The Research On The Legislation Of The State Compensation Of The Damages Inflicted By Public Facilities

State Indemnity public facilities is the administrative body set up or management of its public facilities of the defects caused by citizens, legal persons or other organizations damage the legitimate rights and interests of the State shall provide reparation to the victim. Compensation of damage caused to public facilities into the "State Compensation Law," the scope of compensation, benefit more fully the rights of the victim relief, control and supervise the use of administrative power to promote its administration according to law. However, the existing public facilities, public compensation of damage caused in the legislation there are many disadvantages:the legal system, and not a compensation of damage caused to public facilities into the "State Compensation Law," "National Compensation Act" and the "Administrative Procedure Law," the relevant inconsistent with the provisions. Provisions in the substantive law, compensation claims were limited to direct victims, the executive organs of the specific obligation to set reasonable compensation, executive compensation costs of the establishment and management irregularities. Compensation procedures, the existence of irrational distribution of the burden of proof applicable to civil law is flawed, lack of due process administrative recovery protection. Public facilities for Damage Caused by problems in the legislative history of political causes, including the constraints of national policy, the concept of history. Are the root causes of the economic system, including the management system of the state's financial constraints. A theory of causes, including administrative public property lagged theoretical research, public service administration understands there is a deviation, civil damages and the State Compensation division is unclear, ambiguous on the definition of public facilities. Therefore, it is necessary to compensation of damage caused to public facilities into the "State Compensation Law," the scope of compensation, and to improve relevant legal systems:the legal system, the definition of public facilities to be reasonable, compensation of damage caused to public facilities into the " State Compensation Law, "unified" state compensation law "and the relevant provisions of the Administrative Procedure Law. Provisions in the substantive law to increase the compensation for indirect damages people claim to reconstruct the executive organ for compensatory obligations, the establishment of reform and national compensation management. In the compensation process, the rational distribution of the burden of proof should be clear tort law and the scope of the State Compensation Law to increase the relevant provisions of administrative recovery procedure.