View On Tort Compensation To The Special Constitution Victims

As early as the 19 th century,Whether the victim's special constitution is the reason for reducing the liability of the infringer is a controversial issue in tort law.The study of this problem by extraterritorial law has never been interrupted.Jurists have expressed their own opinions and failed to reach a consensus.Since the Supreme People's Court of China issued the No.24 guiding case,scholars' discussion on this issue seems to have entered a stage of intense heat.Tort law is a law on how to reasonably distribute damage,whose goal is to coordinate the tension between the protection of rights and interests and the freedom of conduct.For that the law causation theory is widely used to limit the scope of damages and prevent the unlimited extension of liability.But dealing with the special physical of the victims problems from the perspective of causality is easy to enter the extreme of over protection of the victims or the infringer.No matter the “eggshell plaintiff” rule insisted by the courts of most foreign countries,or the "causal force theory" once prevailed in China,there are defects,which can not be used as a guiding rule to deal with this problem.The core of the victim's special constitution problem is the impact of the special constitution on the scope of damage compensation-whether the victim can defend with the victim's vulnerability,which reducing or exempting the liability for damagecompensation.Apart from the introduction and conclusion,this paper will be divided into three chapters.The first chapter is divided into two sections to define the connotation and extension of special constitution cases.In the First Section,the author points out that the special constitution in tort law refers to how to share the damage when the victim is weaker than the special constitution of the group to which he belongs.The Second Section analyzes the basic patterns of special constitution cases in tort law.The second chapter is divided into two sections.It points out that the single value orientation of causality theory can not solve the special physical problems,and its essence is how to share the abnormal damage.The first section introduces the different identification methods of legal causality in common law system and civil law system,expounds the contradiction between the "eggshell head rule" and the existing theory,and introduces the current situation of judicial adjudication in China.The second section demonstrates that legal causality is only a nominal tool to limit liability,and the more substantive behind legal causality is value judgment and policy measurement.The mechanical application of the "eggshell head" rule requires the aggressor to bear the unforeseen abnormal damage in all cases,unable to balance the protection of rights and interests and freedom of action,and realize the distribution justice.The third chapter is divided into three sections.The first section analyzes the value factors that should be considered when the two sides share the abnormal loss caused by the special constitution.The second section analyzes the moral legitimacy of the perpetrators and victims.The third section will return to different types of cases and put forward different solutions.In the case of intentional infringement or gross negligence,the principle of full compensation should be adhered to.In the case of general negligence and minor negligence,if the victim fails to fulfill the obligation of proper self-protection,the scope of compensation for the damage of the aggressor can be reduced according to the general principle of offsetting negligence.If the principle of requiring the victim to bear the full compensation will result in the injustice of a case,the liability of the aggressor can be appropriately reduced according to the fairand discretionary system.The victims of ordinary life behaviors or risk cases should not pass on their risks to the perpetrators.Hypothetical cause and effect cases are pure and fragmentary loss evaluation problems,and "hypothetical cause" only affects the calculation of compensation.