Legal Research On The Nuclear Emergency Mechanism

After Japan’s nuclear accident in March,2011, the prospect of nuclear energy isdifferent in varied countries. For example, Germany, Switzerland, Belgiumannounced give up nuclear power. Yet Britain, Russia, Indonesia and other countriesstated they would continue to develop nuclear energy. China, a country with thenumber of nuclear reactors under construction accounts for approximately40%of thetotal number of reactors under construction around world. Nuclear power is aninevitable and wise choice for the sustainable development of China’s economiclifeline. Although the government announced that China would suspend constructionsof new nuclear power projects in March,2011, the national development and reformcommission stated "Still retains encouragement of nuclear power plant construction"which appears in the Catalogue of Guidance for Adjustment of Industrial Structureadjustment. Government officials also said that the plan to achieve goal ofcomplement of40million kw installed capacity in2015would not be changed.Therefore, the outlook of nuclear energy remains positive in our country. At the sametime, the safety problem of nuclear power has to be considered. It is necessary tomake an establishment of perfect emergency mechanism for nuclear accidentwarning.For decades, a great number of laws, regulations, rules, measures, and standardsystems have been made for safety management of nuclear facilities in China. But nomatter the nuclear power industry in the high speed development period, or nowcaution development period, it should attach great importance to the safety of nuclearpower plant construction and safety management. We should consider to do our bestto prevent nuclear power accident as well as effective measures to deal with an eventof nuclear accident. There are some shortages in China’s nuclear accident emergencymechanism, which have some negative effect on the nuclear power industry. In orderto reduce accidents and influences, the nuclear accident emergency mechanism of ourcountry must be improved. It is also the reason for discussions in this thesis. The thesis consists of four chapters exclude prologue and epilogue.Chapter one: a summarization of nuclear accident emergency mechanism. Firstly,the definition of the nuclear accident as well as introductions of some nuclearaccidents is simply discussed. Secondly, parts of nuclear accident emergencymechanism and its function is introduced. Through three nuclear accidents (theThree Mile Island Nuclear Accident, Chernobyl Nuclear Accident and Japan’sFukushima nuclear accident), analyzing the problems existing in the nuclear accidentemergency mechanism. Lastly, a suggestion is given that it is urgency to improve ourcountry’s nuclear accident emergency mechanism.Chapter two: laws and regulations relevant to domestic and foreign nuclearaccident emergency. Legal regulations of the nuclear accident emergency mechanismin China and foreign developed countries are introduced. Legislation of the saidmechanism in our country from the perspective of legal order and other countries arealso elaborated. And the enlightenment has been analyzed.Chapter three: The deficiencies of the nuclear accident emergency mechanism. Itincorporates four aspects. Firstly, regulations of administrative license are notcomprehensive. Secondly, communications of public information are not reallycarried out. Thirdly, warning contingency ability is insufficiency. Fourthly, a lack ofsound regulations regarding nuclear damage compensation.Chapter four: Suggestions for improving our country’s nuclear accidentemergency mechanism. Firstly, we should establish a more detailed system ofadministrative license items. Secondly, work of communications of publicinformation should be improved. Thirdly, supervisions should be enhanced. Fourthly,it is need to improve emergency management work. The fifth point, a system ofliability for damages should be established.