On The Legal Responsibility Which By The Highway Slight Defect Harms

The highway slight defect is refers to the highway establishment and the management not completely, the incomplete condition, thus sends the security which this highway lacks usually should have. In recent years, various provinces highway Control section met the slight defect sent the evil to ford sues the case to increase year by year, our country processed the highway to send at present harms when case usually is suitable "Law of contract" and "the General provisions of the civil law" the related stipulation. The highway operation management's slight defect sends harms the case many take to break a contract the responsibility and the right infringement responsibility or both competes gathers and so on as by the prosecution highway Control section, this to investigated that the legal liability and guaranteed the victim provide reliefs disadvantageously. Moreover the similar case different processing result also exposes the theory and the practical realm studies in processing to this kind of case the flaw. Therefore, sends the related legal liability question which to the highway slight defect harms to carry on the discussion and the research has the theory and the practice positive sense.The paper is divided three chapters, the first chapter obtained from three illustrative cases to draw out the related question which the highway slight defect sent harms, and has carried on the brief evaluation, sent the meaning which and the predominant type to the highway slight defect harmed has carried on the limits, has enumerated several major points which the present highway slight defect recognized. The second chapter first discussed our country highway slight defect to send harms the compensation to turn over to present situation of the responsibility, and through analyzed outside the territory the related legal rule, proposed brought some enlightenment for the domestic related question. The third chapter proposed that the discussion highway slight defect sends the evil to send the legal liability question to act according to the existing highway's different type to be able to determine its legal relationship, and has studied the legal liability which emphatically the different type highway slight defect sends harms, especially repaid the natural highway slight defect to the government to send harms turns over to the responsibility principle and the relief contradicts has carried on the detailed analysis.