The International Legal System Research For Who Is Responsible For Nuclear Accident

Nowadays we are facing climate change,energy security of supply,and the problem of liberalisation of steam and electric market.The use of nuclear energy can reduce carbon dioxide emissions,and it provides an alternative to fossil fuels in which public recognition has been received.But it is only effective implementation if the main body of nuclear accident responsibility realizes the strict liability by absorpting and internalizing the social cost which comes from their risk behaviors,making nuclear energy into economic benefits.The legal regime should provide incentives for nuclear operators to internalize their risk costs in order to maximize prevention.Nuclear operators should,in principle,be fully liable for the potential damage caused by their activity.To the extent that compensation is provided through another source,be it government or insurance,mechanisms should be put in place that take into account the nuclear'preventive efforts.Voluntary state intervention appears in international nuclear accident liability system,using more public funds,while in Japan and the United States there are less state subsidies.The measures of using nuclear operators' liability limit,collecting the retrospective premiums from the licensees,signing security agreement with the government achieve the internalization of social cost efficiently generated by nuclear operators and the related bodies.We need to learn the merits of nuclear accident compensation mode of Japan and the USA,taking efforts to achieve the internalization of nuclear operating costs and making nuclear power enterprises independent.So,China's nuclear power enterprises can produce larger benefits.