The Victim's Special Physique And Compensation For Damages

In recent years,in tort cases,the victim has a special constitution of the case is common.Alleged victim infringement cases with special body,is refers to the victim's own constitution compared with ordinary people more vulnerable,,and limited ability to resist external risk behavior person for infringement act and the victim's own special physical combination,make originally only produce less harmful consequences or does not produce harmful consequences of tort,eventually led to a larger damage results.In foreign countries,the discussion on this issue is earlier,and there are more consistent judicial practice rules,namely "eggshell head" rules.The core point of this rule is that,no matter how special the constitution of the victim is,as long as the behavior of the perpetrator causes damage,it should bear all the liability for damage compensation,instead of claiming exemption or reducing the liability for damage compensation on the grounds of special constitution.Many scholars believe that the Supreme Court issued guidance of 24 cases in our country,is the rule of "egg head",but due to the use of this guide case did not clear rules,on the reasoning,such as narrow application scope,unclear reasons things out the problem,so and no unified judicial practice in our country has special physical fitness for the victim to the trial of cases of infringement of the rules.At present,the judicial practice of such cases in our country is still chaotic in the result of judgment and reasoning process,and the conclusion of one size fits all is easy to appear in the academic circles with different viewpoints,which is not applicable to such a complex practice case.After consulting and analyzing a large number of judicial cases in recent years in China and studying the research literature of many domestic and foreign scholars,the author has formed own thoughts on the handling of tort cases with special constitution of victims.The author returns to the constitution of tort itself,follows the general process of tort liability analysis,analyzes each constituent elements of tort one by one,and forms a unified analysis thought.In such cases,there is no dispute over the determination of illegal ACTS and damage results,so the authormainly discusses fault and causality,two elements of tort.The article is divided into four parts.In the first part,the author makes a comparative study of the judicial trial before and after the promulgation of the guidance case no.24,and summarizes the existing problems in dealing with the tort cases with special constitution of the victims in practice.In the second part,the author discusses the influence of special constitution on fault elements.In the case that the actor knows the special constitution of the victim,should know but does not know the special constitution of the victim,should not know the special constitution of the victim,the author analyzes his fault.At the same time,it is also discussed whether the special constitution itself is a fault for the victim,and whether the special constitution will affect the degree of the victim's duty of care,so as to know under what circumstances the victim should be identified as a fault and the principle of fault offsetting can be used.In the third part,the author discusses the influence of special constitution on causality judgment.The author discusses the causal relationship in fact and the classification of causal relationship in law according to the Anglo-American tort law.This paper tries to find a more reasonable causal judgment theory by analyzing the domestic and foreign mainstream causal judgment theories such as "but-for" rule,"predictability" theory,"considerable causality" theory,"law purpose theory" theory,and analogy application fault offsetting theory.In the fourth part,the author summarizes his own analytical thinking,in order to play a reference role in practice.