The Operator Damages Liability For Japan Nuclear Fuel Transportation

The safe operation of nuclear power plants and the treatment of nuclear waste have been the world's concern.However,a nuclear safety issue that is most closely linked to our life is ignored by us.Based on the characteristics of transport itself,it is impossible to adopt long-distance isolation protection measures like the nuclear power station,and the transport itself has great uncertainty.This paper based on Japan's domestic laws and related international treaties,focuses on Japan's nuclear operators and focuses on the issue of civil operators' damages for damages arising from transportation accidents during the transport of nuclear fuel in Japan.Judging from a series of issues such as the determination of the liability of damages caused by nuclear operators,the reasons for exemption,the competing actions of multiple parties and the recovery of claims,the following conclusions are drawn: Firstly,Japan takes full and absolute responsibility for the determination of the responsibility of nuclear operators,that is,in the event of an accident Neither the nuclear operator nor the nuclear operator must be held accountable for its negligence,which serves the purpose of protecting the victim adequately.Followed by the discourse in the discussion of abnormal determination of the problem.As well as the principle of unlimited liability that sets the limit of liability of nuclear operators as a distinctive feature of the Japanese legal system.The principle seems to protect the victim but is likely to lead to a failure of the actual compensation to be realized.Lastly,the most unreasonable system in the field of nuclear fuel transport,that is,the obligatory subject of damages,is limited to the sole principle of the responsibility of nuclear operators.If nuclear fuel transportation is a special industry that requires multiple participation and requires a very high sense of responsibility,if all the liability for compensation is concentrated in the nuclear Instead of pursuing other suppliers or carriers' responsibilities on the part of the operator,it is bound to reduce their sense of responsibility and increase their risk of transportation.China will implement its "Nuclear Safety Law of the People's Republic of China" on January 1,2018,a huge step forward for domestic atomic energy legislation,filling the gap in China's nuclear safety legislation.However,its provisions are too broad and practical application of certain difficulties.Therefore,it is suggested that the domestic legal system of atomic energy should be further perfected and regulations should continue to be refined under the nuclear safety law.Specific to the nuclear fuel transportation link,while maintaining the existing liability for damages to concentrate on the nuclear operators,it is suggested that a carrier or supplier should also be set up to assume or recover the liability so as to ensure that the carrier faithfully and diligently performs its obligations.