On The Construction Of State Compensation Liability System Of Public Facilities In China

With the steady development of social economy in China,The government's administrative ideas are adjusted accordingly,gradually from the manager into an open service-oriented government.The rapid increase of public reliance on public facilities in the scientific and technological society,providing the public with safe and high quality public facilities has become an important function of the government.For people to bring comfort and convenience at the same time the case of public facilities damage caused by the increasingly.At present,our country is based on the relevant provisions of the civil law and tort liability law.This is controversial in principle,is not conducive to the protection of the rights and interests of victims,and the narrow scope of national compensation is not conducive to highlight the national relief function.Based on the research and analysis of the status quo at home and abroad,whether from the international trend or China's national conditions,the legal basis and social conditions for the compensation for damages caused by public facilities in the state are ripe.This paper is divided into three parts: The first part is an overview of the damage caused by public facilities.Starting from the definition of the concept of public facilities,this paper introduces the characteristics of public facilities,and explain in detail the definition and components of the damage caused by public facilities,at the same time,this paper expounds the reasons for exemption of state compensation for damage caused by public facilities and the necessity and feasibility of the damage caused by public facilities in China are discussed in detail.This paper analyzes the present situation of legislation and practice in our country and the problems existing in reality.This paper discusses the feasibility of the change of administrative concepts,the maturity of the system conditions and the enhancementof economic strength.;In the second part,the author analyzes the current situation of compensation for damages caused by public facilities in Japan,France,Germany and the United States and Britain,summed up the characteristics of each country,the theoretical and practical experience of foreign countries can be drawn;The third part is some suggestions on the construction of the national compensation system for the damage caused by public facilities in China.From three aspects of substantive law,procedural law and the establishment of supporting system,the specific feasibility suggestions are given.The main innovation of this paper is reflected in the following aspects:First,the concept of public facilities,the division of responsibility for the damage caused by public facilities by the property of legal person,it also expounds the basis and reasons for the division;Second is to points out the situation of exemption;Third is to clear the principle of liability for damage caused by public facilities should use the principle of presumption of fault;Fourth is to give the specific measures to build the system and rationalization proposals.