The Impact Of Victim's Special Constitution On The Responsibility Of Actors

In civil tort cases,one kind of case is special because the victim has special constitution.Such cases are special constitution cases.In special constitution cases,what kind of constitution can be defined as special constitution,what kinds of constitution are there,and whether the particularity of constitution affects the degree of responsibility of the actor.Combining with the derogation clause stipulated in the tort liability law of our country,whether the special constitution of the victim can be attributed to one of the provisions of our country's law as a basis for mitigating or exempting the liability of the perpetrator.As a state different from ordinary people,whether special constitution can be identified as fault and relieve the responsibility of the actor.Or is it possible for the victim to assume a higher duty of care because of his special constitution,the scope of the duty of care,and the factors affecting its scope?In Anglo-American law system,the common method of dealing with such problems is the "eggshell head" rule,which holds that the special constitution of the victim can not be used as the basis for the actor to mitigate his liability.Because of the victim's unusually fragile physical condition,he can not be given more duty of care at one time.For the perpetrator,his actions lead to the consequences of damage,even if the consequences aremore serious than the general situation,but should also bear responsibility for this.Different doctrines in civil law countries will produce different results on this issue.In this paper,the author constructs the judgment of special constitution cases according to the knowledge of damage.Based on the predictability of damage and the reduction of damage from a social perspective,it discusses how damage can be allocated in several different situations.In this paper,the author constructs the judgment of special system cases according to the knowledge of damage.Based on the predictability of damage and the reduction of damage from a social perspective,it discusses how damage can be allocated in several different situations.