A Study Of State Compensation For Public Facility Infringement

This thesis analyzes the legal nature of and the remedy of public facility infringement and calls on the State Compensation Law to contain the compensation caused by public facility infringement through the theoretical demonstration of the national compensation responsibility for the public facility infringement and the explanation of the connotation and the denotation of the public facility infringement.According to the regulations of the State Compensation Law in China, it excludes the compensation of the public facility infringement, but relevant regulations in Civil Law should be applied to that sort of compensation. However, this regulation is inappropriate with the social development. On the basis of analyzing the components of the public facility infringement, referring to foreign law making and correctly understand the state compensation responsibility, this thesis faces up to some problems in the responsibilities for the public facility infringement and puts forward several views and suggestions.With the advancement of the construction of a service-oriented government and urbanization, the number of public facilities is dramatically increasing. Inevitably, there are more lawsuits of public facility infringement, which becomes a tough problem for the government and the judicial departments. Reasons are as follows: firstly it’s difficult to decide whether the compensation responsibility for public facility infringement belongs to the range of civil compensation or that of state compensation; secondly, it’s hard to deal with it, because the applicable Civil Law and Tort Liability Law have no certain regulation of the subject, range, and liability fixation of compensation. We should reflect on the disadvantages of the present laws, learn from the international common lawmaking and integrate the compensation of public facility infringement into the range of state compensation. Moreover, the more service-oriented administration instead of the right-oriented one can perfect the liability fixation, excuse for non-responsibility, compulsory subject, procedure, range of the compensation.