Research On Administrative Compensation Of The Damages Caused By Public Utilities In China

With the increasing of the function of the public service of China’s administrativeauthority,and the increasing development of construction of the "service-oriented"government and the urbanization process,the number of domestic public facilities isincreasing too.At the same time,there are a lot of compensation and lawsuit caused bythe public facilities,which cause the government departments and the judicial organs a lotof trouble.There are two reasons, one is the difficulty of quality of the case, the compensationliability caused by public facilities is very difficult to recognize.Is it belongs to civilcompensation liability or administrative compensation responsibility?The two parties hold different opinions to resolve the difficulty.on the other hand, it isalso difficult to resolve the question.Because if the civil law is quoted, the tort liabilityact and the relevant judicial explanation, the main body of compensation, standard andscope, imputation principle are not explicit. And the law of national indemnity which isrecently revised also does not definitely include public damages caused by the publicfacilities as a liability to pay compensation. This article insists that the quality of thiskind of case should belong to the administrative compensation.Refering to theinternational practice and legislation, It should be included in the scope of statecompensation. First of all, applying to civil relevant laws to determine the liability forcompensation has its limitations. The activities of administrative government are dividedinto administrative organs exercise power (such as administrative penalty) and provideservices (such as public of public facilities maintenance and maintenance set up).Thereare two kinds of administrative behavior, which show a certain degree of complexity. Butin modern times, citizens relying on the public service supplied by the administrativeorgans more and more fiercely,thus to meet their basic survival needings. In order toguarantee the welfare of the citizens, modern state has the obligation and duty to setup the public facilities to improve public service provision; Citizens have the benefit ofpublic service and the right of enjoying the benifits of the government provides. In this case, if the country did not perform the duty of providing public services (reasonable careand safety duty of care), it is called non-action offence, the country needs to compensatethe damage caused by its poor management and poor setting.This article is divided into three parts, the first part is the basic theory of the liabilityfor the compensation of the damages caused by the public facilities, and the articlealsointroduces the public damage caused by the public facilities, the concept ofadministrative responsibility for compensation, and the nature of the infringement of thepublic facilities and public administrative responsibility for compensation of relevanttheories and research public damage caused by the public facilities, administrativecompensation liabilities aim and meaning; The second part analyzes our country toestablish public damage caused by the public facilities for state compensation liability ofthe necessity and feasibility; The third part is the legislation suggestion to our countrypublic damage caused by the public facilities, and it analysize the administrativeresponsibility for compensation of the proposed legislation suggestion, the core ofimputation principle.Through comparative analysis and arguements, it comes to aconclusion that Chinese should be applicable to principle of liability without fault, italso puts forward that the damages caused by the public facilities should be applied tothe state compensation law.According to the present situation of our country, the damages caused by the publicfacilities appllying to the state compensation law are more and more important andimminent. And now the new modification of the state compensation law does notexplicitly include the damages caused by the public facilities.Thus we should extendand perfect our country’s national compensation law.Damage caused by the publicfacilities should be clearly expressed in the state compensation law, and thecorresponding provisions should be perfect.