The Legal Analysis About The Damages Case On Nanjing Airport Expressway

As a modern democratic government, whether it is for the maintenance of political domination or the need of economic and social development, she must provide perfect, rich public facilities as far as possible to citizens, such as highways, bridges, drainage facilities. It is uncertainty to solve the damage cases caused by public facilities, because the current legislation of our country is not clear, especially caused by public facilities in the highways and other liability in the end a civil liability for state liability, the damage cases caused by public facilities are not written into the scope of state compensation in the new revision of the" State Compensation Law". So it will still be an important subject of study on the damage of public facilities the attribution of responsibility for the scholars. This article analyzes some problems related public facilities on the basis of analysis of the damages case on nanjing airport expressway, a representative case caused by public facilities.This paper is divided into four chapters. The first chapter, the basic case, claim and issues. It is introduced the basic facts of the damages case on nanjing airport expressway, the pleadings virulence around the highway belongs to the civil case or administrative cases, the judgment of the court and the focus of controversy in this case. In the second chapter, I analyzed the focus in detail and finally determined the case should be recognized as a national compensation responsibility rather than the civil liability for compensation. In the third chapter, I analyzed the legislation and practice of the damages cases caused by public facilities in France, Germany, Japan, the United Kingdom, the United States and China, and analyzed the reason for the public facilities legislative defects. In order to make a modest contribution to virulence state compensation the cause of building and social harmony for China’s public facilities. In the fourth chapter I make recommendations about establishment and improvement of public utilities in China caused by state compensation to learn from foreign legislative experience and reference to other research results.