Study On Compensation Liability For Nuclear Damage

Nuclear energy has been applied extensively to civilian domains, such as nuclear power plant, which brings about benefits as well as risks. The nuclear power plant leakage accident in Fukushima on March11th,2011was caused by the tsunami resulted from magnitude9earthquakes, which shocks people as well as brings about ponder on nuclear power safety and survey on nuclear damage compensation. What is nuclear damage? How to compensate victims when nuclear accidents cause damage? These problems are to be solved legally. However, the law of nuclear liability in China lags behind, demonstrated as shortage in relevant laws and regulations, superficial study on theory, no effective system of compensation for nuclear damage. This thesis focuses on necessity and urgency of constructing compensation liability system for nuclear damage, and dabbles in the concept and features of nuclear damage, intent to clarify theoretically the basic problems concerning about legal system of nuclear damage compensation, and to propose the processing frame for how to compensate when nuclear damage occurs in order to prevent accidents before they happen and to create favorable legal environment for healthy development of nuclear power. This thesis is divided into four parts to systematically discuss compensation liability for nuclear damage.The first chapter defines nuclear damage and relevant significant concepts, such as nuclear facilities, nuclear accidents and so on, and then illustrates characteristics of nuclear damage.Then further analyze and elaborate basic legal relations involved in compensation for nuclear damage.As the theory support for study on compensation liability for nuclear damage and proposal of compensation system of nuclear damage, it is necessary to clarify these basic contents about nuclear damage.Compensation liability for nuclear damage is proposed in the following three chapters:The second chapter introduces the civil liability of nuclear facility operator, which is the first step for compensation liability for nuclear damage and the key point of the whole thesis. The civil liability of nuclear facility operator is constituted on the foundation of three core principles which are principle of liability without fault, principle of compensation liability concentration and principle of liability limit. Relief matter, prescription of actions and other relevant problems are involved.The third chapter concentrates on implementing socialized compensation system with compulsory nuclear liability insurance or finance guarantee, which is the guarantee for the realization of civil liability of nuclear facility operator referred in the second chapter. First, clarify concepts and functions of compulsory liability insurance and finance guarantee, and then introduce relevant foreign experiences of nuclear liability legislation including international convention, and point out some disadvantages of rules in China and give some improving suggestions. This chapter also introduces the development conditions and prospect of insurance industry in China.The fourth chapter is about compensation liability undertaken by the nation. As the main body for approving and reviewing license for nuclear facility operation, the nation plays such a role:it actively guides the development and exploitation of nuclear energy as well as takes account of the benefits of nuclear accident victims and nuclear facility operator in order to navigate and convoy compensation for nuclear damage.