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随着我国行政从权力行政转向服务行政,国家有义务为公民提供公有公共设施,公民也有权利利用公有公共设施。近年来公有公共设施致害的事件时有发生,如四川广汉石亭江铁路大桥垮塌,哈尔滨阳明滩桥断裂等,这些事件的发生无一不在触痛公众的神经。然而,我国对公有公共设施致害的赔偿仅限于民事赔偿,存在诸多缺陷。因此,将公有公共设施致害纳入国家赔偿具有必要性。本文将在分析我国公有公共设施致害赔偿现有法律规定的基础上,分析其纳入国家赔偿的必要性及可能性。
With the shift of administration from power administration to service administration in our country, the state has an obligation to provide citizens with public facilities and citizens have the right to use public facilities. In recent years, public utilities have caused the incident to occur from time to time, such as Sichuan Guanghan Shitengjiang Railway Bridge collapse, Harbin Yangming Beach Bridge fault, all these incidents are tender to the public’s nerves. However, the compensation for the damage to public facilities in our country is limited to civil compensation, which has many defects. Therefore, it is necessary to include public facilities into public compensation. Based on the analysis of the existing legal provisions on compensation for the damage caused by public facilities in our country, this article analyzes the necessity and possibility of its inclusion in state compensation.