Research On Compensation Of Tort Damages Of Administrative Facts In China

In recent years,China has accelerated the pace of the transformation of government functions.With the rapid rise of payment administration and service administration,administrative organs need to constantly change government functions and innovate administrative methods to provide various services to citizens.At this time,the traditional administrative legal acts are overstretched.And the administrative factual acts beyond legitimate authority as an extension of active participation in social governance,is very necessary.Administrative factual acts have become an important measure for administrative organs to achieve certain administrative target.But the administrative factual acts are various and lack of relevant laws to regulate them,there are more and more damages to citizens’ life and health and property safety in the process of administrative organs’ resumption.At present,China has not formed the legal term to the administrative factual acts in the legislation.In the theoretical circle,these acts belong to the administrative fact behavior,such as the setting up or management of public facilities,government guidance,disclosure of government information and infringement of violence.However,this situation does not affect the academic research on the system of damage compensation for administrative factual acts.The purpose of this paper is to explore the defects of our country’s laws and regulations in this field from the perspective of theory and practice,and to solve the problem that legal rights and interests of citizens are infringed and can not be compensated from the administrative factual acts.The administrative factual act first appeared in Germany,once it appeared,it was not a certain kind or a certain kind of behavior can be included,so there are many controversies about its connotation and extension.It is impossible to sum up and analyze all administrative factual acts in this paper,so the author explains the damages compensation caused by administrative factual acts through point-by-point analysis from the perspective of the compensation of administrative organs due to the setting up of public facilities and the lack of management in State Compensation Law.In our judicial practice,damage compensation of public facilities is still applicable to the General Principles of Civil Law and Tort Liability Law in the field of private law andremedies by civil procedure.However,in the context of the administrative organ as the steward of social life,public power is constantly infiltrating into the private sphere,and it is impossible to deal with all kinds of compensation problems caused by the administrative factual acts in the way of applying civil remedy purely,such as caused by public facilities,which must be included in the scope of state compensation.It protects the rights and interests of citizens who have suffered various kinds of infringement,and the corresponding government administration can also obtain proper governance.This paper analyzes the typical cases such as compensation for the breakdown of tap water in Guangzhou combining the research results domestics and overseas in this field and judicial practice.This paper probes into the relevant compensation problems when the domestic administrative factual acts cause all kinds of tort damages.The author put forward some strategic suggestions in four aspects: clearly defining the subject and concept of violation,expanding the scope of state compensation,improving the way of state compensation and constructing the system of safeguard of damages compensation.