Study On State Compensation Liability For Damages In A Nuclear Accident

Global attention after a nuclear accident, the eyes of scholars gathered with the front control as a preventive measure, because nuclear accidents such tragic events should not happen, countries, companies and individuals are unbearable burden. For example, some scholars suggested countermeasures to review the causes of the nuclear accident, is proposed to introduce an independent Nuclear Safety Commission and coordinate public grid buyers and sellers independent system operator. Not have an independent safety regulatory body or to build a very good "safety culture", entrenched power monopoly profit-maximizing behavior certainly will not reach the plant nuclear safety to consider socially optimal. Consider the state to continue to operate or expand nuclear industry must strive to establish an independent, competent and respected safety regulatory agency, or do prepare for the nuclear power plant accident. However, after the damage has occurred, as a law man, just and reasonable compensation for the loss of the back-end problem is still how the topic of concern. The nuclear accident compensation for damages in the country is the responsibility of the sub-topic of this topic.Although the state compensation liability for damages in a nuclear accident has provisions in international and domestic law, but those provisions did vary. In this study, first of all sort out these specifications, then compare them with different, so on this basis, summed up the basic features national compensation responsibility. State government responsibility to ensure that the responsibility for the provision of basic grant is based on the victims of a nuclear accident:Then and Infringement civil compensation, state compensation, social security, state subsidies and other neighboring systems are compared to the national nature of the nuclear accident compensation liability as. In the existing system, with the most similar to the social security. Both are based on national guarantees to protect the citizens of a country have a basic decent standard of living.Although the state has the responsibility to compensate relatively accurate positioning, but that does not mean that responsibility will have legitimacy. Nuclear damages could have been a problem in the field of civil liability, but the liability of the State to intervene and take over the private body to some extent. This creates a distinctive two-stage structural damages, which the legitimacy of what? In fact, scholars have the responsibility for state compensation if necessary, in fact, is a big controversial. Supporters of social responsibility from a risk-sharing, social state and the welfare state philosophy, the rise of the regulatory state, the superiority of public compensation system justification theory of justice, such as the angle of the legitimacy of state compensation liability; while opponents from the state (government) failure, the state compensation liability responsibility uneconomical, reflect the perspective of a theory of justice, such as questioning the legitimacy of national compensation responsibility. Two reasons are about debate and logical support. However, everything has two sides, it is difficult to find the perfect system. Despite some drawbacks, the risk of social patterns in social security benefits and state forms, we need to adhere to state compensation liability, but in the system were designed to circumvent its unreasonable.This also explains the current state compensation liability system has its place can be modified. Therefore, this study refinement in terms of state compensation liability regime constituted State responsibility, as well as with other countries to fulfill the responsibility of the State Compensation Compensation Responsibility and related systems.The theme of this research-the National Compensation liability issues, in fact, the topic is a relatively small, but its objective event processing (nuclear accident) represents a typical modern risk society event-a large-scale damage events. Such an event has two basic characteristics:small probability of occurrence of the damage, but serious consequences (low probability, high damage). Therefore, this study also hoping to expand the national compensation responsibility for handling large-scale damage events generally exemplary. In fact, there is an international agreement will be tied for nuclear damage and oil pollution, such as "international oil pollution and nuclear agreement." Key issues of this plan is to be able to find a path (empirical analysis) to more transfers from private means of the extent to which public governance, and to what extent this shift is desirable, or may have a negative effect (normative questions).On a more highly theoretical sense, this study can give us some reflection and change the traditional legal theory in the new event, and we need to make for a rethinking of nuclear policy.(1) re-positioning of tort law. Damages in an accident, the tort liability law should bear the brunt of the role, but the nuclear accident damages shows the limitations of tort law, and the responsibility of States to intervene so that the compensation for damages from the private spilled into public law.(2) the relationship between the complex entanglements of tort law and regulatory administration. State compensation liability as guarantor liability, with the rise of the modern regulatory state is inseparable. However, between the administration and control of tort law has numerous intersections, and how to arrange a good relationship between the two, better play of the two functions is the need to address issues of contemporary jurisprudence.(3) the distinction between public and private law issues. Furthermore, the aforementioned legal changes are shown to distinguish between public and private law in contemporary law has been more vague, but how to retain their functional public and private law in civil law countries, is the contemporary law requires further thought.(4) reflect on nuclear energy policy. In the era of climate change and carbon reduction, seeking renewable energy and low emissions is an urgent task facing the world, and how to make better energy mix in the form of existing energy sources, is not perfect in the energy situation under the first problem to be solved. In such a structure, and nuclear energy should be in what position, and whether the country needs to give policy tilt, but also the responsibility to study a little reflection from the back to the front of the proposed plan.