The Research Of Special Physical Damage Compensation

In the sense of tort law,special physique refers to suffering from serious diseases or genetic factors that make the victim 's physique different from that of normal normal persons,and mostly refers to physical functions or mental states that are weaker than those of normal normal persons.Victims with special physiques are more vulnerable than normal people,and their ability to resist risks is reduced.When they are invaded by others,the damage caused by the tort of the infringer combined with the special physique of the victim is more serious than the general damage..China 's laws currently do not clearly stipulate the issue of damage compensation for victims of special physique,and there is no unified general statement on this issue in theory and practice,which causes confusion in judicial practice and different judgments in the same case..Since the Supreme People's Court issued Guiding Case No.24,the issue of damage compensation for victims of special physical constitution has certain guiding significance.The phenomenon of different judgments in the same case has been improved to some extent,but it still cannot fully cope with the complex and changeable In reality,many courts have refused to apply Guiding Case No.24 in adjudication cases,which shows that there are still deficiencies in theoretical reasoning and the path of adjudication,etc.The solution to the issue of damage compensation for victims of special constitutions has a long way to go.The author analyzes the current status of judicial adjudication in China,and understands the relevant theories of special constitutional infringement in foreign countries,whether it is from the application of the "egg head" rule or from the perspective of causal theory to solve the problem of infringement damage compensation They are all too rigid,and this "all-or-nothing" solution cannot cope with the facts of complex and changing specific cases.Therefore,the author believes that we should not only be limited to legal technical research,but to return to the discussion of its substantive value.When dealing with the issue of damagecompensation for victims of special physique,we should closely focus on the infringer and the victim of special physique.Between the interests of the people.It is necessary to value the protection of rights and interests,the fair distribution of damage,the guarantee of freedom of conduct,the efficiency of damage prevention,and the attribution,etc.Comprehensive consideration is given to the infringement legal relationship,the party 's subjective fault,and the party 's knowledge of the special constitution,The role of special physique and other aspects of type construction,in order to deal with complex realities.Therefore,why don't we temporarily abandon the judgment of complex causality and turn our attention to value measurement,through the analysis of various factors to deal with the infringement damages of victims of special physique.