and relief of the tort law,special constitution torts in the transportation field,it is still necessary to refer to the rules of the 24 th Guiding Case.It will be favorable to sanction illegal activities and spread security risks.From the perspective of encouraging medical staff to save the wounded and benefit the society,the theory of causative potency should be applied to the special constitution torts in the medical field.In addition to other types of torts,it is necessary to reckon and evaluate the individual mentality of the parties in total,the information dominator of the special constitution,the “special degree” of individual constitution,the form of damage and other factors.We should try to balance the value judgment and interest,and make classified research as well,preserving the freedom to act of both parties.