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在日本、韩国与我国台湾地区,公共设施致害赔偿问题已通过立法纳入国家赔偿的范围,并且随着司法判例的发展,已形成较为完善的救济体系。我国《国家赔偿法》在制定与数次修改中未规定公共设施致害赔偿问题,在司法实务中,相关问题的救济主要依据《民法通则》《侵权责任法》等民事法律规范实现。本文通过比较日本、韩国、我国台湾地区公共设施致害赔偿问题的理论发展,结合我国相关问题的司法判例,反观公共设施致害赔偿的现状与不足。
In Japan, South Korea and Taiwan of China, the issue of compensation for damage caused by public facilities has been incorporated into the scope of state compensation. With the development of judicial precedents, a relatively complete relief system has been formed. In the course of making and several amendments, China’s “National Compensation Law” has not stipulated the compensation for the damage caused by public facilities. In judicial practice, the remedies for the related problems are mainly based on the civil laws and regulations such as “General Principles of Civil Law” and “Tort Liability Law”. By comparing the theoretical development of compensation for damage caused by public facilities in Japan, South Korea and Taiwan in China, this paper compares the status quo and deficiencies of compensation for damage caused by public facilities by combining with the judicial precedents of related issues in our country.