Public Facilities Liable For The Damage Caused By The Research

Public facilities in the process of setting, management will inevitably produce a variety of abuses, for compensation solutions after the incident, China’s administrative law scholars have called for more into its scope of state compensation law, the author thinks that used to adjust the civil law is more advantageous to the country, the people, and the harmonious development of the society.This article first from the basic connotation of public facilities, and more areas at home and abroad in law the provisions of the relevant aspects:in terms of continental law system, the problem of compensation after the incident from the damage caused by the separation in civil law countries is more, the Anglo-American law system country due to historical reasons and social background on the problem of processing and general tort relief way. Then why don’t are analyzed from the points of view of the law to the public facilities in the tort liability issues into the state compensation law; From the perspective of administrative law analysis set, the behavior of the management of public facilities is not belongs to the administrative activities of the exercise of public power; In civil law, this kind of setup, administrative management behavior belongs to the private economy, the administrative organ is a kind of legal person.The rule in principle, the author thinks that shall apply the principle of presumption of fault liability. No-fault liability principle too exaggerated administrator responsibility, state compensation will be a burden on the whole national economy; Fair liability principle is more in the infringer and the victims are not at fault, in moral damage compensation relief. And on the presumption of fault liability principle, can better safeguard the rights and interests of the victim, on the other hand can establish corresponding compensation burdens for countries fund system to ease, still can reduce the risk management with the aid of social insurance.