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Study on the State Compensation of the Damages Inflicted by Public Utilities

Author: YangYaPing
Tutor: ZhouYouYong
School: Wuhan University
Course: Constitutional and Administrative Law
Keywords: Public Facilities. State Compensation Administrative law
CLC: D912.1
Type: Master's thesis
Year: 2005
Downloads: 318
Quote: 3
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Abstract


Damage of Public Facilities, State liability study was the subject of a theory and practice are of great significance, of academia research on this topic but few and far between. Especially in recent years, with the enhancement of the public service functions of our government, there have been a lot due to the public facilities caused compensation cases, the nature of civil compensation, executive compensation has been difficult to determine, caused widespread controversy in the academic community . In this paper, the nature of Damage of Public Facilities compensation, executive compensation should be included in the point of view of the scope of state compensation from its focus on the theoretical basis for the study, and put forward feasible suggestions. The paper uses the analysis, comparison and empirical methods, several basic issues into national liability Damage of Public Facilities studied about 40,000 words, the text is divided into four parts. The first part through the analysis of the cases of two typical household who refuses to move and bargains for unreasonably, that the author's point of view: the nature of the behavior of Damage of Public Facilities is an administrative omission liability due Damage of Public Facilities behavior, should liability in accordance with the national administration is not as infringement of treatment. Subsequently, the article introduces the concept of China's current Caused by Public Facilities liability legislation status and Damage of Public Facilities included in the State liability. Damage of Public Facilities included in the necessity of national liability the second part of the article discusses the three aspects, the first analysis of the Damage of Public Facilities as a lack of civil liability on the stage of public facilities into national liability basis in reality and institutional basis. The third part of the article introduced a variety of Damage of Public Facilities theoretical basis of State liability doctrine, discussed Damage of Public Facilities national liability theory based on the theory of public service to the relationship between the people and the country as a logical basis points. Then, the author describes the principles of China's State Compensation Liability several theories, that the principle of attribution of Damage of Public Facilities should be taken illegal principle of liability. The last part of the elaborate public public facilities the State Indemnity Liability four constituent elements are: must be the damage caused by the public facilities; setting or the management of the Public Facilities shall lack; shall be citizens of the personal property rights are being infringed; causal relationship between shall be provided or managed by the lack of citizens' personal or interest in property damage.

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