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公有公共设施致害的国家赔偿责任仍是我国法律领域的一块空白,我国尚没有关于公有公共设施致害国家赔偿的专门立法,司法实践中也只是以民事实体法作为裁决相关案件的依据。但对于公有公共设施在设置、管理方面存在瑕疵,致使相对人的人身或财产受到损失适应民法的相关规定既不利于促进政府依法行政,也不利于保护受害者的合法权益。应将公有公共设施致害赔偿纳入国家赔偿范围,这不仅符合实践发展的需要,也是各国的立法通例。
The state liability for damage caused by public facilities is still a blanket in the field of law in our country. There is no specific legislation on public compensation caused by public facilities in our country. Judicial practice only bases on civil substantive law as the basis for adjudication of cases. However, there are flaws in the setting and management of public facilities, which results in the loss of relatives’ personal or property to adapt to the relevant provisions of the civil law, which is not conducive to promoting the administration by the government according to law and protecting the legitimate rights and interests of the victims. Compensation for damage caused by public utilities should be included in the scope of state compensation, which is not only in line with the needs of practical development but also the general legislative practice in various countries.