Research On The Compensation Responsibility Of The Victim’s Special Physical Damage

In the case of infringement of the victim’s special constitution,whether the participation of the victim’s own special constitution in the liability for damages can be reduced by the infringer’s liability for damages,scholars and judges have different opinions in theory and practice,and have not reached a unified conclusion.Moreover,the current laws and regulations of our country do not regulate the special constitution of the victim.The guiding case No.24 issued by the Supreme People’s court only clarifies that in traffic accident cases,if the victim is not at fault,the special constitution of the victim cannot be the legal factor to reduce the liability of the tortfeasor who carries out the injurious act.However,for the infringement cases of the victims’ special constitution in practice,the guiding case No.24 is not all applicable.Due to the fuzzy meaning of special constitution in No.24 guiding case,there is no specific explanation of the causal relationship and fault in the case of special constitution of the victim.In addition,the single application type and fuzzy application standard of No.24 guiding case lead to the limitation of the specific application of No.24 guiding case in practice,and the judges are not widely used in judging such cases.The court has not been widely used in judicial practice,which shows that the No.24 guiding case is different from other victims’ infringement cases of special constitution,and there are many problems in theory and practice.Scholars and judges have different views on this issue,which provides a certain writing background for the compensation responsibility of victims’ special constitution damage in this paper.In the first part of this paper,through the introduction of the No.24 guiding case and the brief analysis of the No.24 guiding case,the author puts forward the problems to be studied;in the second part,summarizes the special constitution and defines the meaning of the special constitution in this article;in the third part,the author expounds the influence of the victim’s special constitution on the liability for tort damages from the perspective of causality and fault Face to face.In the aspect of causality,it discusses the causality of the establishment of liability,the causality of the scope of liability,and the causal force;in the aspect of fault,it explains the offset between fault and fault,and analyzes whether the victim’s special constitution can be the fault in tort liability law from different perspectives.The fourth part through the victims of the special physical damage liability of the type of construction.It can be divided into three parts: the type of the victim’s special constitution and the responsibility for damages,the type of the party’s subjective mentality and the responsibility for damages,the type of the information about the special constitution and the responsibility for damages,so as to improve the responsibility for damages of the victim’s special constitution We shouldmake some suggestions to clarify the responsibilities of both parties,so as to protect their legitimate rights and interests and promote judicial justice.