The Public Facility Sends Harms The Compensation Responsibility Research

The abstract on official business has the facility to establish the harm country the management slight defect creates whether has to undertake the compensation responsibly, this question is day by day prominent. According to our country present legislation stipulation, this part of harm is removed outside the administrative compensation scope. Then major reason was our country railroad, the postal service and so on the public utilities is tending to the commercialization ,no longer had the administrative function, its establishment management the harm which was short of creates does not belong illegally exercises the authority behavior, therefore did not bring into line with the national compensation the scope. To from this the compensation responsibility which produces investigated must to is responsible based on the civil law or other special laws to manage the public facility be business unit requests the compensation. Already became the modem administration function in the public service under the important composition content background, urged the public facility superintendents earnestly to fulfill the responsibility, the practical safeguard public facility use legitimate rights and interests all had the extremely vital significance. Backwardness legal rule already with difficulty adapted with the rapid time development.According to our country country compensation method stipulation, our country country compensation scope does not send the evil including the public facility. The National PeopiesCongress law working committee pointed out in the national compensation law draft that:Bridge,path and so on state-owned public facility, because manages the compensation question which is short of occurs not to belong to the illegal form authority the question,does not bring into line with the national compensation the scope,the victim may defer to the general provisions of the civil law related excessively, to is responsible for the business and enterprise unit which manages to request the compensation ." Through to this stipulation analysis, we may discover the present legal rule compensation scope too is narrow, cannot cover all public facilities. Implements is the mistake estimation principle, this principle does not favor victim's right realization, also has the responsibility main body not explicit situation.The article to sent the public facility harms the compensation to integrate our country country compensation method necessity to carry on the elaboration, theoretically this stipulation could not satisfy the modern administration the request, did not favor the implementation constitution to the people's rights and interests protection provision. Looked from the legal relationship angle that, the use with establishes between the superintendent is not the equal civil congruent relationship, but is the administration legal relationship. The country compensates the law to take the human rights protection law must comprehensive, the perfect protection citizen's rights and interests, sends the public facility the evil to integrate is the various countries general procedure, our country should not be exceptional.Elaborated has sent to the public facility harms the compensation to integrate the national compensation method tentative plan. Our country's national compensation law uses is violates turns over to the responsibility principle, but the public facility sends harms the compensation question to have its particularity, in this kind of case, the right infringement main body mostly has administrative authority State agency or by the administrative authorization organization, to establishes the management defective illegal judgment to have certain difficulty. Therefore for the more comprehensive protection victim's benefit, suggested establishes the non-mistake responsibility principle in view of this kind of harm to have the very big necessity.This article mentions from two (?)iece of cases, elaborated the public facility to send emphatically harms the compensation to integrate our country country compensation method basis and the system construction. Article including introduction and three partial contents.The first part sends for the public facility harms the compensation outline. Introduced the public facility limits, establishment management defective recognizing as well as the various countries' present stage legislation condition. The second part has carried on the analysis to our country's legislation and the practice situation, proposed our country legislated the insufficiency to elaborate in this foundation has sent the public facility harms the compensation to integrate our country country compensation method necessity.The third part is sets up the public facility to our country to send harms the compensation system the tentative plan. Including turns over to the responsibility principle the design, the compensation scope expansion, to join the indirect damage compensate and the spirit damage compensate, the compensation procedure consummation.