Administrative Public Property Damage Caused By Compensation

Administrative property theory is more and more studied abroad, but we almost have no administrative theory. With the age of administrative nation" administrative role embodies providing needed living condition, administrative property which is the means of administrative activity substance has more and more important signification. At the same time it is recognized by people that administrative property causes more and more danages. Our law lacks provision on this aspect ,civil rights and interests can't be protected effectly, it should be brought into national compensate. This article is to make up the regret which is disregarded by administration for a long time and expects judge going out the predicament and builds logical system. But we have no treatise in this field so we have to study with compare.This article has four parts :This article states that the purpose and the use to write the article, and introduce the meaning of administrative property. As the overnment enhances its function of public service ,it appears more and more damages suits resulting from the tort affecting the public utility facilities. It is difficult to decide their nature is administrative indemnity or civil compensation .And this question is hotly debated in the administrative field, the article discuss the bound of administrative property, at present it doesn't localiza in public utility facilities, it includes nature substances such as rivers and seas. It thinks owing to the development of science and technology, immateriality assets such as information and credit are more and more important in life, they should be included.The first part is to use the case to explain actuality of administrative property harm about our county, we deal this kind of question using civil law it is out of time. Further it expounds the historical and practical causation and it explain the localization we use civil law to judge this kind of case. Last it introduce other countries how to deal with this question. The article analyses America Japan and France historical course about damages caused by administrative property, the bound of the compensate, superiority and limitation when they now apply national compensate law to deal this question. Use for reference about foreign country we should apply national compensate law.Second the article states the gist that applies national compensate law, it is the point of this article. Administrative property is more and more used, it also caused much problem. It is import to study how to use national law. It starts with the nature of administrative property, administrative property is means of administrative nation, then states from the civil rights and country duty. The development of modern administration brings forward that nation has duty of providing all kinds of service, if they have blemish nation should assume duty. This part still analyses from the aim of national compensate, the relationship of commonveal organization and nation, society demand.At last, It discusses that how to include the administrative property into national compensate law. First it discusses it's rule, according to the illegal rule and liability to hazard it can protect better. Second the article states four component parts of the damages caused by the administrative property. First it must be administrative property, second is to exist the defect on the administrative property, third is to exist the real damages in the citizen. The last part is to exist the causal relation between the damage and the defect. Third it tells material questions such as demander, compensate organ, Forth it tells the actual operation that damages caused by administrative property applies national compensate law. it discusses the bound of it on base of our economic level. Due to our economic base and compensatory bound at present, it should be controlled in public utility facilities, it can lighten the burden of our country and protect our citizen. At last it discusses the source of capital. It introduces the source of capital about other countries and puts forward advises.