The Recognition On Tort Liability For Damage Caused By Public Facilities

Through the observation of our national compensation legal system of liability caused by public facilities theory and judicial attitude,we find that the theory of the traditional administrative behavior is the base of the state compensation law theory.However, the theory of legal relationship,the theory of administrative process and the development of the theory of freedom of choice in the form of the theory of freedom of choice in the form of legal theory should be used as the foundation of the state compensation law,and the foundation of the state compensation claim is expanded.And with the development of the private business as the main manifestation,the development of the traditional administrative act theory has caused a change in the nature of the state compensation law.So,as the response to the administrative change, different legal liability for tort damage,should be treated according to the detailed situations.The first chapter, through the analysis of the typical cases happened in the last few years and different processing methods at present to find the relevant provisions of the State Compensation Law in our country and the theoretical basis of the shackles.And obviously we can see the contradiction in the processing of judicial practice,and the conservative caused by laws and regulations,and also the controversy when we talk about the problem.On the other hand,by the responsibility of the government specification ruled in the “general principles of civil law","tort liability act", "highway law" and other special laws or a number of regulations,we can see the confusion and contradiction of the provisions of the documents related to to illustrate the public property causes damage compensation legal regulatory.The reason why these problems exit due to the establishment and management of public facilities and management of the right to completely exclude the national compensation law,the negative state compensation for this substantive basis, and even this has led to a considerable part of citizens can not look for help when their rights be hurtThe next chapter introduces other countries law about the damage caused by public facilities for show its theoretical basis.On the specific way of compensation for the damage caused by public facilities,the practice of different countries is usually the same,almost all countries take public facilities to the compensation for damage into the scope of state compensation law.Japan’s "National Compensation Law",in order to establish the statutory form of compensation responsibility.Japan recognized public facilities to harm national compensation responsibility is: since the state or public organizations to build roads,parks,schools and other public facilities for the majority of people use,due to the defects of facilities,the use of the usual usage and the occurrence of the damage is not expected,as the provider of the facility should take responsibility.Germany`s "State Compensation Law" provisions of Article 1: "the state,because of its technical facilities and fault arising from infringement should liable;(2) due to damage to the streets, land, territorial waters, building violations of traffic safety obligations caused by violation,the State shall be liable for compensation". In Germany,in the strict division of public and private law,the liability of public facilities is not only the duty of the state compensation law, but it is the responsibility of the state compensation law.As the administrative law of the country of France,the national behavior is divided into right behavior and management behavior,and the government behavior for management due to the performance of official duties,the management of public property,state schools, hospitals,roads caused by dangerous liability, the case law recognized by state compensation.South Korea’s National Compensation Act fifth and the Taiwan region of China’s national compensation law have similar provisions in japan.In the United States,the Federal Tort Compensation Act expressly provides the federal government’s liability.Whether civil law countries or the common law system countries,whether it is case law or statute law,public facilities are generally included in the scope of national compensation.Then is the reform of the modern administrative act theory system. At present,there are no objection to the distinction between legal action and factual behavior.Some scholars call it the meta form of administrative activity,which is the basic concept of administrative action law system construction.And because of the basic concept of administrative acts to understand the differences and it is difficult to achieve.And administrative behavior creation begins with receiving the properties of rule by law and Otto.Meyer`s definition of administrative behavior,also make administrative acts in fact covers most of the high administrative measures.The understanding of this concept determines the protection of the rights of the people. Leading to not according to the type of the method of administrative dispute of order processing,such as whether to recognize property damage caused by the total public controversy and given relative state compensation claim.This also involves the domain public law theory,the theory of public facilities law more clear public behavior settings and management.In addition,this chapter also discusses the relationship between state compensation law and civil law,and it can be proved that, even in the present law,the nature of private law is a civil court,but it still can not be ignored.The last chapter of this paper is based on the above discussion.In order to effectively deal with the challenges brought by the government,administrative law also needs to implement the corresponding reform: to abandon the legislative idea of "public interest" as the center,to break the legislation of the administrative law,to absorb the basic rules of private law,or to change the administrative law,to meet the needs of the government service outsourcing and other public private cooperation mode.