Research On Compensation For Special Constitutional Damage Of Victims

Victims' special constitution infringement cases are not uncommon in practice.Due to the intervention of the special constitution factor,the damage caused by the behavior of the tortfeasor is more serious than the damage caused by the general infringement cases.Due to the lack of specific theoretical guidance,the judges are confused in dealing with such cases,and it is difficult to form a more uniform judgment.In order to clarify the issue of compensation for special constitution damage,this paper is divided into three parts to study the effects of specific constitution in stages.The first part of this article is based on the No.24 guidance case,briefly introducing the case of the No.24 guidance case and the judgment of the court.So whether this guidance case satisfies the practical needs,and whether the court adopts this judgment in similar cases.Therefore,the author collected a large number of cases,and initially found that the special constitution disputes of the victims were not only controversial at the stage of establishment of the tort liability,but also in the scope of liability.Therefore,in the case of special constitution,it is necessary to solve the two problems of “compensating or not” and “how much compensation have to pay”.The second part mainly discusses whether the special constitution has an influence on the determination of fault and causality and how much influence it has during the establishment of the tort liability.In the case of fault determination,the tortfeasor shall be liable for all damages caused by his deliberate infringement,regardless of the victim's own constitution.As for how to determine the negligence of the tortfeasor,the author believes that it can be divided into two situations: one is that the tortfeasor knows the special constitution of the victim,and the other is that the tortfeasor does not know the special constitution of the victim.In terms of causation,it is divided into factual causation and legal causation.According to the "But for" rule of factual causation,there is no doubt that the behavior of the tortfeasor has a causal relationship with the consequences of the damage.Because of the diversity of legal causality theory,the author chooses to apply foreseeability theory.In special constitution cases,the foreseeable degree can be appropriately relaxed.The tortfeasor can foresee that damage may occur,and there is a legal causal relationship between behavior and consequences.The third part focuses on the impact of special constitution on the extents of responsibilities after the establishment of tort liability.First of all,for direct damage,We should adopt the principle of full compensation which means tortfeasor should compensates the victim for all losses,and it may be appropriately restricted in special circumstances.Secondly,regarding the subsequent damage caused by the intervention of special constitution,it is necessary to determine whether there is a causal relationship between the subsequent damage and the infringement,and then discuss the issue of tort liability.This paper argues that in principle the liability of the tortfeasor should be mitigated rather than fully compensated for the subsequent damage.Finally,because the applicable theory of medical damage is different from the general special constitution cases,the author makes a detailed discussion on the current situation and reasons of proportional causation,and believes that it has certain problems and should be improved appropriately.In addition,some specific improvement measures are proposed in the conclusion part of this paper,such as the supplement of the legislative level and the improvement of the insurance system,so that the victims' losses can be filled in a timely manner.