State Compensation Caused By Public Facilities

The rising of administrative state is an important feature of the modern society. As Chinese government's functions in public service strengthened, a lot of compensation cases occur concerning the injury caused by the public facilities in recent years. In reality, when confronted with these cases, we usually tackle with civil means; as the managers of public facilities, enterprises and public institutions should be liable for compensation. According to the related cases and theories at home and abroad, this paper, making full use of research methods such as comparison, analysis and positivism, aims to illustrate the dominating theoretical issues about national indemnity of damages caused by public facilities on the basis of comparison and analysis. Combined with the first amendment of the State Compensation Law, we need to contemplate how to establish the national indemnity system relating to the injury caused by public facilities. The thesis manages to explain the following questions:first, the definition of public facility; second, the imputative principles and the components of the injury caused by the public facilities; third, the legislation on compensation in other countries; finally, the response on whether the injury compensation caused by public facilities should be under the rules of the state compensation and how to make it.