The Study On The Management Obligation Of Public Facilities

In recent years, with the damage occurred frequently by the public facilities, it was brought into the research range of legal scholar. There is a very deep reserch and a lot of good results from establishing the whole system of public property and state compensation of the public facilities damages. But as we all know, in our country, it is very difficult to make a perpon damaged by the public facilities receiving state compensation become a law, and it will be more difficult to establish the whole system of public property, the other hand, such a system is not develpt from our actual conditions, but to study from other country. Although it must have a long accumulated to build our country's public property law system in theory and practice, but we still have to take enough care to the management of the public facilities. Discussed again until the accident with the question of compensation, as before the accident not occurred, to study how to effectively prevent its occurrence. This article is based on this consideration, attempts to manage public facilities from the public point of view, to study the management of Public Facilities in the main public facilities in the management of the public should bear the responsibility and obligation how its should be how to fulfill their obligations, and not as should bear the consequences.The first part is an overview of the management obligation of public facilities. This section introduces the definition and its controversy of the public facility in foreign and domestic studies, accordingly, defines the public facility and the management obligations of it, and also points out the significance of this research.In the second part, the present management system of the public facilities in China and its defects were discussed. In China, the government has been valuing construction of the public facility and neglecting its management for a long time. This idea leads to the lack of the public facilities, and a decentralized and imperfect legislation model of public possessions. As a result, the administrative subjects'obligations are indeterminate. All these increase the dangers of public utilities .The third part introduces the legislative systems and experiences of public property in other countries. There are not clear legal system about public facilities, but there are improved the theory and system in public property, especially Japan, Germany and Taiwan region.The fourth part is the research of the obligation about public facilities. This part definites the obligation in the administrative bodies in the public aspects of the daily management of public facilities and eliminate dangerous of the public facilities when it could be harm to personal and property security ,and the administrative body must undertake responsibility when they do not the perform primary obligations and corresponding compensation for the damage of public facilities.