The Research Of Special Physical Damage Compensation

Among the cases of special physical damage compensation,most of them are traffic accident liability disputes and medical tort disputes.The abnormal damage consequences are caused by the special physical factors and the infringement act,how to allocate the damage liability between the two parties? Comparative law has formed a relatively consistent principle of compensation,namely the "eggshell head rule".Guidance No.24 issued by the Supreme People's Court of China is widely used in the field of traffic accidents.However,due to the application of the theory of causal force,the principle of equitable liability and the principle of fault offset,and the fuzziness of the applicable standard of the No.24 guiding case,the No.24 guiding case has not been widely applied in the field of tort,especially in the field of tort disputes concerning the special constitution of the victim,besides the disputes of liability for traffic accidents.Due to the lack of legal norms,the complexity of special constitution,the complexity of causation theory,the judgment results in judicial practice are quite different.The core of the case of special constitution is the relationship between special constitution of the victim and the consequences of damage.The contradiction between the abstract causality theory and real society makes the causality theory in tort law encounter difficult in explaining the relationship between special constitution of the victim and the consequences of damage.When dealing with the issue of special physical damage compensation,we should focus on the balance of interests between infringers and victims of special physical.It is necessary to comprehensively consider some factors as the special physical condition,the subjective fault of actor,the predictability of damage consequences,the effect of damage prevention and so on.we should construct the tort liability by value judgment.Therefore,this article advocates breaking away from the shackles of legal technology and seeking a new way to explain the problem of special physical damage compensation by returning from legal technology to value judgment.