Research On Damage Compensation For Special Physique Victims

With the aging of the population and the increase in “sub-health” populations,there are more and more cases of infringement involving special physical victims.When such people are injured,the intervention of special physique causes or aggravates the consequences of the damage.In the face of the damage compensation of special physical victims,there is a big controversy in the academic circles and judicial practice.In judicial practice,there are mainly three kinds of judgments:the infringer bears the full liability,the infringer and the victim respectively follow the proportion bears the liability for compensation and the infringer does not bear the liability for compensation.The divergent points mainly focus on how to define the special constitution,whether there is a causal relationship between the special constitution of the victim and the consequences of the damage,and whether the special constitutional person has faults on the conseqences of the damage.This paper combines relevant domestic and foreign relevant cases and applicable rules to define special physique from the perspective of medicine and law,and solve the problem of damage compensation for victims of special physique.It should insist on weighing the interests of infringers and victims and protecting the liberty of behavior for victims.After the causal relationship between the tort and the consequences of damage is established,the causal relationship between the special physique and the consequences of the damage is premised,and the degree of fault of both parties is combined to analyze whether the infringer should be mitigated the liability for damages under different circumstances.