The Legislative Study On The State Compensation Of The Damages Inflicted By Public Facilities

With the continuous social and economic development, the Government is increasing the public service functions. And public facilities in recent years there had been cases of infringement virulence. Virulence for the issue of compensation of public facilities, the academic world there is lot of different points of view. It has put the idea into the compensation given to the protection of the country, but also having to follow the existing line of thought through the protection of civil compensation. Compensation even if it is passed to protect the country also had a different opinion. This article virulence of public facilities that will be included in the scope of state compensation and compensation procedures to follow country relief. On the history of the State Compensation Law is able to undertake the duty of view worthy of deep reflection. State Compensation Law has emerged from its history of over a hundred years, however, public facilities and the virulence of the compensation issue is a relatively new area. And the rule of law on this issue in developed countries, there is no uniform approach. This paper attempts to start from the history and reality to explore the virulence of public facilities at state compensation compensation status and role.In addition to the introduction and conclusion of this article, the main frame structure can be roughly divided into the following parts:The first part is about the two cases lead to consider, as a starting point of this article, and two cases of this Court's decision provides us with a solution to our existing system of compensation for public facilities virulence ideas. Two cases of this we can reflect on the inadequacy of this line of thinking in order to consider the need to put into the virulence of public facilities necessary to state compensation.The second part is about the nature of public facilities. First of all, introduce the concept of public facilities. The concept of public facilities for the scholars have different interpretations, this article also cited a number of opinion and views. Again the main emphasis are for a better understanding of the concept of public facilities required attention. Finally, the concept of some approximation of the contrast to better-depth understanding of public facilities.The third part is about public facilities, mainly from behind the reflection of an analysis of the legal relationship of public facilities put into the reasons for state compensation. This part is divided into two points. At public facilities that exist in the legal relationship between the three parties: the owners, the users and the defenders. It is precisely because of this tripartite relationship between the parties before a final decision on compensation for public facilities into the state compensation virulence.The fourth part is about the perspective.the perspective is from the negative side that is civil liability for compensation should not play a very good effect on the damage suffered by the victim should not be a good remedy. First, virulence of compensation from the public facilities to analyze the composition of elements, from the relevant provisions of civil law point of view, China's civil laws and regulations did not specifically for the public facilities of the relevant provisions of virulence compensation.The fifth part of the contents of the main public facilities are virulence-related compensation system of the basic theoretical knowledge, and from Chinese and foreign legal systems and future trends in the development of the vision, to build our country virulence system of public facilities. This part of the concept of changing from an administrative perspective, instead of from the administration of administrative law not as an analysis of the emergence of the theory come to the virulence of public facilities into the country the necessity of compensation.Part sixth is about the main reality of our country, the continuous development of society, so that a more profound understanding of us to the protection of our rights at the lack of necessary institutional and at our practice to focus on the protection of the rights.Part sventh is to sum up the reality of the existence of the problem in isolation.