The Victim’s Special Physical Compensation Research

In tort cases,there is a special case,that is,the victim has a special constitution.At present,there are more and more infringement cases involving special constitution.Tort law is the special physical fitness in victims suffering from serious illness or due to other reasons caused by abnormal weak physique,often characterized by susceptible barriers and lack of physiology,so that when subjected to external factors,it was because the constitution produce than perpetrators subjective cognition damage results.As far as the general social knowledge is concerned,this special constitution is generally in addition to the parties or relatives,friends,etc.,is difficult to be known by outsiders.Most are after the crime,through the forensic determination to confirm the main cause of the victim’s death.Is so,whether affirmatory victim has special constitution,the experience that handles a case to the judicatory and legal expert expert appear very important in congener case.The main purpose of this article is through to our country the victim has special physical fitness through analyzing the case of this type,from the special physical impact on the fault of the victim and the victim’s special physical problems such as the cognizance of causation as the key point,for special responsibility identification and compensation of the constitutional type case problems on the basis of the theory of norms suggest some possibilities,to seek out a to solve the practical problems in the judicial practice and liability way to provide advice and help.In addition to the introduction,this paper consists of four parts.The first chapter briefly introduces the basic facts of the case and the focus of the case to be demonstrated in this paper.Through the comparison and discussion of several typical cases,this paper summarizes the focus of the dispute in the case and draws out the discussion contents of this paper.The second chapter discusses the influence of victim misidentification is discussed on fault determination from the perspective of legal basis and practical needs.In the third chapter,the author analyzes the different kinds of cause-and-effect relationship between the combination of the victim’s specialconstitution and the infringer’s infringement in different types of cases.The fourth chapter puts forward the research on the compensation scope of the victims of the infringement of the special constitution.