An Analysis Of Cases Of Infringement Disputes Of Victims Of Special Constitution

Since 2013,the number of special physical infringement dispute cases has risen sharply.Unlike ordinary tort dispute cases,the impact of special physical constitution makes the case more complicated in the determination of causality and tort liability.The result is also a great difference.Because the law does not list it as a special tort case,nor does it provide uniform regulations and guidance for the practical trials of such cases,resulting in a "one size fits all" approach that clearly violates the intrinsic value of fairness,justice and tort liability law in practice.In the long run,it will damage the legitimate rights and interests of the parties and the credibility of the trial.Using " Special constitution " as the key word,90 sample cases with high relevance were selected,summarizing the three disputes of this type of case,that is,whether the parties have faults and special physiques in the dispute of special physique infringement Whether it has a causal relationship with the consequences of damage,and how to bear the liability for compensation for tort damages.In terms of subjective faults,the victim’s special physical constitution itself is not a fault in the legal concept.In the case where the victim does not have other faults for the consequences of damage,he will not bear his own loss because he only has a special physical constitution.The infringer’s fault should be based on the subjective determination criteria and combined with the degree of knowledge of the victim’s special physique.The victim’s fault should be based on the objective determination standard,and whether his behavior violates his own safety duty of attention is the standard of measurement.In the determination of causality,China’s judicial practice mainly elaborate and analyze judgment based on the dichotomy,causality theory and the theory of considerable causality.In general,special physique should not be regarded as the cause of the consequences of damage,but in the case,a comprehensive analysis should be conducted based on the type of injuring behavior,the predictable range of damage consequences,and the abnormal degree of special physique.When determining the causal relationship,it is necessary to closely link the case,and simply proposing the criterion of whether the causal relationship is or not is not conducive to achieving justice in the case.Therefore,the causal relationship in the special physical tort case should be classified,and the types should be proposed according to different types of causal relationship.With regard to the principle of liability for tort liability,when the perpetrator meets the tort liability requirements and the victim is not at fault,he should fully compensate the victim’s loss on the principle of full compensation,but in order to protect the justice of the case,in Under special circumstances,exceptions to the principle of complete compensation should be allowed to appropriately reduce the liability of the perpetrator.