The Harm Caused By Public Facilities Is Included In The Study Of National Compensation

Nowadays,in the world many advanced countries have already incorporated public facilities into the adjustment category of state compensation,and made explicit provisions in relevant laws.However,China’s national compensation system starts relatively later and covers a wide range,and the inclusion of it in state compensation will greatly increase the economic burden of the country.Therefore,use plenty of civil law,tort liability law and other adjustments,but not included in the state compensation category.In recent years,with the increase of public facilities,people’s awareness of human rights protection has improved significantly,as the number of such cases has soared,the case has become increasingly complicated.In the process of case trial,it has highlighted many defects and deficiencies by simply adopting civil law to deal with such cases.Therefore,to deal with the public facilities damage case review,from the principles of imputation,relief way in many ways,such as new exploration,seek a new way to ensure the protection of rights and interests of victims.In this paper,the problems of public facilities caused by public facilities are divided into five parts.To begin with,it is the outlined,clearly defines the total of the basic concept of public facilities,and to our country at present the relevant public cause damage caused by the public facilities compensation regulations applicable has carried on the detailed analysis.Furthermore,the public facilities into the scope of state compensation of damage caused by the theory of verification,according to the actual situation to find that the key problems of the form is in accordance with the civil law to provisions of state ownership as a people,this results in the unreasonable situation of the management compensation liability,the principle of accountability is very detrimental to the protection of the victim’s interests,The public utilities that are now being implemented do not include all public utilities,there is also an unreasonable situation in the main body of compensation system.In addition,we will review the system of external compensation from the perspective of comparative law,and summarize this experience,and standing in the substantive law and procedural law and form a complete set of system to improve the public facilities into the national compensation for damage caused by the point of view,specific as follows: At first from the perspective of substantive law,it is necessary to clarify the principle of state compensation for public facilities.Secondly,it is necessary to determine the parties to state compensation for public facilities.Thirdly,from the perspective of procedural law,it is necessary to determine the compensation of public facilities in the way of relief.In addition,we need to improve the rights relief and create a reasonable compensation procedure for public facilities.From the point of view of supporting system,it is necessary to perfect the administrative compensation and fully adopt the commercial insurance system,Improving the state compensation system from the above aspects.