Dissertation > Excellent graduate degree dissertation topics show

Caused by Public Facilities liability study

Author: GeHuaYin
Tutor: JinWeiFeng
School: Zhejiang University
Course: Constitutional and Administrative Law
Keywords: Public Facilities Virulence State Compensation Civil liability
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 180
Quote: 2
Read: Download Dissertation

Abstract

With the gradual development of China's economy, social progress, the Government stressed that while the times, functions are rapidly changing, the management government gradually over the service-oriented government. \However, with the Chinese government to strengthen public service administrative functions, there Caused by Public Facilities compensation cases is inevitable, and there is a growing trend. Whether it be academics or practitioners Caused by Public Facilities compensation for Qualitative has been controversial, is to be classified as civil compensation or state compensation is also controversial. This paper argues that Caused by Public Facilities compensation in the nature of State responsibility, should be included within the scope of state compensation, and further put forward the related legislative proposals. The first part of the main research areas defined in this article, through the public, public facilities, respectively, explain the meaning of which summed up the definition of Public Utilities, and then on this basis, in turn create a publicly owned public facilities and public property, public service facilities , municipal infrastructure, a comparative analysis of public property in order to gain a deeper understanding and elaboration of the meaning of Public Utilities. Meanwhile, Youyi different standards of practice for public utilities were systematically classified to compare. The second part of the article first describes the theoretical basis for state compensation, liability theory that the state is negated to the relative certainty from then fully affirmed the evolution process, and then an overview of the relevant existing Caused by Public Facilities compensation law, mainly concentrated in the \. Therefore, the author of our current compensation Caused by Public Facilities relevant provisions of reflection through from the causes of the compensation body, the scope of compensation, the compensation program, compensation costs five aspects to sort out the source of civil liability and compensation for different countries place, then put forward no compensation will be Caused by Public Facilities include the limitations as well as the State Compensation Caused by Public Facilities compensation into national compensation rationality and feasibility. The third part of the article discusses the Public Facilities Liability for Damage Caused by the principles and exemptions, in through the fault principle, the principle of no-fault policy and illegal on the basis of comparative analysis, I quite agree Professor Gao Jiawei's \Responsibility said, \Finally a more detailed analysis of the elaborated Caused by Public Facilities Elements of compensation, that thing must be a virulence of Public Utilities, the Public Utilities to set up and manage flawed, resulting in the use of the person or property damage and settings management flaws causal link between the injury four elements. The fourth part of the article describes and analyzes the previous text on the basis of public facilities set up by the public management of the main classification, if proposed by the state, local government or state administrative organs and institutions of the public administration cause damage to public facilities, the State should be held liability; if made by a public or private enterprise managed by public bodies cause damage to public facilities by public or private organizations own corporate civil liability; addition, if a special law to regulate public utilities that compensation Caused by special law required. However, in exceptional circumstances, it should be noted that people distinguish between use of public facilities for public use direct and indirect use, and when the civil liability of the business community can not afford the huge compensation when the national follow-up compensation obligations. In the last article, the author also proposed a compensation of damage caused by Public Facilities specific legislative proposals, and to prepare the State Compensation Law Caused by Public Facilities specific legal provisions for compensation for reference.

Caused by Public Facilities liability study

Abstract

Related Dissertations