Lability To Pay Compensation Of Damage Of Public Facilities

In recent years,there are many tragedies occurrence due to roads,airports,bridges and other public facilities defects in China.After these events,local governments tend to shirk their responsibilities on the grounds that they do not exist,and some government agencies often use the "humanitarian relief' to settle down the problem.The ways local Courts handling this issue are not unified.The reason is that there is no specific legislation on the issue of liability for damage to public facilities.In this paper,through studying a large number of literatures,cases,theories,the analysis of the legislation of China's current situation and foreign legislative practice and combining previous researches and related cases,the conception that the damage caused by the public utilities should be included in the "State Compensation Law" in China is concluded.This divided into article is five parts;the first part is about the case of damage caused by two public utilities.There are some questions that would be raised from the way government agencies dealing with the issue,as well as the court decision.1.Who should be responsible for the damage to public utility facilities directly to the victim?2.The nature of humanitarian relief.The cause of the problem is due to imperfect legislation in our country.The second part is about the definition of public utilities through the analysis of characteristics of the concepts and public facilities.to all artifacts Public facilities refer,and natural objects natural processing products that are provided for the purpose of providing or managing the public service and the public interest.It has the following characteristics:set up or managed by the government,being functioning physical,the public,the usability.The third part introduces the current situation of the legislation of public facilities in our country and the existing problems and system defects.China's current law on the damage caused by public facilities is exhibited in civil law,however,it is not involved in the state compensation law.The fourth part analyzes the relevant legislation on the damage caused by public facilities.Mainland law countries?regions? generally incorporate public liability for public utility damage into national?regional? compensation law,while Anglo-American countries have no legislation,in practice they have established the responsibility for state compensation.The fifth part analyzes the practical reasons for the incorporation of public utility facilities into the state compensation law from its necessity,possibility and advantages.The sixth part is about the system design of the compensation for public compensation caused by public facilities,including the constituent elements of the compensation for public compensation caused by public facilities,the principle of attribution,the exemption cause,,and the procedure for claiming the compensation organ for compensation.And analyzing the issue of responsibility for compensation for public compensation caused by public facilities.Therefore,the view of the public utility facilities damage this article is that should be included in China's state compensation law and the administrative proceedings should be rights and interests of the parties applied so as to better safeguard the legitimate,to maintain social stability and achieve fairness and justice.