The Analysis Of State Compensation For The Damages Caused By Administrative Public Property

The system of administrative means is constituted of administrative public property, administrative body and administrative action. However, China has not established a complete administrative public property system yet. As the strengthening of the government's public service functions, recent years saw more and more cases on the damages caused by administrative public property, thus triggering continuous discussion and reflection from the academic circle. The key of choosing which way to compensate doesn't lie in whether getting the compensation or not, but lies in whether the compensation is made by the state, because the latter has greater significance in politics and legislation rather than tangible benefit. However, the existing Law of the People's Republic of China on State Compensation has not included the damages caused by administrative public property in the scope of state compensation. In judicial practice, the cases are mainly judged according to the General Principles of The Civil Law and relevant judicial interpretation. This paper, based on the relevant literary review, defines the connotation and denotation of administrative public property. After the comparison with the state compensation system in other countries and the careful consideration of China's unique situation, this paper demonstrates that the damages caused by administrative public property should be compensated by the sate. Applying such cases to civil law not only makes a mistake of legal relationship but also narrows the compensation scope, adds the injured party's burden to provide proof and makes it hard to implement compensation. Therefore, the state should transform the administration concept and fully protect human rights by shouldering its due obligation of prevention and attention. To add the damages caused by administrative public property into Law of the People's Republic of China on State Compensation in this time's amendment, it will achieve the win-win result in legislation and social significance. This author proposes the compensation for the damages caused by administrative public property in China should adopt the duty-taking attribution principle of duty wrong (objective wrong) and dangerous duty, which includes four necessary conditions: First, it must be related to administrative public property; Second, there must be the flaws (defects) must be exist in the administrative public property on setting up or management; Third, the lawful rights and interests of a citizen, legal person or other organization must be infringed; Fourth, there must be the causal relationship between the damages and the flaws (defects). This author also makes an analysis of the exemption conditions of state's liability. Moreover, this paper discusses the issues of claimant for compensation, organs for compensatory obligations, the methods, scope and expenses source for compensation.