Study On China’s Nuclear Safety Information Disclosure Legal System

Nuclear safety information disclosure is important to promote the development and use of nuclear energy and protect the public right of environmental information. However the legislation of nuclear safety information disclosure is absent and the existing legal regulation on nuclear safety information is imperfect, which makes the unsatisfactory effect of our country’s nuclear safety information disclosure and are widely questioned by the public. The public has a strong resistance to nuclear power plant construction, it has not only a great influence on China’s energy development strategy and national energy security, but also endanger the stability of the social order. Therefore, it is needed to solve the problem as soon as possible that establish and improve the nuclear safety information disclosure legal system.This article is divided into three parts: the first part is about basic issues related to nuclear safety information disclosure. On the one hand, we derive specific connotation of nuclear safety information disclosure through the concepts related to nuclear safety and nuclear safety information. On the other hand, we analyze in detail the need and establishment of nuclear safety information disclosure. At present, the special reason to construct the legal system of nuclear safety information disclosure is mainly based on the following two points: First, the existing legal system of environmental information disclosure itself has some problems and shortcomings, which has affected the smooth progress of specific guidance on nuclear safety information disclosure; Second, the nuclear safety information disclosure has its own speciality, which can not resolved by this kind of wide attention to environmental information.The second part, we analyze the present situation of nuclear safety information disclosure legal system at present. After analyzing the "Environmental Protection Law", "Environmental Information Disclosure Law(trial)" and other legal norms, the Ministry of Environmental Protection announced the nuclear and radiation safety information disclosure of the two legal documents, as well as the nuclear safety planning and other policy documents can be basic norms relevant provisions on nuclear safety information disclosure, we summary problems about nuclear safety information disclosure: will not be publicly the lack of specific provisions, legal liability is not sound, the means of relief is not perfect and lack of supervision mechanism.The third part, in view of the existing problems of nuclear safety information disclosure legal system at present, we put forward targeted suggestions and measures from the legal system. In this part, the article reference beneficial experience in nuclear safety information disclosure and advanced practice from other countries(mostly French),combined with the actual situation of the current public information on nuclear safety in our country, we put forward specific proposals to improve China’s nuclear safety information disclosure legal system mainly includes the following aspects: Firstly, how to solve reasonably determine the exception range nuclear safety information disclosure problems. That can be solved from the aspects of the decision-making body, discretion standard, the legislative mode; Secondly, the establishment of the legal liability system of nuclear safety information disclosure(administrative responsibility and criminal responsibility).According to the legal responsibility to publish the subject, it can be divided into different nuclear safety supervision department of nuclear safety information disclosure legal liability and nuclear facilities operating units; Thirdly, improve the remedies of nuclear safety information disclosure. Them public can report environmental petition administrative relief and environmental information arbitration organization channel maintenance himself in the nuclear safety information on the environmental right to know; Lastly, improve the supervision mechanism of nuclear safety information disclosure. The main supervisions are he nuclear safety regulatory authority supervision, the public supervision and third party review mechanism.