Study On National Indemnity Liability Of Damages Caused By Public Utilities

To promote people's welfare, the government set kinds of public utilities, along with the damages. The damages caused by public utilities are various and complex, yet there is no specific prescription about the indemnity in law or regulations at present, likewise only a few systemic study on this issue in theory. When encountering these cases, the practice usually deal them through civil way, namely the enterprise who manages public utility should answer for the indemnity. This solution is propitious neither to protect the rights and interests of the casualty, nor to establish the spirit of nation's responsibility. By reviewing related theory and practice, this paper points out that the nation should respond for the damages caused by public utilities, and the criterion of liability should be criterion of public duty neglect adding criterion of dangerous liability, in order that the damages can be remedied in reason and in time. Then, this paper expounds the consists of the national indemnity liability of damages caused by public utilities, they are: the first, it must be the public utilities, the second, improperness must be exist in the public utilities for set or manage sake, the third, the person or property must be damaged, the forth, reasonably causality must be in the improperness and the damages. Finally, this paper gives some advice to the design of legislation and system on the national indemnity liability of damages caused by public utilities. It is urgent to establish the national indemnity liability of damages caused by public utilities in our country.