The Study On The State Compensation For Environmental Damage Caused By Public Facilities

Because of the scope of the government to provide public services presents a trend of expansion.When the government set or run all kinds of public facilities.especially the environmental public facilities to provide public service.The possibility of causing environmental pollution or further injury or damage to the people's life health or property rights is increasing.This paper mainly studies the construction of state compensation mechanism when the government set up or run public facilities cause environmental pollution or cause damage to the others.The first part is about the principle of the state compensation for the pollution caused by environmental pollution.On the basis of defining the environmental pollution caused by public facilities and public facilities.this part discusses the basic characteristics of environmental pollution caused by public facilities and the pollution compensation of environmental pollution caused by public facilities.Public facilities is the equipment that is set up or managed by the government or the franchisor to meet the needs of the public service.Including public facilities such as highways,railways and other public transport facilities,sewage treatment plants,landfills,and public health sports,culture education and other public facilities.Environmental pollution caused by public facilities refers to the environmental pollution or damage caused by the public facilities during construction or operation,thus causing pollution damage to the people and property of the neighboring people of public facilities.Environmental pollution caused by public facilities has the characteristics of public ownership of harmful objects,wide range of harmful objects,long duration of harmful effects,latent consequences of harmful effects,and serious consequences of harmful consequences.The compensation responsibility caused by public facilities environment pollution refers to the liability caused by the government or the specific manager for the pollution or the living environment and the destruction of the ecological environment in the installation or operation of public facilitiesThe second part is theoretical proof of compensation responsibility for the pollution damage caused by public facilities.Chinese State Compensation Law would not compensate the damage caused by the public facilities,but from the standpoint of modern administrative concept,the essence of legal relationship of public facilities management,state compensation and civil compensation in the protection of victims,the compensation for damage caused by public facilities should be included into the scope of state compensation.The third part is the liability principle of compensation for the damage caused by environmental pollution.The environmental pollution tort caused by the setting or operation of public facilities is divided into material flow and energy flow.The principle of fault liability apply to energy flow pollution infringement,the emission exceed the national and local emission standards as a fault The principle of no fault liability apply to material flow pollution infringement,as long as the damage occurs,the polluter should bear the corresponding responsibility..The fourth part is about the constitutive requirements of the compensation for the damage caused by environmental pollution.That is,public facilities pollute the environment and there is a causal relationship between the existence of environmental pollution and the damage of public facilities.The existence of environmental pollution damage caused by public facilities is a prerequisite for the establishment of compensation for environmental pollution damage caused by public facilities.According to the general experience of the society,the fact that the pollution of the environment is sufficient to result in the damage of a certain person or property,causal relationship presumption can be established.The fifth part is the determination and implementation of state compensation responsibility for environmental pollution caused by public facilities.It mainly involves the exercise of the right of claim for compensation.Including claimant for compensation and the organ of compensation.the scope and standard of compensation,the procedure of compensation,etc.The claimant is the victim of the damage caused by the public facilities.Referring to the legislation of the foreign state compensation.the public facility setter or operator could be identified as the organ of compensation.and mainly compensate the actual loss.