Research On China 's Nuclear Security Legislation

The event of the Fukushima nuclear accident triggered the world’s anti-nuclear movement, which also forced the civil use of nuclear energy fall to the bottom. However, facing the energy security and environmental pressures, population expanding and economic development, nuclear energy is the only viable way to help countries get through the dilemma. As the result of that, nuclear power industry still grows up speedy. China’s nuclear power development always stays stable. The30-years accumulation brought us heaps of mature technology and management experience. China’s nuclear power industry will enter a boom in the future. Unfortunately, the legislation for nuclear energy use is at predicament in China. Low legal hierarchy, legal gaps, the conflict of law, and the absence of Atomic Energy Act after27years discussion, not only affects the promotion of nuclear technology, but also buried risks for the nuclear safety. Therefore, the study of nuclear safety legislation is imminent.At the introduction, I summarized the definitions of nuclear safety, clarified nuclear safety is to protect human beings and the environment from ionizing radiation damage. Also, the differentiations and similarities between nuclear safety, nuclear security and nuclear safeguards has been analyzed. I also studied nuclear safety of the modern industrial system, the nature of the crisis. And by the determination of the extension of nuclear safety, nuclear safety legislation preliminary adjustment range has been studied at surface.The first chapter is a discussion of nuclear safety legislation. For nuclear safety legislation, as the safety management standards of high-tech industry, comes across the natural sciences, environmental economics, sociology, law and many other fields, I must learn theories from each field. The principle of ionizing radiation, environmental risk prevention theory, the risk of social governance theory, law social control theory will be the foundation to expand the basic concept of nuclear safety legislation. Legislative practice will be the evidence to support the feasibility of theoretical nuclear safety legislation.The second chapter is combing the Atomic Energy Act and the Nuclear Safety Act system, analyzing the value and shortcomings of nuclear safety related conventions, interpreting the advantages and characteristics of other atomic energy law in the legal system as well as the Atomic Energy Act, nuclear safety, in other countries. Base on learning, China’s nuclear security law mode and legislative ideas have been discussed and different points of view have been posed--from the essential characteristics of the use for nuclear energy, nuclear safety basic law is more conducive than the Atomic Energy Basic Law at the contribution of nuclear energy development. Also, a nuclear safety legislative framework of the Basic Law has been built.The third chapter is the determination of the system value and the legislative intent of nuclear safety laws. Nuclear safety law legal system of values has been built through theoretical arguments on the legal ultimate value transmutation. This is the law system, which is the combination of ecological security ultimate value, order and environmental justice fundamental value, eco-efficiency as the general value. With the purpose of "protecting humans and the environment from the hazards of ionizing radiation" and of nuclear incident prevention, emergency system, and nuclear safety regulatory constructions, the legislative system has been established. The fourth chapter is about the construction of the nuclear safety regulatory institutions. Through the determination of the regulatory institutions independence and the basic concept of accountability, and the interoperation for the use of nuclear energy management system abroad, and the nuclear safety governance structure abroad, China’s nuclear safety management system and the regulatory institution placement were analyzed,and the proposals is converted.Chapter five is the comparative study of regulatory legal systems of nuclear power and remodeling. After clarifying principles of management responsibilities, defense in depth, waste minimization, the perfect path of nuclear power plant safety management system has studied. Through the analysis of diversification of authorized subject in Finland, comprehensiveness of the license conditions in Germany, and the permit system, inspection system and waste disposal system the United States, comments and suggestions on our system improvements and enhancements have been put forward The epilogue is reviewing the outcome of the paper, and directions for future research.