A Rustic Opinion Of Compensation Liability For Damages To Victims Of Special Constitutions

Persons with special physical and psychological constitution are much more vulnerable to harms than normal people and bear more damages when suffering injury from tortfeasors.Since there are no clear prescriptions in our country's laws and regulations on the standard of compensation for damages to victims with special constitutions,judges usually give different jurisdiction including reducing or increasing the compensation from tortfeasors and sharing losses by victims and tortfeasors on the basis of rule of degree of fault,causative potency or fair liability etc.In this situation,this paper focuses on the compensation liability for damage to victims of special constitution and includes 4 chapters excepting from preface and epilogue.The first chapter includes the concept and category of special constitution.And the tort of special physical constitution must cater to 3 conditions such as damage result?fault and casual relationship.The second chapter comprises some example of cases in our country which indicate how the judges deal with the tort of special constitution.It also illuminates the application of No.24 guiding case issued by the supreme people's court of P.R.C.in 2014.The third chapter consists of some theories in or out of our country,including famous “egg-shell skull rule”?Adaquanztheorie and causative potency etc.and the difference amount them all.The last chapter points out the flaws of some theories and introduces a productive method to settle the issue of damage compensation of special constitution.