The Study On The Compensation Responsibility For Damages Caused By Public Facilities

In recent years, many damages caused by the public facilities constantly appeared in the society,such as roads, Bridges, airports and other public cases. The problem of compensation of such cases also gradually attract widespread attention. but because our country has no law about damage caused by the public facilities, there is still disputation on the extent and whether to compensate, it’s belong to civil compensation or administrative compensation in academia. there are major differences in handling of such cases in practice, so it’s critical for the study of the damage caused by the public utilities.Through consulting literatures and combining previous study of damage caused by the public facilities and related cases, it is concluded that the damage caused by the public facilities should be brought into the state compensation law category. This article is divided into four parts, The first part introduces the relevant concepts and characteristics of public facilities. Public facility is the artificial object or the object equipment which is owned or managed by the administrative organization or granted organization and which is for public interests.Specified subject,publicity,functioning and so on are its characteristic. The second part is the legislative situation of the public facility in China and foreign countries. In our country the legislation about the damage caused by the public facilities in our country mainly concentrated in the civil law and the tort liability law, while it’s contained in the state compensation abroad in most countries.The third part of this article focuses on the necessity and rationality that brought the damage caused by the public facilities into the state compensation,.Proposed the system theory, the practical significance,all kinds of defects in the application of the civil compensation, the modify of the responsibility principle and adding the mental impairment,all these Provide plenty of reasons for the damage caused by the public facilities to incorporated in the state compensation law.Then it comes conclusion that the damage caused by the public facilities should be include in the state compensation law.The fourth part of this article put forward the system construction after the damage caused by the public facilities involved in the state compensation.Besides, this article also distinguishes the different liability for compensation of the damage caused by the public facilities.To the public facilities set up by the public enterprise management should be deal with in accordance with the damage caused by the tort liability and for the damage caused by the special law regulation, obey the special law.At last, it’s proposed that it should be according to the state compensation law on physical norms for damage caused by the public facilities, but the proceedings may apply to civil procedure.Therefore, The view of this article is agreed with the opinion that the damage caused by the public facilities should be involved in the state compensation.Only in this way can we be better safeguard the people’s legal interests and realize the social fairness and justice.