The Study On The National Compensation Responsibility Of Public Facilities Damage

In recent years, the public facilities of government buildingfrequently happen incidents of damage, for example:"7.23" Wenzhoubullet trains rear-end accidents, City Expressway Bridge fracture andcollapse, to the life and health of citizen, property safety risk and realdamage. Construction and consummation in these events the efficient losscompensation and responsibility mechanism, is not only related to theeffective protection of legitimate rights and interests of victims, butalso directly affect the events timely and properly handled. It isimportant to quickly quell social contradictions and disputes, safeguardthe normal social order. Our " State Compensation Law " has been onadministrative compensation scope of compensation, the compensationclaimant and the organ liable for compensation, compensation proceduressuch as expressly provided, but on the state compensation liabilitylegislation in general only national damage caused by public facilities,does not include the National Compensation Responsibility of PublicFacilities Damage. Therefore, the current practice involving publicfacilities damage compensation is not incorporated into the category ofstate compensation, judicial organs to handle these cases, the general will follow the traditional ways of civil relief to processing, whichfinds there is fault or defect, as management side of the relevantenterprises and institutions responsible for the victim’s civilcompensation the government, without the need to bear the responsibilityof national compensation. But from the point of practice, such treatmentis not conducive to the victims’ rights relief and security, also doesnot favor the establishment of national responsible spirit, unable totruly reflect the fair, legal basic principle. Therefore, this articlefrom the concept of public facilities, through a large number of actualcases to analyze the damage of public facilities into the scope of statecompensation necessity and feasibility, and from the substantive law andprocedural law in two aspects of public facilities damaged statecompensation liability issues into all-round consideration and research,finally put forward the suggestion on the revision of state compensationlaw. The full text is divided into five chapters:The first chapter is about the public facilities damaged by definingthe concept and practice of situation are introduced, including theconcept and characteristics of public facilities, public facilitiesdamaged elements, our country public facilities damage relief legislationpresent situation and the practice operation etc..The second chapter pointed out that this point of view, namely losscaused by public facilities shall be incorporated into the scope of statecompensation in china. This part is mainly analyzed and discussed fromthe necessity and feasibility in two aspects.The third chapter discusses the public facilities damage liabilityshoulder principle of state compensation liability. This chapter takesa comparative analysis of the demonstration method, introduces thenational compensation responsibility of general principles of imputationand public facilities damaged by the no-fault liability principle, but also on the public facilities of no-fault liability principle exemptionsare discussed.The fourth chapter is the law on the basis of the analysis to furtherdamage caused by public facilities system of national compensationprocedure construction, and points out that public facilities damagecompensation procedures, should be different from the general procedureof compensation.