China’s Highways Road Property Damage Civil Compensation Issues

Road is constantly with the progress of human civilization and development,30years after China’s reform and opening up, the road construction is rapid, increasing mileage, continuously improve the quality of the structure of the road network is constantly reasonable transport capacity increasing. The road made a great contribution to China’s economic and social development, contact the social bond is an important support of the economic construction. But the production of highway shoulder such a heavy responsibility in the people’s indifference to repeated victimization, causing incalculable damage. This requires us to increase the concern for protection of the highway.Tort liability theory as an analytical tool to analyze highway capacity has been the cause of the damage, the situation of the road property damage Liability Principle and the standard LO production damages, damage to civil compensation for road capacity problems in a number of countermeasures. This conclusion is why the road was so severely damaged, In this paper, three analytical approaches to demonstrate the economic benefits theory, and come to the highway capacity damage fundamentally from a traditional agricultural society to modern economic and social transition caused. Next, this article by a specific case and the case of damage to highway production, analysis of the principle of imputation against the production behavior of the highway. This article focuses on analysis of the road property damage identification of civil compensation body, the principles of civil compensation and damages standard to define and civil compensation feasibility study. LO production damage the main body of the civil compensation confirmation analysis for several typical situations that undermine the highway capacity analysis; road property damage civil compensation principles, the paper analyzes the public interest, full compensation, limited compensation, punishment compensation and to consider the parties to the economic situation a few; This paper discusses the current knowledge and standard-setting compensation standards described in the definition of damages standard, and damages standards, for example production in Anhui Expressway discourse; last civil compensation feasibility analysis, this paper mainly discuss the main aspects of compensation for collection of fees from civil claims.Through these analyzes, we found that there are a lot of the problems of highway capacity to protect, highlighted the serious problem of damage, attributable to unclear understanding of the existence of errors, the compensation subject and claims the main, the standard of compensation is around unity and civil compensation feasibility encountered a series of questions to a large extent with the national awareness deviation political system lags behind the highway laws and regulations related to the unsound, which are fundamentally caused by economic benefits.Some problems in producing damage in the highway, I think the first thing is to speed up political reform, to strengthen the execution of the law, while strengthening the protection of road production of publicity and education, especially to increase efforts to crack down on the destruction of road capacity to encourage the whole society to protect road capacity, in order to gradually change the current road repair not bad "status quo. In addition, also regulate the way production damages the standards and procedures to enhance the population’s awareness of the rule of law, reduce administrative intervention to maximize the road of public service properties.