我国公有公共设施致害赔偿问题研究——以行政公产为视角

Research on Compensation for Damages of Our Public Facilities

公有公共设施是行政公产的重要组成部分,在大陆法系国家一般由国家赔偿法对其致害的情况进行调整,我国并未将公有公共设施致害纳入国家赔偿的范围,只是将其中一部分作为民事侵权案件来处理,这样做致使大部分公有公共设施致害赔偿案件无法可依,也不符合对受害人权益的保护和我国公共行政的发展,考虑到公有公共设施的行政公产属性,需要将公有公共设施的致害纳入国家赔偿法范围。

Public facilities is an important part of administrative public property, and the civil law countries often adjust it according to the state compensation law. However, our country has not include the damage of public facilities into the state compensation law, some of them were delt with as civil cases, which made most of them have no law to refer, and were not in accordance with the development of our public administration. Considering the attribute of the administrative public property, we are expected to bring the damage of public facilities into the state compensation law.