Study On Legal System Of Civil Liability Of Nuclear Damage

It has been more than half a century since the nuclear power industry has been developed.The system of civil liability of nuclear damage has been set up in international conventional and many countries. However, the system of civil liability for nuclear damage in C hina is relatively backward, the related system needs to be improved. This thesis, combined with the practice, starts from the basic theory of the system of civil liability for nuclear damage, focuses on civil liability for nuclear damage of the principle of attribution and exemptions,and describes the popular transboundary nuclear damage problems.Last in this article,discussed the defects and legislative conception system of civil liability for nuclear damage in our country, and put forward concrete suggestions.This thesis is divided into three parts, including introduction, body and conclusion. The text is divided into four chapters.The first chapter is the general theory of civil liability for nuclear damage. This chapter mainly discusses the basic problem : the concept of civil liability for nuclear damage;the characteristics of civil liability for nuclear damage;the components of civil liability for nuclear damage.In the characteristics of civil liability for nuclear damage, this paper discusses the uniqueness, and discusses extension of the properties of state compensation. In the components of civil liability for the nuclear damage, it is detailed to say the fact of damage.The second chapter is focusing on civil liability for nuclear damage of the principle of attribution. Describe the no- fault principle, distinct between strict liability and absolute liability, finally discuss the free liability of civil liability for nuclear damage.The third chapter is the status of the legislative system of civil liability for nuclear damage. This chapter reflects our current legislation and then point out existing problems now. Combined with the trend of development of the international and regime on C hina’s basic national conditions,we see the importance of improving the system of civil liability for nuclear damage.The fourth chapter is to improve our system of civil liability for nuclear damage. Discussed in two ways, one is on the improvement of legislation, the second is to improve on the specific content.Improvement of legislation includes the development of the basic law, developing single law of liability for nuclear damage, adding the appropriate international conventions, making provisions of civil liability for nuclear damage in the basic law of the civil code. Improvement on the specific content includ es clearing definitions and scope of nuclear damage, increasing the maximum amount of compensation for nuclear damage liability; improving the nuclear program,the insurance and financial assurance of nuclear damage liability; expanding the scope of compensation liability for nuclear damage.