On The Principle Of Legal Channeling About Civil Compensation For Nuclear Damage

Five years after the Fukushima nuclear accident in Japan,many countries have re-launched the investment activities of the civilian nuclear industry.When people develop nuclear power,they also have to face the possible nuclear threat of civilian nuclear facilities.Once the nuclear accident occurred,there is a problem that who would bear the civil liability of nuclear damage need to be solved.In the development of the civilian nuclear industry,the United States,a major technology exporting country,in order to protect its own suppliers,strongly advocated that the operators from other countries bear all liability caused by nuclear damage.The other subjects,whether or not they have faults,do not have to bear the civil liability for nuclear damage,which is the principle of legal channeling(also known as the principle of exclusive liability)that was later established in the international convention system and national legislation.The principle of legal channeling is one of the basic principles in the civil damages system of nuclear damage,which plays a very important role in the development of nuclear industry,which also solves the risk worries that private capital investment in nuclear industry may face huge compensation and greatly promotes civil Cross-border communication of nuclear technology.All the legal system is not perfect.The principle of legal channeling is at the expense of violating the traditional tort law.In addition,the principle of legal channeling is the result of commercial interests of the game reflected in the law.In essence,the principle of legal channeling contrary to fair and equitable legal principles.The rationality and sustainability of legal channeling needs to be examined.In 2010,the "Nuclear Damage Civil Liability Act" promulgated by India clearly stipulated the operator's recourse against suppliers,which caused criticism and questioning of Western countries.The practice of India could be described as the Challenge against traditional nuclear damage liability order.The main research methods of this paper are literature review and comparative study.The first part of the article explains the connotation of the principle of legal channeling for nuclear damage by means of literature review,explaining the reasons why the principle of legal channeling applies.With the development of insurance and financial instruments,the operator's risk can be dispersed through the concentration of operators and other financial instruments,and the Single Court Jurisdiction Principles and the Nuclear Damages Commission have also brought Litigation facility to the victims.The reason for reducing victim litigation exhaustion or reducing the cost of insurance is too far-fetched now.In the second part,through the literature review,to identify the latest legislative developments in international conventions and national laws,coupled with comparative analysis,it can be seen that the legal status of the principle of legal channeling is facing challenges.The third part,the sustainability of the legal channeling is questioned by re-examining it in the three aspects of traditional tort law,the handling of nuclear accidents and the evolution of nuclear technology.In addition,the feasibility and necessity of giving product liability to the suppliers were explored,and the system design was first explored,the recourse right of the operators should be expanded in the international conventions and national legislation,constructing the Protection Mechanism of Supplier's Economic Existence.The fourth part analyzes the draft of the Nuclear Safety Law,the draft and the existing laws need to be further coordinated,and puts forward some legislative ideas on the future development of the "Atomic Energy Law" in China,hoping to introduce the supplier's product liability.