Analysis Of The Liability For Compensation Of The Damage Caused By The Public Utilities

In recent years, the concept of service administration is more and more thorough popular feeling along with the change of the functions of our government. However, the transformation of the government functions can not only bring about the changeover of the configuration of the growing number of public utilities that are used to meet the public’s needs, but also show its frequent damage at the same time. This thesis, through the analysis of the processing status of the damage caused by the public utilities and in combination with other countries or regions outside of the case, identifies the liability for compensation of the damage caused by the public utilities to be state compensation liability and that it should be classified as the adjustment of the State Compensation Law in China.The thesis will mainly do the research the following four parts, that is the overview of public utilities, the liability for compensation of the damage caused by the public utilities in our country legal analysis, the introduction of the liability for compensation of the damage caused by the public utilities outside of the regions and how to build the state compensation of the damage caused by the public utilities in our country. The first part simply introduces the divergence in the definition of the public utilities among different countries and regions and defines the public, public, utilities one by one. The second part sketches the necessity and feasibility of the liability for state compensation of the damage caused by the public utilities in our country. And it expounds the necessity of the liability for state compensation of the damage caused by the public utilities in our country from the defects of the legislative debate, the practice of the status quo and the civil compensation respectively. The feasibility of the liability for state compensation of the damage caused by the public utilities in our country will be analyzed from the theoretical basis and the realistic foundation. The third part introduces the provisions of the damage caused by the public utilities in foreign countries or regions detailed and the handling of such cases in practice. It will also analyze its useful values in combination with our national conditions. The last part is the construction of the state compensation liability caused by the public utilities in our country. Through the above analysis and definition of the liability for compensation of the damage caused by the public facilities, it will introduce the considerable factors of establishing the public system of compensation for damage caused by the public facilities and the scope incorporated into the state compensation of public utilities. And in combination with the practical situation of our country and abroad, I’ll show my point of views from perfecting the legislation, administrative recovery system, insurance system and the way of testing.