The State Compensation For The Damage Caused By State-owned Public Facilities Of Our Country

With the pace of the construction of service-oriented government is speeding up,the proportion of administrative supply occupies an increasingly important position in administrative activities,state-owned public facilities as the country to provide citizens with important material conditions of social welfare,is to achieve the goal of administrative subject necessary material means.China's state-owned public facilities in the expansion at the same time,due to its own defects in the setting and management of citizens to bring personal and property damage events also increased,and the current situation of China's legal system is to state the damage caused by the public facilities are still civil legal norms,so can the maximum extent protect the legitimate rights and interests of the injured citizens.In this paper,through the investigation of the relevant laws and regulations of other countries,analysis of China's current public facilities damage compensation cases,the idea of China's state-owned public facilities into the scope of national compensation.This article mainly from the state-owned public facilities and the definition of related concepts,analysis of foreign domain damage caused by public facilities compensation legislation and practice,China's state-owned public facilities damages caused by the status quo,China's state-owned damage caused by public facilities into the state compensation system of the several Research area.The first part introduces the main body of this paper,research review at home and abroad,research purpose and significance,research statuscontent and methods.The second part introduces the concept of state-owned public facilities,the classification of state-owned public facilities,and the analysis of state-owned public facilities and related concepts.The third part introduces the legislation and practice of the compensation for damages caused by the public facilities in continental law system countries and common law countries.The fourth part analyzes the judicial practice of the compensation for the damage caused by the state owned public facilities in our country,and then analyzes the relevant legislation.The fifth part puts forward the state-owned public facilities in our country into the construction of the national compensation system,firstly explains the harm into the feasibility and necessity of the national compensation caused by national public facilities,and then put forward the expansion of state-owned public facilities into the scope of state compensation,principle of imputation,constitutive requirements,finally puts forward two related system is the administrative compensation system and insurance system.The viewpoint of this paper is that the damage caused by public facilities should be included in the scope of state compensation.