Research On The Influence On Compensation For Damages Of Victims With Special Physique

In the infringement case involving special physique,the victim is weaker than the normal person to withstand external risks because of his special physique.Therefore,when the infringer commits the infringement,the damage result is often more serious than the result of infringing a normal person.Under this circumstance,it is a highly controversial issue in judicial practice that whether the ability of infringer could be abated because of the existence of special physique.This article will focus on the issue whether the special physique will influence the liability for damage when the combination of infringement and special physique leads to damages or amplification of damages.Having conforming the existence of the influence of special physique,we will emphasize on the issue how to share the liability between the infringer and the victim.For the type of infringement case involving special physique,the trial ideas in judicial practice are not uniform.Some rely on the"egg-shell"rule adopted in the Anglo-American law to determine that the infringer is liable for the total loss of the victim;some judges decide the infringer and the victim sharing the liability according to the causative potency;and some apply the principle of fairness to reduce the responsibilities of the actor.At the beginning of this article,the author searches for the cases related to special physique infringement before and after the publication of the 24^th guiding case,and compares and analyzes the differences between the court's judgments on this type of case,and summarizes the main judgments reasons of the court.Through analysis,the impact of special physique on liability is mainly through two aspects;one is the influence on the causal relationship of special physique,and the other one is the influence of special physique on fault.From the perspective of causality,the effects of special physique on the relationship between responsibility and the causal relationship of responsibility are discussed separately.From the perspective of fault,this article focuses on the victim's fault and the fault of the infringer,and the extent of the fault of the two parties.When the combination of infringement and special physique leads to the occurrence of damages or expansion of the damages,how to share responsibility between the infringer and the victim cannot be based on a one-size-fits-all standard.The special constitution of the victim is concealed.The general public is not aware of this situation.If the infringer only performs minor negligence,but causes extremely serious damage of the victim,it is unfair to require the infringer to bear full liability for the damages.However,defending against the grounds of special physique is not enough to protect the legitimate rights and interests of victims.Therefore,concrete analysis must be made instead of the general statement that the infringer should take the responsibility or the infringer and the victim share the responsibility.We must comprehensively consider various situations,such as the type of the victim's special constitution and the special constitution of the two parties.The knowledge of the situation and the scope of damages.Only by making a typed distinction according to different situations can we accurately and fairly determine the responsibilities of both parties,fully protect the legitimate rights and interests of the parties,and achieve fairness and justice.