| Nuclear power is one of the important means of peaceful use of nuclear energy in current human society.As one of the few countries in the world with a complete nuclear power industry system,the development of nuclear energy is the strategic direction that China has chosen to address such issues as urgent energy demand,environmental protection and energy structure improvement.As a concequence,nuclear energy industry is a strategic new industry in China currently.Since the 1950 s,China's nuclear industry has been exploring relevant issues and has been developing continuously since then.Especially since the national relevant policy of "turning the military into a civilian" after the reform and opening up in the 1980 s,its development has shifted its focus of development from a national defense to a social and economic construction.Afterwards,a series of commercial nuclear power stations,represented by Qinshan Nuclear Power Station,Daya Bay Nuclear Power Station and Hongyanhe Nuclear Power Station,began to be constructed and put into operation,making our country gradually establish a relatively complete set of nuclear energy industry system.However,meanwhile we must clearly understand that the current management and disposal of radioactive waste of nuclear energy industry is the entire nuclear energy industry in addition to the areas of nuclear facilities construction,operation,research and design,construction and installation,equipment manufacturing,technical services and personnel training,etc.It is a very crucial part in the industry and a litmus test of the level of the nuclear energy industry development.While China's nuclear energy industry continues to evolve,a corresponding series of nuclear energy applications have generated and will further gradually accumulate more radioactive waste.These radioactive wastes exist in a solid,liquid and even gaseous state and pose a great potential danger to our environment.How to manage,dispose,transport,store and dispose radioactive waste in a scientifically,reasonably and efficiently way to ensure their safety is not only crucial to the healthy development of the nuclear energy industry,but also the compulsory requirement to the goal of our country's environmental protection.For the safety management of radioactive waste,China has promulgated the "Environmental Protection Law of the People's Republic of China","Nuclear Safety Law of the People's Republic of China","Law of the People's Republic of China on Prevention and Control of Radioactive Pollution",the regulations promulgated by the State Council departments and the series of guidelines and other relevant laws,regulations,departmental rules and standards issued by national nuclear safety Bureau.At the same time,National Nuclear Safety Bureau,the Nuclear and Radiation Safety Center of the Ministry of Environment Protection and other nuclear and radiation safety management stations throughout the country also carry out continuous supervision and management on the safety of radioactive waste.In order to effectively monitor and manage the safety of radioactive waste generated by the nuclear energy industry,some basic guidelines have been reached at the international community level,that is,Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management,promulgated by the International Atomic Energy Agency in 2001.As of July 2017,42 countries have signed the Convention.Based on this convention,following a series of international standards and safety standards promulgated by the International Atomic Energy Agency,it constitutes the basic legal framework of the current global management of radioactive waste safety.In addition,the International Commission on Radiological Protection also issued a series of system-principle documents as guidance on radiation dose protection and other issues.At present,all countries that own nuclear energy industry are also following the relevant conventions,guidelines or recommendations of international organizations such as the IAEA and ICRP,and according to their respective actual political structures,economic conditions and social developments,to work out the corresponding radioactive waste management strategy and policies for the safety management of radioactive waste,the management of legal system as well as the standard system and disposal system.Some of the countries have some references to the practice could be significant reference to our country.This paper studies the legal safety management of radioactive waste in representative nuclear energy countries from the perspective of comparative research,and then considers the legal management system of radioactive waste safety management in China and puts forward constructive opinions.The content of the article mainly includes the following parts: introduction to the research content of this paper,theoretical analysis of the legal system of radioactive waste safety management in the nuclear energy industry,research on the main components of the legal system of radioactive waste safety management in the nuclear energy industry,and safety management of radioactive waste in the nuclear energy industry of China,the current status reviewing of the legal system of safety managenment legal system for radioactive waste in the nuclear energy industry of China,as well as specific recommendations for the complete construction of the legal system for the safety management of radioactive waste in China's nuclear energy industry.At present,the safety management of radioactive waste in the nuclear energy industry is still studied from the perspectives of physics,engineering,geology,environmental science and even project management globally.For related strategies and policies,and even specific legal systems,it is still in a relatively early stage.It is believed that with the continuous enhancement of the role of nuclear energy in human social and economic life,the related safety management legal system research will also become more and more completed.Based on the combination of relevant research at home and abroad,the purpose of this paper is to collect and summarize relevant information at China and other countries,and then combine the current status of relevant systems in China to make further comparisons and analysis to finally realize how to promote China's nuclear energy industry,to provide advice and recommendations on the legal system for the safety management of radioactive waste.The research approach of the article is to firstly discuss the theoretical basis of the relevant legal system,and then define the corresponding series of concepts and introduce the development process and current situation of the nuclear energy industry.After preparing for academic research and theoretical analysis