On The Construction And Perfection Of The Legal System Of National Compensation For Damages Caused By Public Facilities In Our Country

China is in an important period of government transformation,and building a service-oriented government is a new requirement of The Times.Public facilities are designed to serve the public,and the government plays an increasingly important role in its management.As early as in 1994,China promulgated the law on state compensation.At that time,out of consideration of the state financial situation,the damage caused by public facilities was not included in the scope of state compensation.In judicial practice,civil law rules have always been applied to solve such disputes.With the increase of government service and the frequent occurrence of public facilities injury,there are many deficiencies in the application of civil procedure to deal with such cases.Starting from the definition of relevant concepts,this paper analyzes the feasibility of incorporating public facilities into state compensation by comparing and studying the constitutive elements of public facilities and the principle of imputation,so as to put forward Suggestions on revising the state compensation law.The article is divided into four parts.The first part of the article is the definition of public facilities harm.This chapter from "public facilities","public public facilities" and "harm" three aspects,defines the concept of public public facilities harm,and will be "public building","public public facilities" and other concepts to prevent confusion.The second part of the article introduces the problems and deficiencies in the judicial practice in China.Because the state compensation law of our country does not have the stipulation about the damage compensation of public facilities,the civil procedure and relevant stipulation are generally applicable to deal with this kind of problem.This chapter starts with the defects and the nature of civil compensation for damage caused by public facilities,and explains the ways to solve the problem of damage caused by public facilities in China.The third part of the article introduces the historical development of the national compensation system for public facilities outside China and expounds the reasons why the state has changed from never assuming the liability for compensation to assuming the liability for compensation.These countries include the United Kingdom,the United States,France,Germany,Japan and China’s Taiwan region.The fourth part of the article from eight aspects on how to establish China’s public facilities caused damage to the state compensation system.Firstly,the article demonstrates the necessity of bringing public facilities into state compensation.Secondly,the existing theories and theories are sorted out to construct the theoretical basis of the state compensation system for damage caused by public facilities.Thirdly,the damage caused by public facilities is classified,and the principles of imputation and exemption of liability are clarified,including force majeure,victim fault and insufficient budget,etc.This paper also introduces the scope of compensation,standards and claims for compensation procedures,and at the end of proposed proposals for amending the law of the People’s Republic of China on state compensation.