Research On Our Country Legislation Of Nuclear Damage Compensation

Since the 1950 s, the development of nuclear energy has been 70 years of history.It also has become the first choice of many countries to solve its energy shortage problem.The development of nuclear energy is a double edged sword, it can bring us benefits but also has a great security risk, even if the probability of nuclear accidents is small, but once its consequences that we cannot be estimated. Since nuclear energy put into use in civilian areas, the major nuclear countries in the world such as USA, Japan, in order to ensure the safe development of nuclear power, have developed nuclear-related legal damages. China, as a future nuclear country, the relevant provisions of the nuclear damages are very weak, so we need to establish and complete the legal system of compensation for nuclear damage. This paper studies the basic problems of civil compensation for nuclear damage, compared the compensation system for nuclear damage with Japan and the US, and provide some suggestions for reference.There are six parts in this article. Part one is the brief introduction of this article. This part also describes the significance and research status of this topic. Part two mainly talk about the definition of nuclear damage and the compensation of nuclear damage. Compared the nuclear compensation with environmental damage and General Tort. Part three mainly analyze the International Convention and national legislation of nuclear damage compensation of Japan and the US. This section also analyzed the basic rules of the nuclear compensation system, such as: the principle of strict liability, the sole responsibility of the limits of liability, the statute of limitations and so on. Part four mainly analyze the status of civil liability for nuclear damage in our country. China does not have a complete law on civil liability for nuclear damage. Through the analysis of the relevant provisions, we can find out the shortage of the provisions. Part five mainly provide some suggestions for improving our legal system of civil liability for nuclear damage. In this section points out the importance of the establishment of civil liability for nuclear damage and the Atomic Energy Basic Law.