The Influence Of Victim's Special Constitution On Liability For Tort Damage

The special constitution of the victim in tort law refers to the physical quality different from ordinary people.It refers to the physical condition that the body function is relatively weak compared with normal people,such as the situation of serious or rare diseases.In the case of an infringement accident,the damage caused by the special constitution of the victim is beyond the scope of the general damage,and thus has different effects on the liability for damages.For such cases,the practice community has always been very cautious.Although there is still controversy on whether to compensate and how to compensate,judging from the results of the referee,the vast majority of cases have ordered the infringer to share the loss with the victim.Among them,the most complicated situation is that the infringer is at fault,but the victim is not at fault.In this regard,some scholars believe that the amount of damage should be judged according to the respective reasons of the violation behavior and the specific physique.In practice,the judges have caused confusion and embarrassment of the applicable law due to inconsistent understanding.In this article,the introduction and conclusions are removed.The other four parts are described as follows:The first part summarizes the typical cases of the practice through the combing analysis of the typical cases.The first few problems are the following: The first is the confusion in the consideration of the case;the second is the impact on the damage to the special constitution.There is no clear basis and conclusion for this issue.The third is that there is no classification of cases,and the understanding of various situations is clarified and differentiated.After summarizing the considerations of the case identification,the author believes that the victim's special physical condition can be divided into four categories: traffic accident liability dispute,medical damage liability dispute,accident liability dispute and other types of liability disputes.The special physique of different types of victims has different effects on the outcome of the case.When there is a legal causal relationship between the special physique of the victim and the result of the damage,the special physique of the victim can be used as a reason for reducing the liability for damages of the tort.The second part describes the relationship between the victim's special constitution and the principle of imputation.In practice,most of the victims' special physique infringement cases are the fault of the actor.Here,the negligence system is generally applied to share the damages.When both parties are not at fault,and victims with special physique suffer from abnormal damage that is unpredictable to ordinary people,it is against the concept of fairness to not share the losses between the two parties.In practice,the principle of fair liability is generally applied to deal with such disputes.The third part analyzes in detail the causal relationship between the victim's special constitution and the damage result.After clarifying the influence of special physique on causality,the paper analyzes the types of causality in such cases and types the causal relationships that are common in the special physique cases of victims.It can be divided into three categories: special physique and tort.Combined damage,special physical damage caused by damage and infringement caused damage to the victim in advance.The effects of different types of causality on the infringer's liability are also different.The possession of a particular constitution should not be regarded as the fault of the victim.The victim should not be subject to a higher self-care protection obligation because of a special constitution.Otherwise,it is not conducive to protecting equality of personality,maintaining freedom and controlling risks.The fourth part discusses the impact of the victim's special constitution on the scope of damages.Under normal circumstances,whether damage participation should be included in the consideration of the scope of damages,and when the full compensation rules are applied,we need to be clear.By examining the handling of the special physical conditions of victims in the practice field,as well as exploring the problems arising from foreign legislation and cases,in order to solve the problem of compensation for the special constitution of the victim,detailed measures for determining the scope of damages must be analyzed in detail to construct the victim.Referee rules for special physique infringement cases.