Study On The State Liability Of Nuclear Damage

The state has an important position and role in nuclear activities.Since the 20 th century,with the expansion of the use of nuclear energy,the issue of relief and responsibility for nuclear accidents and nuclear damage has entered the field of legal research.With the joint efforts of two international organizations,OECD and IAEA,the third-party liability system for damage caused by nuclear accidents has become increasingly complete,and many countries have also stipulated the problem of operators' liability in domestic legislation.However,the provision of third-party responsibility does not mean giving up the responsibility of the country involved in the nuclear accident.In the event of a nuclear accident or nuclear incident,the country still needs to take preventive,regulatory,relief,etc.in accordance with the extent of the damage and the extent of the impact of the nuclear accident.responsibility.It is of great significance to improve the scope of the nuclear damage relief system by reasonably defining the scope of the country's responsibility and establishing a double safeguard system of international responsibility and government responsibility.This article is divided into six chapters.The first chapter mainly introduces the research background,current situation,existing problems,research significance,innovation results and so on.It is a summary of the full text.The second part analyzes the connotation and characteristics of nuclear accidents and nuclear damage,and studies the liability of nuclear accident damages.Provide necessary theoretical support;divide the state's position in the peaceful use of nuclear energy into four phases,and elicit the legal significance of state responsibility.The third part mainly introduces the basic theory of state responsibility in nuclear damage.The fourth part analyzes the links between the seven major international conventions related to nuclear damage and national responsibilities and the specific provisions of the nuclear industry's responsibility for nuclear damage in domestic legislation from the perspective of international conventions and domestic legislation.It also implements the above-mentioned conventions and legislation.Analyze the possible difficulties and problems in China;finally,based on the domestic law,sort out the state responsibility in nuclear damage to include three levels of responsibility system: basic responsibility,tort liability and supplementary responsibility,and refine the specific state responsibility.content.The fifth part mainly probes into the status quo and existing problems of nuclear damage in the country after the current "Nuclear Safety Law" is promulgated.The sixth part mainly aims at proposing feasible suggestions as mentioned above.On the one hand,it is necessary to start multi-level legislative work on nuclear damages,clarify the limits of compensation,and solve the problem of the distribution of responsibilities between third-party entities and countries;on the other hand,we must learn from the experience and lessons of foreign legislation and improve it.The insurance institutions and insurance models for nuclear damage liability insurance provide good protection.