Study On Compensation System Of Transboundary Nuclear Damage

Technological innovation has always been promoting the new reform of the international community, nuclear technology is no exception. The development of nuclear energy, is the key filed the wold are competing for, which seems straightforward only from the flourishing development of nuclear power. Nuclear energy which is a kind of environmental, high-usage energy has been highly valued by most countries. China has formulated a strategic objective that by 2020, the nuclear capacity shall be not less than 58 million KW, and ensure that nuclear power would meet more than four percent of China's electricity demand.Nuclear energy has many advantages, which have brought human beings an alternative energy choice and new developments of national level. However, as a kind of highly radioactive energy productive mode, it may cause indelible even devastating damage to personal, property or environmental rights. Transboundary nuclear damage has not only the common features of nuclear damage, but also other difficulties such as the jurisdiction conflicts, or difficult claims. Current tort law and environmental law cannot be directly applied to solve nuclear damage, let alone resolve the conflicts between the nuclear operators and the victims of nuclear disasters. Therefore, it's very important to research the current transboundary nuclear damage compensation system and analyzes its advantages and deficiencies. Thus, we can make a comparative analysis of transboundary nuclear damage compensation system in China and in global society. At last, based on the experience of other countries and the international society, we can try to establish a set of transboundary nuclear damage system of China, which is associated with China's national conditions.This article consists of four chapters.Chapter I is the introduction, which sums up the concept of transboundary nuclear damage liability system. The concept is based on the introduction of the related knowledge of nuclear damage and the characteristics of the nuclear damage.Chapter II provides an overview of the liability system of nuclear damage.This part emphatically research the transboundary legal liability from the persp ective of civil and state level. In the civil liability level, the author research th e international conventions, which regulate the basic content and principles of civil liability of nuclear damage. Then the author research the national libilaty of transboundary nuclear damage from the aspects of traditional national libilat y and international law non-forbidden action.Chapter III evaluate the compensation system of transboundary nuclear da mage in chapter II, then explore the improvements of the compensation system.This chapter is based on the research of the previous chapter, which focuses on the advantages and disadvantages of the compensation system of transbound ary nuclear damage. Finally, the author make some suggestions for these disad vantages to complete the current system.Chapter IV is the compensation system of transboundary nuclear damage i n China. This chapter mainly study the transboundary nuclear releated tort law,environmental law and the two approvals the state council promulgated in 1986 and 2007. Finally, according to the characteristic of nuclear compensation a nd the world trend, the author put forward some modify views to improve the compensation system of transboundary nuclear damage in China.