Responsibility Product Damage Compensation Public Materiality Government Supply

In recent years, with the increasing of damages inflicted by public corporality production, jurisprudents have begun to study on problems of public corporality production both from the macroscopic and microscopic standpoints. Some treatises also already have been published. At the present stage, research about damage problems of public corporality production which could be regulated is mainly in field of civil law, administrative law and economic law. Considering the situation of China is an administrative country, the adjustment model of civil law and administrative law for compensation liability of the damages inflicted by public corporality production is obviously unreasonable.In comparison, Economic law has a strong superiority in solving the conflicts between government and market, selecting targets, designing legal relationships and relieving results that make it the best choice to solve public corporality production damaging events. In addition, economic law is established based on the social standard and its value goal is to maximize the social public interests. The characters of public corporality production reflect the features of public interest properly. What’s more important is the damage of public corporality production provided by government is compensated by national assets, which can not be adjusted well by civil law. Besides, the government cannot follow the principle of will autonomy to treat the compensatory parties, and they must accept the social supervision. Economic law can just make up for a deficiency of the civil law in this regard. The legal relationship of virulence compensation is a tripartite relationship, including both parties and the related party. The legal relationship of compensation for damages inflicted by public corporality production is a tripartite relationship, including both parties and the interested party. Both civil law and administrative law cannot adjust this relationship. Thus, it can be concluded that economic law is the only choice for regularizing the problem for damage of public corporality production supplied by government. Macroscopically speaking, the study on the compensation responsibility for damages caused by public corporality production will not only instruct the legislation and practice of the compensation of damages caused by the public corporality production supplied by government, but also broaden the research area of economic law. It is the inevitable requirement to continued improve and deepen economic law theory and also the objective need of the economic law. Meanwhile, this study provides a new horizon for understanding and unscrambling economic law’s existence, development and perfection. Therefore, the study on the compensation liability of damages inflicted by public corporality production supplied by government has theoretical and practical significance.Microscopically speaking, Government bear the legal responsibility for damages caused by PCP is an inevitable demand to optimize self-construction. The best advantage of state compensation liability system is to detach compensation liability of the damages inflicted by public corporality production from the meaningless dispute between civil compensation liability and state liability and to incorporate it into the scope of economic law. Under the premise of taking the defense non-fault principle as its doctrine of liability fixation, the interests of the country and personal interests of citizens shall gain win-win result. At the same time, introduction of the social supervision into economic law’s liability for compensation of damages caused by public corporality production will further protect the social public interests and highlight the value of public corporality production. Above all, this system provides the means to seek remedy for the party in case of the damages inflicted by public corporality production supplied by governments and also helps the government to focus on the quality when producing the public corporality production so as to decrease the liability undertaking of such kind. It’s an important system, which fits China’s national conditions, to solve the legal nature of compensation liability of the damages inflicted by public corporality production supplied by governments.The body of the paper is divided into three parts:In the first chapter, the concept of the public corporality production was defined, which lay a good foundation for the introduction of the current situation of damages inflicted by public corporality production in our country. Then the reason and the existed problem of our country’s legislation were analyzed. After analyzing other country’s legislation and combining our national situation, the reasons that we cannot do the same thing just like the other countries do are concluded in a logical way. At last, this article specifically analyzed the compensation problems caused by government provided public corporality production.In the second chapter, with the method of reverse reasoning, the author made a logical inference that the compensation responsibility of damages inflicted by public corporality production is not belong to the national or the civil compensation responsibility, but it is belong to the law of economy.In the third chapter, the author mainly proposed what kind of system settings should the economic law responsibility need and what kind of contents should this system settings include.