公有公共设施是指因公共利益的目的,被行政机关设置、管理的所有人工物、自然物以及曾施以人工的自然加工物。公有公共设施瑕疵致害的国家赔偿应具备如下构成要件:须为公有公共设施,而非公共营造物、公物等;公有公共设施的设置或管理必须自身存在瑕疵,即排除第三人过错;存在的瑕疵必须损害了公民的合法权益;公民合法权益的损害须与公有公共设施设置或管理的欠缺存在相当的因果关系。 Public facilities refer to all the artifacts, natural objects and artifacts that have been set up and managed by the administrative authorities for public interest purposes. State compensation for damage caused by flaws in public facilities should include the following elements: Public facilities, not public structures, public properties, etc. Public facilities must be set up or managed to be flawed by themselves, to exclude fault from third parties; The flaws must damage the legitimate rights and interests of citizens; the damage of the legitimate rights and interests of citizens must have a causal relationship with the lack of public facilities establishment or management.