The Study Of Nuclear Third Party Liability Insurance Legal System

The legal system has been the central content of the third party liability insurance which is an important control means of nuclear power enterprise risk prevention, and the safety of nuclear power development rely on it. This article treats the third party liability insurance legal system as the subject to study. The first part is about the third party liability insurance legal system present situation and difficulties. Firstly, it explains the necessity and effectiveness in the presence of the third party liability insurance compensation for nuclear damage. Secondly, through analysis of the current market of the third party liability insurance, it focuses on community nuclear insurance China as an important status and reform direction. Then, combing the present situation of our country the third party liability insurance legal system, analyses the relevant laws and regulations in our country’s existing, it points out many practical obstacles to the implementation; finally, the issues,such as, the lack of multi-species insurers, uncertain competent court and the limitation of action, unscientific insurance amount set, reflect the nuclear third party liability insurance legal system construction of our country is still very weak. The second part is about the international context of third party liability insurance legal system, discussing the content of the legal framework of civil compensation for nuclear damage in the world. The third part is the establishment of the third party liability insurance legal system. reference to the relevant provisions of the law of international treaties and developed countries, the construction of china’s nuclear legal system should be from the following steps. Firstly, it should encourage the establishment of self organization in order to enrich the kinds of insurers. Secondly, the jurisdiction of court and special statute of limitations only for compensation for nuclear damage should be confirmed. Then, improving the legal setting of insurance amount, increasing liability limits and establishing nuclear catastrophe insurance reserves, is also significantly essential.In view of the above our existing nuclear third party liability insurance legal system dilemma, put forward suggestions from three aspects of the subject, the amount of insurance underwriting, the limitation of action and the jurisdiction, has called for a high level of "nuclear safety law", the hope can have certain effect on the legislation of civil compensation for nuclear damage field in China, improving our existing in the nuclear damage compensation in civil fields without a special law guide the regulation of the abnormal condition, to improve our position in the world in the field of nuclear power industry, strive for more right to speak, to promote the economic development of our country.