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Research On Compensation System Of Damages Caused By The City Manhole Cover

Posted on:2017-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:D X WangFull Text:PDF
GTID:2336330512451332Subject:legal
Abstract/Summary:PDF Full Text Request
Manhole cover,a major component of urban public facilities,plays an important role in the work of municipal construction and management.The loss as well as the damage of the manhole cover has brought the hidden danger to the citizens' personal rights.In recent years,the violations of damage caused by manhole covers' swallowing human frequently happen in many cities.The compensation of the damage of the city cover setup or management defect,which the administrative organ or the country shall be liable for,is increasingly prominent.Public opinion has also been called for solving this problem,but there has been no fundamental change.How to establish the reasonable and effective compensation system of the victims remains a complicated problem in the municipal administration.This article will discuss the problem of the current city manhole cover compensation system in our country mainly through the case studies,and put forward a sound proposal based on the city manhole cover damage as the national catch-all responsibility.In the introduction section,this article illustrates the five typical cases of the city cover loss,analyze the different cases of the urban manhole cover in our country's different cities and explain the diversity and complexity of the urban manhole cover.Several major aspects are included in this paper as follow:The first part introduces the compensation system of the city manhole cover damage in the context of these respects through the nature of the compensation system,the principles of liability,the scope of compensation and the compensation standards.The second part expounds the diversity of ownership types and disputes of our city manhole cover,makes it possible to recognize differently,the nature and compensation mechanism of the city manhole cover loss and damage according to the case analysis of the court,and lets us think over what are the problems in the current compensation system in our country.The third part points out the shortage of the civil compensation responsibility and the unreasonableness of the imputation principle via the problems of our city cover damage system as the starting point,brings up the liability of the state compensation miscellaneous responsibility caused by the city cover loss and damage under the system of compensation for the victim to seek effective and timely relief so that the state can be made the main body of protecting effective and timely relief so that the state can be made the main body of protecting.The fourth part is based on the perfect suggestions of the compensation system of the city loss and damage manhole cover,design of the relevant provisions of the state compensation liability which consists essentially of imputation principle,compensation spectrum and criteria excusatio,and the feasibility and necessity by the analyses of urban manhole cover into national compensation.The final conclusion sees the bright prospect stretching the urban manhole cover compensation system to the compensation system of urban public facilities,which gives some references about the development of the legal system from all over the world as well as the development rend of the future and also reflects our present rapid economic development,which will be a necessity for incorporating the damage of he urban public facilities into the state compensation system.
Keywords/Search Tags:the damage of manhole cover, State compensation, no fault liability
PDF Full Text Request
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