Constitution of State Liability for Damages Caused by Public Structure——A Research Based on State Redress Act of Japan
At present,the Civil Code serves as the main basis for handling cases of damage caused by public structure in China,and it is still a subject for debate that whether we need to incorporate these cases into the State Compensation Law.Japan,as a representative country which sets state liability for damages caused by public structure in State Redress Act,has formed the concept and custom of comprehensive consideration and specific analysis by gradually introducing the examination of the subjective fault of the compensation authority as well as the external conditions,while insisting on the principle of no-fault liability as the basis of the relevant cases in its substantive circles.Incorporating the issue of harm caused by public structure into the State Compensation Law is more self-consistent in terms of the philosophy of right,and its composition,with the principle of no-fault liability as the principle of attribution of responsibility and the State treasury as the source of funding,is also more conducive to alleviating the burden of litigation on citizens and protecting their rights and interests.
damages caused by public structureState Compensation Lawextraterritorial legislation