Research On State Liability For Harm Caused By Public Facilities In China

Our government is in the important period of transformation.In recent years,the scope of government service management has been expanding.The construction and management of public facilities is one of the concrete manifestations of service-oriented goverment serving the public.However,with the continuous improvement of public facilities construction,infringement cases have become increasingly frequent due to defects in installation or management.At present,in the current legal norms in our country,The Tort Liability Part of the Civil Code stipulates the tort liability liability for harm caused by buildings,structures and physical facilities.The State Compensation Law adopts a parallel model of conduct and rights,and does not yet include harm caused by publicly owned public services in the scope of state compensation.The case of compensation for damages caused by public facilities is usually regarded as a civil tort case,The tort liability for damage caused by objects is defined in the civil cod,but the harm caused by public facilities has its own complex and special characteristics.There are many shortcomings in continuing to apply civil compensation.Therefore,the regulation of compensation for damage caused by publicly owned public facilities should be put on the agenda to better protect the legitimate rights and interests of the public.In China,there is no clear definition of the connotation and extension of harm caused by public public facilities,and the existing theory is also evolved from relevant concepts in countries and regions outside the region.Clarifying the liability for harm caused by public public facilities requires clearly defining and dividing the conceptual connotation of harm caused by public public facilities,and exploring possible legislative grounds for compensation for public public facilities through the existing legislative system.An in-depth analysis of the current situation of theory and judicial practice of compensation for harm caused by public facilities in China is found,China’s current provisions on compensation for damage to publicly owned public facilities are excluded from the scope of application of the State Compensation Law in civil norms and special laws.Through the search of judgment documents network,typical judicial precedents are selected,different courts have chosen to apply different legal norms to the facts of cases of the same nature,resulting in different judgment results.It shows that China’s current practical field does not provide sufficient remedies for compensation for damage caused by public public facilities,the compensation standards are different,and the legitimate rights and interests of victims have not been effectively and comprehensively protected.Based on the theory of fair burden and the legal analysis of the nature of harmful acts caused by public public facilities,the legitimacy and possibility of including compensation for harm caused by public public facilities in China into state compensation are proved by the theory.Compensation for losses caused by publicly owned public facilities should define state responsibility,and the choice of specific compensation paths faces careful exploration.Establish the subject of liability according to the different subjects of publicly owned public facilities,The application of the principle of no-fault attribution does not presuppose that the entity responsible for the facility is at fault in the installation or management,and as long as there are actual damage consequences,the infringing entity shall bear the liability for damages.Comply with administrative litigation compensation procedures,and at the same time improve the remedy path through recovery and commercial insurance systems.