of the subject in question,this article began a separate discussion of the various components of the nuclear energy industry's legal system for radioactive waste through separate chapters.Each corresponding chapter contains comparative analysis and research on the strategic and policy basis of radioactive waste safety management and the main components of the relevant legal system in several representative overseas countries.Also,the development trends and characteristics of relevant strategies and policy basis of the specific management legal system in these overseas countries were summarized.At the same time,in each chapter,the specific conditions corresponding to China's relevant systems are also introduced and the further research on Chinese related systems is carried out through comparative research methods.The purpose of comparative analysis research is to provide comparative and reference information on the progress and development of relevant legal systems in China.Finally,based on the research results already obtained,the focus is on the current problems and possible improvement paths in the legal system of radioactive waste safety management in China's nuclear energy industry.Generally speaking,the research in this paper is based on the theory of international law,the theory of environmental law,the existing international conventions,the existing international practices,etc.,mainly refered to the literature research,collecting and reading a large number of newspapers and journals,and through the media network,extensively collect information related to the safety management of radioactive waste.With the combination of theory and practice,speculation and empirical mutual use,focus on empirical research;put forward author's own opinions in the article,in order to form a more reasonable guidance and improvement on the construction and practical operation of China's relevant legal system.Regarding the innovation of the article,the research of this paper is novel from the perspectives of research content,research perspective and research methods.In terms of research content,the content of this paper is aimed at the relatively new industries and the relatively new problems faced by human society.The paper specifically summarizes,analyzes and briefs the safety management of radioactive waste in the nuclear energy industry.From the perspective of “safety management”,it summarizes the relevant management and supervision activities of radioactive waste safety in the nuclear energy industry.And from the perspectives of legal sources,legal operation and legal supervision of its safety management system,the management legal system of different countries and the international safety management legal system are compared and refereed.In terms of research methods,empirical research,comparative research and historical research were applied to study the safety management legal system of the nuclear energy industry.In order to fully study the legal system of radioactive waste safety management in the nuclear energy industry,this paper has set up a chapter to discuss related theoretical issues.After the basic concept is determined,it can be confirmed that the research object refers to radioactive waste from the nuclear energy industry,according to various aspects of the nuclear energy industry,including geological exploration and mining of nuclear fuel,refining,manufacturing of nuclear fuel components,radioactive waste generated by nuclear fuel cycle,and radioactive waste generated by decommissioning of nuclear facilities.At the same time,after synthesizing various definitions and concepts related to the safety management of radioactive waste,this paper considers that the safety management of radioactive waste in the nuclear energy industry refers to a series of supervision and management activities for the safety of these radioactive wastes related to the above activities in the nuclear energy industry,according to relevant legal strategy and policy basis,through the relevant licensing system,emergency response system,etc.,that are carried out by the corresponding management entities.From the legitimacy of the legal system for the safety management of radioactive waste in the nuclear energy industry,it should also be reasonable,necessary and feasible.The legitimacy of the legal system for the safety management of radioactive waste in the nuclear energy industry is the trait that can fundamentally promote the free liberation and all-round development of human beings.If legitimacy is the premise for studying the legal system for the safety management of radioactive waste in the nuclear energy industry,then the theoretical basis is the cornerstone of the legal system for the safe management of radioactive waste in the nuclear energy industry.The legal system for the safety management of radioactive waste in the nuclear energy industry mainly includes the theory of sustainable development,the theory of environmental rights and the theory of risk control as the theoretical basis for its research.These theories form the basis of the legal system for the safety management of radioactive waste in the nuclear energy industry from different angles.After a series of theoretical analysis of the legal system for the safety management of radioactive waste in the nuclear energy industry,it can be determined that the legal system for radioactive safety management in the nuclear energy industry discussed in this paper is a general term for legal norms,measures and methods in various fields related to the supervision and management of radioactive waste from the nuclear energy industry,from an empirical perspective,via specific legislative framework,mainly based on relevant strategies and policies.Through the above-mentioned special analysis of the connotation of the legal system for the safety management of radioactive waste in the nuclear energy industry,combined with the current practice,we can see that the system is mainly composed of the corresponding subject legal system,licensing legal system,decommissioning legal system,emergency legal system,and information exchange and consultation legal system.In addition to the connotation and main components of the relevant legal system,the value and function of the relevant legal system and the structural principles should also be included in the scope of the corresponding research.In view of the safe management of radioactive waste generated by the nuclear energy industry,relevant countries shall formulate corresponding strategies,policies and strategies at the national level according to their own conditions as the cornerstone and starting point of the entire safety management legal system.The strategic and policy rationale for a national