Research On The Compensation For Damage Of The Special Constitutional Victims

In recent years,there are many cases of compensation for damages caused by actors who made serious damage to the people with special constitution.In this cases,because of the particularity of the victim's constitution and the limited ability to resist external risks,the damage caused by the combination of tort and special constitution is more serious than the general damage,and the causality is also hard to identify.Foreign countries have paid great attention to the damage compensation of special physical victims,and in such cases the practice is consistent,namely the basic use of "egg skull" rules.The connotation of this rule is that no matter how special the victim's constitution is,as long as the damage fact is caused,the infringer can not defend with special constitution,but still have all the liability for damages.While China's theoretical circles there are few special research scholars on special physical damage compensation of victims,and in the judicial practice of our country,the court is not uniform in the trial of this kind of infringement case.Some according to that our country does not stipulate the special constitution is the legal cause of lessen the liability of the actor and the guiding ideology of case 24 to make the perpetrator take full compensation for the loss There are also judgments directly based on the theory of cause force to make the loss be shared between the perpetrator and the victim.And some courts even misuses the principle of fairness to reduce the liability of the infringer.Because of the lack of clear law in this kind of case,and the judge'sunderstanding is also different,leading to that the case type is often similar but the result of the decision is very different,which is obviously not conducive to the loss of the victims and the protection of the legitimate rights and interests,and will also cause the weight imbalance of the responsibility of the perpetrator,thus further affecting the judicial authority of our country and the credibility of the public.I have consulted and analyzed a large number of cases,and carefully studied the theories at home and abroad,and studied the damage compensation for special physical injury victims from the perspective of the principle of fault liability.By discussing the influence of special constitution on fault and causality,I put forward that in such a compensation case,whether the injured person or the victim should bear the "abnormal damage" can not be reached at random.It should be influenced by many factors,such as the fault and fault degree of the parties,the condition of the victim's element and the causality far and near.It is necessary to consider these factors synthetically,so as to make a classification and softening treatment of the liability for damages of the special physical victims.