公共道路妨碍通行物损害责任探析-法律专业论文.docx

2 2 损害责任的归责原则一直存在“一元论”和“二元论”的争论，对这两类观点的 理由进行分类归纳，着重论述“两元论”的合理性，并在论证道路管理者承担过 错推定责任的基础上，从司法实践角度提出道路管理者维护义务的审查标准。 第五部分，在前几部分论证的基础上，探讨了道路管理者承担的损害赔偿责 任应该是归入国家赔偿还是民事赔偿的问题。一直以来，对于道路管理者承担的 管理瑕疵责任的性质认定存在争议，该部分分别从民事责任和国家赔偿责任角度 进行论述，得出国家承担道路管理瑕疵责任的可行性。 关键词：公共道路；责任主体；归责原则；国家赔偿 I I Abstract With the rapid development of our countrys public transport business ,the construction of a large number of various types of public roads built. Given the increasing cases of obstruction of public traffic, In our country, the tort liability law article eighty-nine Chinas tort liability law the eighty-ninth includes the responsibility for obstruction of public traffic as a new type of tort liability form. But in view of the subject and the principle of the responsibility, controversy has been exist. In the judicial practice, the court for road maintenance obligations of administrators has no unified standard. Thus the cognizance of case result has been very different and the effect of the applicable law has been affected. It is unfavorable to build road management system of clear responsibility in our country. This paper mainly discusses the subject and the principle of the responsibility for obstruction of public traffic and the judgment standard of administrators road maintenance obligations. This paper is mainly divided into the following several parts: The first part mainly leads to common problems through three typical cases on P. One is how to determine the subject of the responsibility for obstruction of public traffic. Especially in the face of different types of road managements, how to accurately identified road managers; The second is the courts judgment of whether road managers do enough. The third is the responsibility of the relationship between the main responsibility and what principle should be applied. The second part is mainly about the scope of public road. Because the first part of the cases are related to obstruction of public traffic. To explore the responsibility for ob