On The Influence Of The Victim's Special Physique On Tort Liability

In people’s daily life,there are some people whose bodies are different from ordinary people and more vulnerable,which also makes them more vulnerable to physical and mental injury,and the degree of injury is more serious.This constitution may be congenital,such as hereditary heart disease,hemophilia,or acquired,such as brain tumors,cancer and so on.Faced with this situation,if the court confirms the tortfeasor’s liability for damages in judicial practice,it is a question worthy of in-depth study whether the tortfeasor should bear all the damages or whether the tortfeasor should share the losses by two parts according to the size of the liability.From the point of view of the structure of this paper,it mainly includes six aspects.The first part is the preamble,which mainly introduces the background,significance and research summary of this study.The second part analyses the value judgment of the impact of the special constitution of the victim on tort liability,including the fair distribution of damage and the prevention efficiency of damage,the self-protection of the victim’s behavior and the economic analysis of the victim’s special constitution.The third part is about China’s economic analysis of the victim’s special constitution.Statistical analysis of the effective judgment of the special constitution case of the victim;Part IV considers the factors of judgment of the special constitution infringement case of the victim,mainly from two aspects: the concurrence of causality and fault in tort law,the influence of causality on the special constitution infringement liability of the victim and the influence of fault on the special constitution infringement liability of the victim;Part V analyses the way of trial.The construction of the track is discussed,mainly from the legislative level,the technical level,the compensation level and the judge level.