The Study On The Compensation Responsibility For Damages Caused By Public Facilities

As the economy of our country is developing and the society is improving, the government functions is transforming quickly from managed government to oriented government. However, more and more compensation cases of damages caused by public facilities spring up recently. Whether academic circles or practice circles, there is dispute existed of the nature of those cases caused by public facilities. Some scholar think that it is the state compensation when damages caused by public facilities happened, but others don't think so.In this thesis, author thinks the nature of compensation responsibility for damages caused by public facilities is the state compensation and these cases should be included in the State Compensation Law.In first part of the thesis, author explains the connotation of public facilities and then compares the difference between public facilities and other words of similar meanings. Besides, the author of the thesis tries to classify the public facilities in the real life of our country.In second part of the thesis, author expounds the rationale of State Compensation firstly, and then summarizes the relevant legal rules which are used as criterion in the compensation cases of damages caused by public facilities. The most of the legal rules are included in general rule of civil law and tort responsibility law, but there is still controversy existed in the practice. Therefore, the author of the thesis analyzes the difference between state responsibility and civil responsibility and then states the disadvantages if state is not responsible for these compensation cases of damages caused by public facilities. Meanwhile, author also puts forward the rationality and necessity of the state compensation in those cases.In third part of the thesis, author discusses the criterion of liability and Iusta causa excusationis of compensation responsibility for damages caused by public facilities. And then expounds the four constitutive requirement of compensation responsibility for damages caused by public facilities.In fourth part of the thesis, author proposes the state must shoulder the compensation responsibility for damages caused by public facilities which are managed by Departments in Government and public institutions. When the public facilities are managed by public plants and private enterprises, compensation responsibility for damages caused by these public facilities belongs to civil responsibility. If there is special law, compensation responsibility must stay the same with the rules in the special law. In addition, we must pay attention to the difference between direct utilization and indirect utilization to public facilities and the state compensation liability when the public plants and private enterprises cannot shoulder the whole civil compensation responsibility. In the end of the thesis, author puts forward some legislative proposals of the compensation responsibility for damages caused by public facilities.