Research On The Compensation System For Victims With Special Constitutions

The rising pressure faced by today's society has led to an increasingly common occurrence of physical and mental problems in people,as well as a growing number of people with special constitutions.In such a context,the presence of people with special constitutions who are victimized in cases of infringement against the right to life,right to health,and body right have become more common.In cases of compensations for personal injuries caused to victims with a special constitution,the tortious act may be exacerbated by the special constitution,leading to exceptional damage or expanded scope of damage.In such cases,whether the actor should assume liability,and whether the scope of compensation should include damage arising from the causative potency of the special constitution have become the core disputes.In addition,special constitutions also influence the reduction and exemption of liabilities,as well as the compensation amount in such cases.A just solution to these disputes calls for a complete system of damage compensation for victims with special constitutions,in which case,is still a working progress in China.Therefore,starting from an overview of compensations for victims with special constitutions and a study of foreign systems regarding the compensations for such victims,this research analyzed the existing problems in the current system in China and proposed the corresponding suggestions.To be specific,this research began by providing an explanation of relevant ideas of damage compensation for victims with special constitutions,followed by defining the idea of special constitution,analyzing the connotation of compensations for victims with special constitutions,and interpreting the constituent elements of such compensations.Then,foreign systems that govern the compensation for victims with special constitutions were studied,the application,scope of compensation,reduction and exemption of liability,amount of compensation stipulated in laws enacted in the UK,the U.S.and Germany illustrated,while inspirations that can be drawn for China concluded.After that,this paper expounded the current system of compensation for victims of a special constitution in our country,and pointed out the following problems in the system based on case analysis: blurred boundaries to the scope of application,indistinct constituent elements,ambiguous extent of compensation,having only general provisions for reduction and exemption of liability,and unreasonable compensation amount.In the end,according to the actual situation in China,this paper provided corresponding suggestions based on theoretical analysis.