A Study On State Compensation For The Damage Caused By Public Facilities Which Operated Under Public-Private Partnership

The PPP model with its significant advantages in financing channels wide,asset utilization is high,the government's public service and management significantly improve the quality of the widely used in the construction of public facilities in our country,operation and management etc.Due to the defects of public facilities construction,operation or management and other aspects of the damage caused by the case in recent years often found in newspapers.However,the reports are mostly limited to the accident itself,but rarely involved after the accident responsibility and compensation.At present in our country,regardless of the normative point of view,or from the perspective of law,China's public facilities under public-private partnership mode are only controlled by the civil law,will lead to national responsibility to escape,is not conducive to the protection of civil rights.Therefore,the introduction of state compensation into the mode of public-private partnerships has become a hot topic among many scholars.The introduction of state compensation under the public-private cooperation mode is not a new formulation.Public facilities in PPP mode caused by public facilities damages and damages caused by the traditional sense of the existence of a large degree of coincidence in the scope of compensation,the principle of state compensation for damage caused by public facilities including principle of PPP mode of state compensation for damage caused by the public facilities.However,entirely compensated by state compensation also with a dilemma.In view of the nature of the establishment and management of public facilities,the nature of the state's authority is not different from the set-up and the manager,and the public-private partnership model forms the legal relationship between the Public and the private sector and the public facilities'users.Mode of public facilities should be combined with civil compensation and state compensation,the state compensation is widely present in the administrative commission of public-private cooperation,administrative licensing business in the state liability will be subject to strict restrictions.And other public and private mode of cooperation'damage should be specific analysis.After the State has been liable for compensation,it should be recovered from the wrong private sector.