Research On The Relief Method And Principle Of Liability For Damages Caused By Public Facilities

In recent years,with the improvement of the government’s ability to perform its duties,the scope of government service management is also expanding.The continuous improvement of public facilities is also one of the concrete manifestations of the current service-oriented government.However,in the process of constantly promoting the improvement of public facilities,the infringement cases caused by public facilities occur frequently.Despite the current our country has passed laws related to damage has been clear about the object of tort liability,the victim can be through the relevant way to seek tort liability for damages,but compared with the civil tort liability the items specified in the tort liability,damage caused by the public utilities has its own particularity and complexity,in order to better protect the legitimate rights and interests of the victim,the damage caused by the public utilities regulation should be on the agenda as early as possible.At present,the problem of compensation for damage caused by public facilities in China mainly focuses on the identification of the legal nature of such cases.The theoretical and practical circles seldom discuss the relief mode and the principle of imputation in the case of compensation for damage caused by public facilities.However,as is known to all,the legal nature of a case also determines the ultimate remedy method and imputation principle applicable to such cases.Therefore,to discuss the remedy method and the principle of imputability in the case of damages caused by public facilities cannot be separated from the discussion of the legal nature of such cases.At present,the cases of damages caused by public facilities in China are usually identified as cases of civil tort.However,there are two problems in identifying such cases as cases of civil tort.First,there are plurality of subjects in the setting or management of public facilities.At present,the following situations exist in the establishment or management of public facilities in China: One is set by the government or management,the other is by state-owned enterprises and institutions set up or management,3 it is the private subject and social organizations set up by the relevant administrative agreement or the management of public facilities,the above three situations if their infringement damage caused by the setting or management of the public facilities exist after both sides unequal legal status of administrative legal relationship,and that the legal nature of a case and focus on the legal relationship of this kind of case analysis,at this point in the judicial practice if simple nature will agree that the case for tort cases,Then do not exclude the judicial practice of such cases in the legal relationship in the identification of the existence of improper analysis and the resulting protection of public rights and interests and other problems;Problem two,simply regard such cases as civil tort cases,and in essence ignore the nature of the injuring tort in the case and the use of civil tort relief brought by the principle of imputation and other issues.All the above questions are extracted from the real cases selected in this paper.Based on this,this paper will demonstrate the focus issues in the cases.This paper is divided into the following parts:The first part,introduction.First of all,this part briefly describes the research background of this kind of case,followed by a brief description of the status quo of this kind of problem at home and abroad,and finally a brief description of the research significance and research methods of this paper.The second part,the introduction of the case.This part with three Han Mou infringement case as an example,the damage caused by the public utilities respectively summarized the basic case and the judgment of court case reason,at the end of the paper is based on the above three cases extracted in this paper,the need to focus on three controversial issues,namely,respectively,the case of public compensation for damage caused by the public facilities to how the legal nature of cases on compensation for damage caused by the public facilities,public should adopt what kind of damage caused by the relief way and the public public facilities compensation cases should take what kind of imputation principle.The third part,legal analysis.Based on the above three cases,this part conducts legal analysis on the three controversial issues extracted in this paper through literature research,data analysis and comparative method research.Firstly,from the basic connotation of public facilities,this paper analyzes the connotation and characteristics of public facilities.Secondly,it analyzes the legal nature of the damages caused by the public facilities,including the damages caused by the public facilities,the legal relations and the legal nature.Again around the public facilities caused by the relief of the analysis,which part of the creative combination of data analysis of China’s public facilities caused by the relief of the case status quo;Finally,the imputation principle of compensation for damage caused by public facilities in China is analyzed by combining relevant literature and comparative law.The fourth part is the conclusion and enlightenment of the case study.This part according to the legal analysis what is said is the main focus of the problem,this paper research conclusion,respectively is public liability for damage caused by public facilities should be defined as damage caused by the state compensation liability,public utilities should adopt administrative compensation litigation relief way and the public damages recoverable damage caused by the public facilities relative no-fault imputation principle of path.At the same time,in view of the existing problems related to the harm caused by public facilities,some suggestions are put forward,such as clearly distinguishing the damage compensation caused by public facilities,perfecting the standard of judging the defects or defects in the installation or management of public facilities,and perfecting the national recourse system for the harm caused by public facilities.