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On The Improvement Of Legal Regine On Nuclear Emergency In China

Posted on:2013-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:L H YanFull Text:PDF
GTID:2256330395988118Subject:Environment and Resources Protection Law
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As a clean and efficient energy, nuclear power will play a huge potential role in theprocess on humans resolving the environmental pollution, climate change and energy crisis.With the appearance of nuclear accident in March2011in Japan,humans have to make achoice between the development and security of nuclear energy. As to assuring the nuclearsecurity, this paper thinks that we should develop the nuclear energy. This paper aims toimprove the system of nuclear security in the condition of nuclear emergency, to makenuclear work on safety more smoothly.Of course, this paper is based on Chinese present legal system of nuclear emergency.Because of a lot of problems existed in the legal system on nuclear emergency in China, thispaper is attempting to find the resolving measures though the following five parts.Part one is to make an overview of nuclear emergency legal system, in order to provideconvenience for the following parts.Being the first part of this paper, it defines the nuclearemergency legal system, points out the significance of improving nuclear emergency legalsystem, so makes clear the research object of this paper. The most important context of thispart is to define the nuclear event and nuclear accident clearly, for only distinguishting thesetwo notion can define the meaning of nuclear emergency legal system correctly.Part two is to expound the principles of nuclear emergency legal system. The legalprinciple is the standards and the fundamental stone of legal system. This part involvesprevention principle, public participation principle, information openness principle and so on.One of the most important is prevention principle,because the law is not only to solve thedispute,but also to prevent the dispute.Part three is to introduce the nuclear emergency legal system of abroad countries.This part introduces nuclear emergency legal system of Japan, France, the United States andthe European Union. And mainly introducing the Japanese, French nuclear emergency legal system. The introducing context is:to introduce nuclear emergency legal system developmentof each country or region, then summarize the characteristic of each country or region. Themain characteristic of Japan is the special nuclear emergency organization. The significantcharacteristic of French is unity standard system for nuclear technology.Part four is to discuss the present situation of Chinese nuclear emergency legalsystem. This part is to pack up our country’s existing nuclear emergency laws and summarizethe nuclear emergency legal system. Currently,China has established the nuclear emergencymanagement system, nuclear emergency plan system, nuclear emergency supervisionsystem,nuclear emergency information openness system,financial and material supportsystem. Although they have lots of problems, they lay the foundation for further developmentof Chinese nuclear emergency work.Part five is to explore the disfigurement and the solution of Chinese nuclear emergencylegal system. This part is the most important one of this paper. Because above parts haveanalyse Chinese present nuclear emergency legal system, this part points out that Chinesepresent nuclear emergency legal system have the following problems: less nuclearemergency laws; concept of the nuclear emergency is too simple and so on. In my opinion, inorder to improve Chinese nuclear emergency legal system, we should resolve the problemsinvolved in the foregoing. The author puts forward to use the concept of nuclear emergency,and sets up a nuclear disaster fund,issue nuclear disaster bonds and nuclear disaster lottery.
Keywords/Search Tags:Nuclear events, Nuclear emergency, Legal system
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