On The Damage Of Public Facilities In The State Compensation

In the process of China’s socialist modernization, the government’s public servicefunction continuously increase, the incidents caused by public facilities occurfrequently, which arouses for us the question of maintaining and protecting publicfacilities as well as the question of how to soundly guarantee the victims’ legitimaterights. The state compensation of public-facilities-caused incident is an theoreticalissue to be intensified and is also a real problem that troubles the judicial andadministrative organ, for whether its property belonging to civil compensation oradministrative compensation is still uncertain and it also generates an extensive andwide controversy in the circle of academia. This thesis starts with the definition ofpublic facility, compares it to the relative concept, then bases on the present systemof our country’s state compensation on the public facilities incidents to analyze itsshortage and finally references the advanced practice and theory of developedcountries to offer some advice on how to construct our country’ system of statecompensation.