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公有公共设施致害的国家赔偿问题既是一个有待深化的理论命题,也是困扰着行政机关和司法机关的一个现实问题。本文从公有公共设施的概念界定出发,反思我国当前关于公有公共设施致害赔偿问题的理论及制度,建议通过完善《国家赔偿法》的方式将公共设施侵权损害纳入国家赔偿责任范围。
The issue of state compensation for the damage caused by public facilities is not only a theoretical issue to be deepened, but also a real problem plaguing the executive authorities and the judiciary. Based on the definition of public utilities, this paper reviews the current theory and system of compensation for public facilities in our country, and suggests that the infringement damage of public facilities should be included in the scope of national liability compensation by improving the State Compensation Law.