The criminal law boundary of the"eggshell skull"rule from the perspective of the uniformity of legal order
The main point of the"eggshell skull"rule is that the victim's special physique does not affect the determina-tion of legal responsibility.Influenced by the concept of imputation of responsibility in civil law,there is a tendency to accept the"eggshell skull"rule in the evaluation of criminal law for cases with victims of special physique.The"eggshell skull"not only conflicts with the principle of responsibility at the conceptual level,moreover,in terms of practical function,its protection of the interests of the victim only has a declarative value,and it is difficult to balance the interests of the parties involved.In fact,the core issue involved in the legal evaluation of the cases with victims of special physique is to achieve the reconciliation of the principle of self-responsibility and the principle of protection of legal interests.The"eggshell skull"rule can be justified in civil law evaluation,but not in criminal law evaluation,and the principle of responsibility should still be upheld in criminal law.The different attitudes of criminal law and civil law towards the"eggshell skull"rule do not violate the requirement of the uniformity of legal order.
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