Research On The Civil Liability For Nuclear Damage System

Civil Liability for Nuclear Damage system has been 70 years of history,scholars in international law and the nuclear industry under the joint efforts of the international Civil Liability for Nuclear Damage has been relatively complete system of modern, international conventions and domestic legislation of most countries have systems, detailed the system provides.However,China's late start due to the nuclear industry,the domestic system Civil Liability for Nuclear Damage of the relatively small study,there is lack of relevant laws and regulations,which fall far short of China's nuclear industry under the vigorous development of practical needs,thus China's civil nuclear damage need to improve the responsibility system.Civil Liability for Nuclear Damage of this article from the start with the basic theory,focusing on Civil Liability for Nuclear Damage of the principle of attribution,in comparison,as well as the International Covenant on national legislation on Civil Liability for Nuclear Damage,after the relevant provisions of the system,pointing out that China's current system Civil Liability for Nuclear Damage deficiencies,combined with China's status quo,on Civil Liability for Nuclear Damage to improve the system of our country has made specific recommendations.This article is divided into four parts.The first part introduces the concept of Civil Liability for Nuclear Damage.Civil Liability for Nuclear Damage and then discussed the characteristics,and then on Civil Liability for Nuclear Damage of the depth of elements. Civil Liability for Nuclear Damage clarify the content of these basic theories is to study Civil Liability for Nuclear Damage theory to provide the necessary support.The second part,focusing on Civil Liability for Nuclear Damage of the principle of attribution are discussed.Civil Liability for Nuclear Damage in general,the attribution of the principle of the principle of no-fault liability.However,the principle of no-fault liability in the framework and the existence of subtle differences between,there have been several important concepts:strict liability,absolute liability and the risk of liability. The author of the liability to the principles of civil liability for the start profile,and an analysis of the principle of no-fault liability Civil Liability for Nuclear Damage established the theoretical basis of strict liability,absolute liability and the risk of liability and no-fault liability principle of relations between the comb.The third part introduces the Civil Liability for Nuclear Damage to China's legislative system of the status quo.Content of China's Civil Liability for Nuclear Damage,including the development of the system and problems in two aspects.It is undeniable that,since the last century 80's Civil Liability for Nuclear Damage of our system since the beginning,the system has achieved some encouraging results,although with limited success,but it is the guidance of China's highest principle of Civil Liability for Nuclear Damage.However,many people think that the main liability for nuclear damage,the state,resulting in civil liability of the system lags behind the development of serious,problems than the obvious.The fourth part is the combination of the main contents of the status quo of China's proposed Civil Liability for Nuclear Damage Improvement of legislative proposals. Contains two elements:First,China's Civil Liability for Nuclear Damage legislative style, the author of China's Civil Liability for Nuclear Damage that legislation should be increased to the level of the law.Way to use a single law the provisions of a comprehensive system of civil liability for nuclear damage,the specific content,so that the nuclear operator to raise security awareness and strengthen their own monitoring,but also reflects the legal value of Civil Liability for Nuclear Damage.Second,the specific content of legislation to give a more current recommendations.Important concepts such as the definition,scope of application,the maximum liability limits,Limitation of actions, etc.with a view to civil liability for nuclear damage on China's system has been beneficial to mature and improve.