The Legislative Studies Of Public Compensation For Damage Caused By The Public Facilities

Due to gradual establishment and improvement of the social welfare system in our country, the public power shifts to promote the public welfare, public facilities quantity grows obviously, at the same time, the damages caused by public facilities case that means, this undoubtedly become an important factor to restrict the government service function.The current "State Compensation Law" will be shut out the damage caused by the public facilities, in practice, the traditional civil law standard as relief way, for the effective guarantee of civil rights, slightly stretched, so actual clarify public legal relief and its relevant theories of the damage caused by the public facilities is necessary.The author collected and seriously study the related the aspects of literature, using the conceptual analysis, empirical analysis, comparative analysis and other research methods, a systematic theoretical achievements of predecessors, aims to sum up the research key, a disputed point, on the basis of research oversight. From the essential facts, The author thinks that public compensation for damage caused by the public facilities is in doubtfully the responsibility of a nation and therefore shall fall within the scope of state compensation. To illustrate this conclusion, first of all, the author begins with the concept of public utilities, from the viewpoints of public, public facilities, summed up the uncertainty, publicity, nonprofitility, tangibility of the public facilities.then compared the public facilities with other similar concepts, to deepen the public with a better understanding of the connotation and extension of public facilities, lay solid foundation for full text study. Then elaborated the public compensation for damage caused by the public facilities in public utilities, public facilities setting and management of the damage caused by the flawed, the legitimate rights and interests of citizens based on loss factor. Second, the Chinese and foreign public compensation for damage caused by the public facilities pattern comparison, analyzed the differences between the two and advantages and disadvantages, absorb foreign beneficial experience, reflect on the shortcomings of the current legislation in our country, from the side of argument public national compensation law model, the feasibility of damage caused by the public facilities. On this basis, from the front elaborates the damage caused by the public facilities into national compensation has theoretical foundation and realistic condition, testified that public state compensation for damage caused by the public facilities of the implementation is a better idea. Finally, how to build the system of state compensation for damage caused by the public facilities in our country, they show their own opinions from the imputation principle, scope of compensation, the organ for compensatory obligations, the way of compensation, the damages in order to perfect the state compensation theory, promote the government administrative concept and change the pattern, ease social contradictions and help to build a harmonious society.