Research On State Liability For Damage Caused By Urban Infighting

In recent years, frequent waterlogging events in our country caused serious influence on people's production, life, personal and property security, through the analysis of many scholars of our country urban waterlogging situation, it is concluded that urban drainage pipe network and other municipal infrastructure construction and maintenance of flaw is the important cause of urban waterlogging event.Under this background, to conduct the thorough research to the urban water logging events in China. Introduction through the different qualitative analysis in the practice of urban waterlogging events and different ways of processing is pointed out that the urban waterlogging accountability system is not sound.The first chapter through the research on the theory of social contract theory and responsible government, on the basis of the theory of legal liability form analysis both on the basis of legal theory and legal provisions, the government should be in the event of an urban waterlogging assume liability to pay compensation to the victims.The first chapter through the research on the theory of social contract theory and responsible government, on the basis of the theory of legal liability form, the state compensation liability theory analysis both on the basis of legal theory and legal provisions, the government should be in the event of damage caused by the urban waterlogging assume liability to pay compensation to the victims.The second chapter, by analyzing the urban waterlogging prevention responsibility of our government laws and regulations and the state compensation law system, analyzes the causes of urban waterlogging event victims unable to through the national compensation law legal responsibility shall be investigated for relevant government reasons, and find out the damage caused by the urban waterlogging event shall bear the liability for compensation of the legal barriers in the country.The third chapter analyzes the foreign about urban waterlogging prevention and control of the government responsibility in the law and the relevant provisions of the state compensation law, find out beneficial to our country law perfected in foreign related legal regulations, for the perfection of relevant laws in China has played a reference. Based on the reference to the relevant law abroad and combined withChina's national conditions, it is concluded that China should establish a complete legal system to ensure government urban waterlogging prevention obligations in accordance with the law and shall bear corresponding compensation liabilities, such as raising rates, the administrative organs of the relevant laws and regulations of the relevant obligations, specific and clear the administrative organ shall bear relevant legal consequences, formulate special laws and regulations to make the government's obligation to perform more clear, shall be investigated for responsibility of the government more convenient; And improve the system of state compensation law: the damage caused by the public utilities should be brought into the scope of state compensation, clear no-fault imputation principle, deterministic indirect damages should be brought into the state compensation law, to overcome the damage caused by the urban waterlogging event obstacles exist state compensation liability in our country, the protection of the victims of the damage caused by the urban waterlogging events' legitimate rights and interests.