公物致害责任与建筑物危险责任比较研究

与物有关的侵权,根据损害结果与物的危险性之间的关系,可以分为物之侵权、物上行为侵权和单纯行为侵权三类。其中物之侵权根据公物和私物在公共使用性上的根本差异,可以区分为公物侵权和私物侵权,公物侵权构成公物致害责任,而私物侵权中不动产侵权构成建筑物危险责任。公物致害责任与建筑物危险责任既存在相似性,又存在差异性,其差异性本质...

Comparative Study on Liability for Damage Caused by Public Property and Building Dangerous Liability

According to the relationship between the damage result and the danger of the property,the infringement related to the property can be divided into three categories:the infringement of the property,the infringement of the act on the property and the infringement of the simple act.According to the fundamental difference between public property and private property in public use,property infringement can be divided into public property infringement and private property infringement.Public property infringement constitutes the liability for damage caused by public property,while real property infringement in private property infringement constitutes building dangerous liability.There are similarities and differences between the liability for damage caused by public property and building dangerous liability.The nature of the difference lies in the different legal attributes of the management right,which is the basis for determining the establishment or management defects.There are differences in the nature,source,content and enforcement of the public property management right and the private property management right.Based on the analysis of the essence of the difference of management power,the existing ways of civil tort relief cannot guarantee that the victims of the damage caused by public property can get full and effective relief.Therefore,the liability for damage caused by public property and building dangerous liability should be applied to the national compensation procedure and the civil tort procedure respectively,and be applied to the no fault and presumption of fault respectively.