On The Effect Of The Victim’s Special Constitution On Causality In The Constitutive Elements Of Tort Liability

In the tort cases involving the victim’s special constitution,there are few discussions on the constitution of tort liability under the framework of causality in the judgment of previous cases.In the interpretation of the Supreme Court’s No.24 guiding case,it is suspected to avoid the impact of the victim’s special constitution on the causal relationship and to talk about whether it is the victim’s fault.So,back the origin,this paper starting from the basis of analysis of causality,comprehensive of the causal relationship between two law systems,in the framework of causality dichotomy,mainly in the causal chain and intercept point of view,showing the victim special constitution’s position in the cases of infringement,and combined with typical case analysis of the victim of special physical fitness is belong to the causes in the causal relationship more appropriate.On this basis,this paper focuses on the influence of the special constitution on the liability for compensation when the damage result occurs or expands due to the combination of the tort and the special constitution,and on the basis of confirming its influence,how to allocate the liability between the tortfeasor and the victim in the specific thinking of judgment.In particular,is a referee thinking path to form three levels of practice,first from the perspective of causality to consider whether a special mass tort liability tort cases,combining fault factors,finally,in many cases because of a fruit,is focused on the comprehensive comparison and fault cause,to differentiate the reasonable share of the responsibility.In this process of thinking,the special constitution of the victim should not be ignored in the specific infringement cases of the victim’s own duty of care,to take care of comprehensive.Only in this way can the responsibilities of the parties be accurately and fairly determined,the legitimate rights and interests of the parties be fully protected,and fairness and justice be realized.