First Study On State Compensation For The Damages Caused By The Imperfections Of National Public Facilities

The State Compensation law, entered into force in1995, had not coveredthe damages caused by imperfections of public facilities yet so was thesame case in the newly amended law in2010with15years passing by. Anincreasing number of imperfections caused by public facilities areentering into people’s daily life, which leads to a heated controversyin the theoretical circles on whether such a kind of damage should beincluded in the scope of state compensation. Believing that theapplication of civil compensation, which is not conductive to theprotection of the lawful rights and interests of victims, is not the bestway to solve the problem and only the application of state compensationcan deal with this problem fundamentally, the author demonstrates whetherthe damage caused by imperfections of public facilities should be coveredin the scope of state compensation from the following five parts.The first chapter talks about the damages caused by imperfections ofpublic facilities should be included in the state compensation fromseveral aspects, such as the ownership of public facilities, the conception of the public and the meaning of the facility. Then discussesthe reasons why the damages caused by imperfections of public facilitiescan be compensated by the state from the following respects: the propermeaning of the State Compensation Law, the development trend of countriesin conformity with the binary separation of public and private law, theadministration of public facilities, the unequal civil legal relationshipbetween the managers and the users, the better protection of the aggrievedpersons and so on. Subsequently, the author describes the formation ofthe compensation paid by the state for the interests of the victims whoaffected by the imperfections of public facilities.The second chapter deals with the liability principle. The authorbelieves that Criterion of Liability takes the up-hand in the currentState Compensation Law, while the principle of no fault liability justused as a complementary. This kind of liability principle does have manydefects, so it is advisable to adopt the liability principle with theprinciple of liability without fault-based, supplemented by the principleof fault liability (including the presumption of fault liabilityprinciple).Chapter three discusses the scope and standards of compensation forthe damage caused by the imperfections of national public facilities. Thecompensation covers scope of facilities and range of results, and therange of the results refer to the personal injury, property damage andmental damage. The main method of state compensation shall be the paymentof damages or we can say the way of monetary compensation; therefore, thestandard of compensation, including personal injury, property damage(both direct damage and indirect damage) and moral damage, lies in thestandard of monetary terms. Compensation funds are also discussed in theend of this chapter. Chapter four gives an account of the procedure of state compensationfor the damages caused by the imperfections of public facilities. Thecompensation procedure can fall into the active procedure and applicationprocedure. In the process of application, claimant for compensation,organ for compensatory obligations and the handling of disputes, whichcan be divided into both reconsideration on and litigation, areintroduced.Chapter five talks about the additional provisions of statecompensation for the damages caused by the imperfections of nationalpublic facilities. This part mainly deals with the subjects without beingclaimed and the infringements of the civil servants coincidence with thestate compensation for the damages caused by the imperfections of publicfacilities.