On The Influence Of The Victim's Special Constitution On The Liability For Damages

Victim's special physical fitness is a state of law context,its essences are involved in the process of elements for the victim's special constitution.Special constitution attached to the victim's legal qualification.Victim's special physical fitness in the context of the law must have impact on the damage.During the judging process,many courts are troubled because of their unclear understanding of such elements as concept,fault,causality.Even if the victim has a special constitution,nor can the offender be relieved or exempted from responsibility,which is implied by egg-shell skull rule.But doubts about the egg-shell skull rule have never been stopped.From a predictable perspective,the ability to foresee and control the specific physical factors of the victim shall be taken into account by law.From the perspective of causal forces,the cause of the victim's special constitution should be clarified firstly.The special constitution element factor cannot be wrongly evaluated as a condition.Secondly,it is necessary to make clear that the special constitution of the victim as the cause which leads to the damage.The party is aware that it has a special constitution,a certain degree of caring duty shall be performed.The party's undertaking the corresponding duty of care should not be considered unfair.Actually,the act of being responsible for yourself as well as others.The absence of duty of care is the precondition for the victim to share the damage.Whether these elements could relieve responsibility,you've to type analysis and discuss.The victims' special physical effects on the liabilities for damage actually come from the values of the legal policy and the law of comprehensive considerations.In the process of the development of modern tort law,subjective negligence has became increasingly objective,while objective causality has became increasingly subjective.In the process of policy considerations,the fault of the victim,the fault of the injurer,reasonable predictability,illegality and other factors must be included in the case.When the victim is at fault,it can be further discussed whether there's a legal causal relationship between the specific constitution and the result of damage.Victim's special physical fitness conditionally affect the result of the damage,which means decreasing the responsibilities.When the victim's at fault,the harmful consequences between the victim's special physical fitness and the damage are legally causal,which is used to limit the liability.In some cases,we can build logical formula,that is derived as follows: 1.Responsibility established formula: lack of caring duty + nonfeasance + factual causality+damage= factual causality of the responsibility establishing;2.The division of the scope of liability is actually a proportional calculation,which is based on the considerations of the participation of the victim's special physical effect on the damage.The subjective fault of the victim and injurer should be typified.When the injurer is subjectively at fault,injurer can not relieve of responsibility.When the injurer's subjectively negligent,the degree of subjective fault of the victim,degree of knowledge,ruling ability etc.should be combined in consideration.The establishment of proportional liability mechanism can be considered,the proportional liability mechanism procedure includes: preconditioning program,procedure of legal argumentation,factor participation determination procedure and target computer.By defining proportional responsibility further clarify logical sequence and the form of implementation in the victim's special constitution damage cases.