Talk About Public Utility Facilities With The Result That The Person Injures An Undertake Of Responsibility

Abstract:In recent years, China's urban construction in the development of the road has made the leap again and again, hydrophilic platform, Rainbow elevated plains of the type of facility which is now even more the fruits of social development. These positive highlights of the city to create business cards to attract the public as a city at the same time, why is the government's feat will appear negative virulence events? Along with the legal system to promote the growing of the administration of justice demands precision of gradually strengthening the application of the theory and the law invoked Article becomes particularly critical, but for the virulence of similar cases of public utilities, the legislation is not is very clear, from the early days, "Civil Law", followed by the "Supreme People's Court hearing personal injury compensation cases on the law applicable to the interpretation of a number of issues", then just consider the adoption of the "The People's Republic of China Tort Liability Act," none of the public problem of public facilities should be clearly defined virulence (or the absence of the type of provision), but from a general point of view, regulation of some items to cause damage to the solution. So, in practice, for public accountability in cases of public facilities in virulence of the problem is still applicable to the current legal ambiguities.The innovation of this article, the author summarized as two points:first, content, views, innovation. In the writing process, I can not help but refer to some scholars, the academic results of their predecessors in these materials and found that virulence cases of public facilities for the public's obligation and commitment, mostly from the building to cause damage to the point of view, but from the tort law as an obligation on the point of view to analyze this problem, it is little. Second, the research methodology innovation. Writing of this article, breaking the traditional single area of law from the department to look at the traditional way, China and France in the tort law and administrative law in the State Compensation Law of the relevant thinking, the use of departmental inquiry method as the way to solve the problem the best way.This article will focus on "cases of public utilities virulence of shared responsibility" issues addressed, we can say, relevant in practice, such cases is an urgent need to resolve the thorny issue of just from the perspective of the object to cause harm to analyze problems, to hear cases, by facility managers, owners or users bear the relevant responsibility is there are no flaws at the same time it can look for other ways? Is worth studying. This paper's main point:is the public accountability of public facilities virulence cases the way to dig from various angles, integration, a clear basis for invoking virulence of the facility in order to explore the practice is reasonable, lawful, fair as a solution. This will be discussed in four fronts:the first part will focus on the virulence of the judicial status of public facilities and domestic and international relevant legislation. The second part of the article writer is from the perspective of the building to cause damage, the analysis of public facilities virulence of the obligation and commitment. The third part of the article I will cite security obligations to the theory of the responsibility of public facilities, the basis of virulence to be widening the scope of the introduction not as compensation for infringement is the responsibility of public facilities, one of the foundations virulence. The fourth part of the last article I will be thinking, as well as the state compensation be integrated theory of tort law, and on this basis, the author presents some of the ideas and suggestions.