Study On Legal System Of Civil Liability Of Nuclear Damage

It has been up to half a century since the nuclear power industry has been developed . The compensation system of the civil liability of nuclear damage has been set up in international conventions and the legal system of many countries .Because the civil nuclear power industry in our country started late , the legal system in this field is also backward , especially the laws for the civil liability of nuclear damage .We will analysis the provision in the international conventions and the foreign legal system , discuss the particular character of the compensation system of the civil liability of nuclear damage comparing to the compensation system of the other types of infringement behavior on emphasis, and try to give some personal suggestions on the consummate of the civil liability system of nuclear damage based on the reality in our country .The thesis has been incorporated by three parts, including preface, five chapters and epilogue.Chapter one presents the basic theory of civil liability of nuclear damage .The main content includes the definitions, criterion of liability, inscape , causality of civil liability for nuclear damage etc .Chapter two clarifies the limitations for the liability of nuclear damage. This chapter composes the key point of the article. The limitations on the aspects of the compensation amount, limitation of action, liability gathering principle, grounds of exemption are introduced. This chapter emphases the provisions on the international conventions and foreign laws about the compensation amount limitation and liability gathering principle. The reasonable limit period for persecution will be disputed. The article also doubts the rationality of a grave nature disaster to be an exceptional character of the liability. Based on the analyses of the foreign laws, the author expresses some personal opinions on the consummate of our nuclear damage compensation law.Chapter three introduces the mandatory insurance and financial security measures which the nuclear operators often take to maintain their ability for payment at the occurrence of nuclear accidents. This chapter composes the second important part of the article by expressing the characters of the mandatory insurance and otherfinancial security measures. By exploring the diversity of the provision for financial security measures, it leads to a good resolution which may be incorporated into China's civil law system of nuclear damage.Chapter four is about the system of state payment. In order to makeup the financial deficiency of the nuclear operator and protect the development of the nuclear industry. State payment is a very important policy in the nuclear damage compensation field .Chapter five introduces another special principle of the nuclear damage lawsuit which is exclusive court jurisdiction principle. Although the polluted area in a nuclear accident might be abroad, only a single competent court is authorized to adjudicate the claims.