Research On The Special Constitutional Victims Casesin Tort Liability

Unlike ordinary tort cases,Special Constitutional Victims cases are special and important.The serious damage suffered by the victim in such tort cases is often a result of the combination of the perpetrator's injury behavior and the victim's special constitution.If the perpetrator is totally liable for the damage,it is sometimes not matched with the harm caused by the perpetrator and is unfair.However,considering the victim's special constitution,it is also unacceptable for a victim who bears no fault at all to reduce the liability of the perpetrator.Such a dilemma,coupled with the absence of strict legal provisions,makes it a priority to explore and study it in tort liability law.In the absence of clear legal provisions,how to distribute the damage result fairly between the perpetrator and the victim is an urgent problem.This article probes into the establishment and assumption of liability in special constitution tort cases based on the general path of tort liability law;and clarifies that the elements of the establishment of liability in the case of special constitution are actual damage,the fault of the perpetrator and the establishment of the factual causality.And the analysis of the fault should come before that of causality.It is necessary to analyze the fault of the perpetrator first,and then analyze the causality.The actor is not likely to bear tort liability for the act without fault.On the question of whether the victim's special constitution can be evaluated as the victim's fault,this article holds the view that although the victim's special constitution is not considered to be his fault,he has a higher duty of care towards himself when he knows that hehas a special constitution and it may help to avoid the occurrence or expansion of the damage.Therefore,it is the victim's fault when he fails to fulfil this duty of care.The analysis of the causality in the victim's special constitution case directly uses "if not,then will not" to analyze whether conditionality is valid in factual causality,and then combines equivalence theory,foreseeable theory and regulatory purposes theory to determine legal causality.On the basis of the establishment of the factual causality,this thesis also adopts the predictable theory to determine the equivalence of the conditions,in order to see if liability is within the scope of the regulatory purpose and to see if we can recognize a causality in legal evaluation.For the concrete analysis of legal causality,this article holds the idea that we should distinguish the types of causality to discuss the situation and determine the specific responsibilities separately.Theorists and court decisions have different views on the problem of liability in special constitution,the most important of which is the argument between the theory of cause force and the "egg-shell skull rule".The theory of cause force holds that the responsibility should be borne proportionally according to the causes force of the infringement behavior and the special constitution.while the "egg-shell skull rule"claims that the perpetrator is liable for all the consequences of the damage caused by his actions.This article holds that the application of the "egg-shell skull rule" in special constitution infringement cases is in line with the domestic and international trends,but it should be correctly examined when put into application.For the common cases of special constitution infringement in practice as traffic accidents and medical dispute cases,traffic accident infringement cases should refer to the "egg-shell skull rule",and the medical dispute special constitution infringement cases should be dealt with by the cause force theory.