nuclear energy industry's radioactive waste safety management legal system is supported by the country's corresponding radioactive waste safety management strategies,principles,and policies,specifically including: technical routes,site selection criteria,and decision-making procedures,funding model,etc.At present,the technical part of relevant strategies and policy rationales for the legal system for the safety management of radioactive waste in China's nuclear energy industry are without significantly different from those in foreign countries.The main differences are for the degree of transparency in the decision-making process,the funding guarantee mechanism,etc.For the safety management of radioactive waste in the nuclear energy industry,in addition to basic national strategic policies,a scientific and rational legislative system must also be established for this relevant legal system.Due to the special nature of radioactive waste in the nuclear energy industry,its safety management must not only be strictly required from within a country,but also be implemented in cooperation from the scale of the international community.Therefore,how to properly handle the relationship between relevant international legislation and domestic legislation is particularly important.The international law system related to the safety management of radioactive waste in the nuclear energy industry itself is continuously drawn from the experiences and lessons of the nuclear energy industry in leading countries.And in the specific implementation process of relevant international law,it must also be supported and coordinated by the corresponding domestic laws,so as to effectively implement these international legal documents.At the same time,relevant domestic laws or normative documents provide good guidance to most relevant countries in the world for domestic laws related to the safety management of radioactive waste in the nuclear energy industry.For the purpose of research,one of the main contents of this paper is to conduct a comparative study on various components of the legal system for the safety management of radioactive waste in the nuclear industry in China and abroad.Through comparision of home and abroad in the aspects of main legal system,the licensing legal system,the decommissioning legal system,the emergency legal system,information exchangee and public participation legal system,it can sum up the characteristics of the main components of the relevant legal systems owned by the representative countries outside the region.After combining the status quo of the reflective waste legal system in China's nuclear energy industry,we can see that the current relevant legal systems mainly have the following deficiencies: the lack of relevant legislative frameworks,the decentralized setting of relevant administrative entities,and the lack of relevant management mechanisms.The lack of operability of the safeguard,emergency preparedness and response system,the disclosure of relevant information,and the public participation system are in urgent need of development.Drawing on the useful experience in the relevant legal systems of extraterritorial countries,we can make corresponding recommendations on the legal system for the safe management of radioactive waste in China's nuclear energy industry.First of all,we should improve the legislative framework for the safety management of radioactive waste in China's nuclear energy industry.At present,China's current regulatory standards system for radioactive waste management is still not completed.The atomic energy law is a basic and urgently needed law in China's legal system.The construction of relatively independent atomic energy law is a necessary prerequisite for the safe development of nuclear energy.Therefore,this needs to be introduced as soon as possible.While continuously improving the management policies for nuclear fuel cycle,decommissioning of nuclear facilities and disposal of radioactive waste,and establishing and improving the relevant access and practicable qualification system,China should also strengthen the management of the financing and use of the “three wastes” disposal and formulate management measures for decommissioning of nuclear facilities.To improve this aspect,it needs to study and formulate management measures related to waste radioactive sources and nuclear technology using waste treatment and disposal.Secondly,we should improve the subject system of radioactive waste safety management in China's nuclear energy industry.To improve this aspect,it is necessary to further clearly define the specific functions of each participating entity and strengthen the authority and independence of the subject of radioactive waste management.Thirdly,we should improve the safety management system for radioactive waste in China's nuclear energy industry,realize the whole process management of radioactive waste generation and disposal activities and guarantee the funding needs of relevant management activities.After that,we should also improve the emergency preparedness,information disclosure and public participation system for the safety management of radioactive waste in China's nuclear energy industry.This thesis hold: that to effectively monitor the radioactive waste generated in the nuclear energy industry and establish a scientific and comprehensive legal management system is an important cornerstone for ensuring the continuous progress of the nuclear energy industry.This thesis applied the theory and evidence,induction and deduction of comparative research methods.On the basis of analyzing the general concept and definition of radioactive waste safety regulation in the nuclear energy industry,the author summarizes and analyzes the safety regulatory system of radioactive waste in the nuclear energy industry in several representative countries that are currently developing in the nuclear energy industry in the world.At the same time,Regulatory system,conventions and other regulatory environment were summarized and used for reference.By comparing the regulatory systems of radioactive waste in the nuclear energy industry among different countries and analyzing the relevant international regulations and conventions,this paper draws inspiration from the legal system of China's relevant safety regulation.Finally,combined with the historical evolution of the legal system for the regulation of the safety of radioactive waste in the nuclear energy industry in our country,the actual status and the analysis of the future prospects,so as to put forward some useful opinions and suggestions on the improvement and development of the current regulatory legal system in our country. |
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