Legislative Research In The Field Of Compensation For Nuclear Damage In China

Developing civil nuclear industry is a significant way to solve the energy shortage,promote green improvement,control environmental pollution,ensure energy security and build a beautiful China.However,it could be risky in any kind of energy source.Even under the highest safety standards,nuclear incidents cannot be totally eliminated.The three Mile Island nuclear accident in the United States,the Chernobyl nuclear accident in the former Soviet Union and the Fukushima nuclear accident happened in Japan all caused great damages to human lives,property and environment.Therefore,it is necessary to consider nuclear damage liability and related legislation.China's newly enforced Nuclear Safety Law stipulates principle solution about nuclear damage compensation since 2018.However,the current nuclear damage compensation system is not yet systematic,where several problems exist,such as the lack of maneuverability and details.A proposal to establish and strengthen China's legal system of nuclear damage compensation is therefore proposed to safeguard the healthy development of the civil nuclear industry and remedy damages brought by the industry.It will help to improve our nuclear legal system and be more adaptable to the new situation of nuclear industry.The purpose of this article is the formulation and implementation of China's Nuclear Damage Compensation Law as well as the expectation of the nuclear damage compensation legislation in the future.This article is looking forward to nuclear damage compensation legislation,not only from the legislative mode,legislative structure,legislative purpose and other macro level,but also from the aspects of the liability for compensation,compensation limitation,financial security or guarantee,the settlement of compensation disputes,rights of recourse,jurisdiction,limitation of liability in time,and other specific design level.We should strengthen the principle of the sole responsibility of the core operator and the principle of nofault liability,establish a sound financial guarantee mechanism,increase the compensation limit of the core operator and the supplementary compensation limit of the country,detailed compensation work of the specific process,clearly define a single jurisdiction,extending the limitation of action and constructing the legal system of nuclear damage compensation with Chinese characteristics.