Public Facility Damage State Compensation

With the economic development and social progress, the government function is also changing rapidly, from a managing-oriented government to a service-oriented government. The public-service concept is replacing the concept of public rights. The citizen relies on the government to provide them the survival needs. The installing and maintenance of the public facilities is one the most important composition in the Administrative services. However, the public facility provide people the convenience and comfortability, meanwhile, it also brings the personal injury and property damage because of the improper installation and management. In recent years, the cases about the damage of public facility always occur, which draws widespread concern in the society. It is the traditional tort rules that compensation should be followed by damage, even though it caused by public facility. In China, it will be handled by civil way if there is such case. However, this method exist many imperfections. It is always argued in academics that weather the public facility damage should be brought into state compensation and different people have different views. It is the hot topic between domestic scholars but never got unified. In writer’s view, the damage of public facility is necessary to bring into the state compensation. No matter in theory or practice, it has the corresponding conditions and it is feasible and operational. Therefore, the condition is mature enough and bringing damage of public facility into state compensation represents the general trend.This paper, starting with several problems in the cases, defines the concept of the public facility from its structure and concept. It is that the state installs and manages the devices or equipments for public purpose and usage. It analysis the constitute element of the damage of the public facility and it also qualitative analysis its compensation liability,then learning from the theory and practice in world continental laws system and Anglo-American law system, it focuses on the present status of state compensation on the damage of public facility and it has some disadvantages if bringing the damage of public facility into civil compensation. For example, it is not good for social stability and protection the interests of the parties in the damage. Basing on the feasibility of bringing the public facility damage into state compensation, this paper also makes some suggestions on how to construct the sate compensation on public facility damage. What’s more, after clearly defining the party in the damage of public facility, China is applied to the principle of liability without fault. Once again, it defines and analysis the scope and the procedure of the damage of the public facilty.