Research On State Compensation For Damage Caused By Public Facilities

In recent years, the frequent cases of damage caused by public facilities, resulting in the damage of public facilities into the public view, the safety coefficient of public facilities has also become the focus of attention. Public facilities for the implementation of administrative function of the government management of public affairs, play an important role. At the same time, along with the social economy make a spurt of progress of science and technology, high speed forward, the government of the exporting of public facilities "products" how safe is one of the important standards of public concern, as the functions of the government. In fact, damage problem is not a "young" problem caused by public facilities. As early as in twentieth Century80’s there are many scholars writing research, explore this issue system. But the real trigger our government and public attention, China has emerged in recent years, many public facilities virulence cases. As the evening of July23,2011, from Beijing to Fuzhou to Wenzhou’s train collision crash "event". In August24,2012, the Yangmingtan bridge collapsed in Harbin, the "Harbin bridge collapse". In September13,2012, Hubei Province, Wuhan City, a residential elevator with30layers of "elevator crash" and so on, are the typical cases of damages caused by public utilities.The frequent cases of damage caused by public facilities, but at present no specific legal provisions of China’s problem of compensation for damage caused by public facilities. The virulence of public facilities are not included in the "state compensation law". In China’s current judicial practice, a part of the civil tort cases in accordance with the "general principles of civil law" or "tort liability law" the relevant provisions of resolution. But do not meet the civil tort cases, is the legislative blank situation lawless. This is clearly inconsistent with the concept of ruling by law, and is not conducive to the victim’s relief.Therefore, the author will compare the current legislative status and typical foreign national legislation about the damage of public facilities, analysis will bused by the public facilities into the necessity and feasibility of state compensation harm, summed up in line with China’s national conditions, summed up the concept of public facilities, public facilities to the imputation principle pests, in public facilities the state compensation for damage, analysis of the damage caused by the public facilities constitute a special condition, thus establishing the specific content of public facilities virulence of the state compensation system and system.