The Definition And Distribution Of Liability Of Special Consititution Of Victimin Damage Compensation

In view of the definition of the special physique of the victim in the case of special physique and the distribution of responsibility,although the24 th guidance case issued by the Supreme People’s Court in 2014 adopted the "eggshell skull rule",which excludes the influence of the victim’s special physique on the distribution of responsibility in tort cases,on the one hand,The guidance case is limited to traffic accident cases,the scope of influence is limited,and in practice,special physique cases are complex and diverse,can not be divided into all the guidance cases as a reference;On the other hand,in the specific distribution of responsibility and damages,the special physique should be characterized as the cause of causing damage,so as to apply the theory of cause force,it should be characterized as the fault of the injured person itself,so as to apply the fault offset rule,or directly apply thefair liability,because of the absence of relevant laws and regulations,there is no conclusion in practice.This paper favours the fault of the special physique system as the victim himself,that is,because of his special physique,the victims have to perform a higher degree of duty of care than the ordinary people,the failure to fulfill or not fully perform the obligation is a certain fault,and then apply the fault offset rule to determine the damages and the distribution of responsibility.Regardless of the subjective psychological state of the infringer,in principle,it is not necessary for the victim to have a special physique on the grounds of advocating the reduction or even exemption from the corresponding liability,for all losses suffered by the victim,he should bear full liability,and in exceptional circumstances,the principle of full compensation should be limited,It is divided into different types of differences,such as the specific physique of the victim,the special physique known only to the victim himself,the special physique of the two parties,etc.,and the rule system of the function of damages and the distribution of responsibility in the case of the victim’s special physique category.