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我国目前尚没有关于公共设施致害赔偿的专门立法,但是公共设施致害案件国家赔偿已初露端倪。而我国台湾地区1981年《国家赔偿法》第3条规定:“公有公共设施因设置或管理有欠缺,致人民生命、身体或财产受损害者,国家应负损害赔偿责任。前项情形,就损害原因有应负责任之人时,赔偿义务机关对之有求偿权”。台湾地区关于公共设施致害国家赔偿的学说、立法、判例较为发达,对我们进行深入研究公共设施致害国家赔偿问题有着较大的借鉴意义。
At present, China does not yet have any special legislation on compensation for damage caused by public facilities, but state compensation for the damage caused by public facilities has begun to take shape. However, Article 3 of Taiwan’s State Compensation Law of 1981 stipulates that: “The state shall bear the responsibility for damages if public facilities are damaged due to lack of facilities or management and cause damage to people’s lives, bodies or property.” In the preceding case, When there is a person responsible for the damage, the compensation authority shall have the right to compensation ". The doctrine, legislation and jurisprudence in Taiwan of the State Compensation for Damage Caused by Public Facilities have been more developed, which is of great reference for us to conduct an in-depth study on the compensation of countries damaged by public facilities.