Research On The Legal Mechanism Of Ecological Compensation For Nuclear Waste Disposal Site Selection

With the development of China's nuclear energy industry,the amount of radioactive waste increases year by year.To ensure that “nuclear waste has a place to go”,it is necessary to continue to select sites for the construction of radioactive waste disposal sites.How to prevent and resolve the “not-in-my-backyard”in the site selection for radioactive waste disposal by the people? To increase public acceptance is a problem that must be addressed.The reason for the phenomenon of “not-in-my-backyard” is to worry about the loss of interests.Therefore,under the premise of technical protection and sufficient public participation,effective compensation is the key to solving the problem of the issue of the avoidance.Ecological compensation,as a way of benefit adjustment,can provide an effective way to solve this problem.The main body of the thesis is discussed from four parts.The first part is about the basic theory of ecological compensation for disposal of nuclear waste.It discusses the connotation,theoretical basis,principle of responsibility,legal value,performance of not-in-my-backyard,and intervention of ecological compensation,six aspects are discussed.The theoretical basis for the ecological compensation of nuclear waste disposal was elaborated from the perspectives of “principle of rights and obligations”,“theory of civil environmental rights” and “concept of environmental justice”.The construction of a nuclear waste disposal site for the underground burial of nuclear waste is a typical example of an adjacent project.The legal value of its ecological compensation is to achieve environmental justice through the establishment of a legal system.Point out the embodiment of the effect of not-in-my-backyard in the disposal of nuclear waste and its legal essence,thus pointing out the feasibility of solving the issue of ecological compensation intervention.The third part is about the current status of China's nuclear waste disposal site selection and the lack of legal system.The status of nuclear waste disposal in China and the current status and regulations for the site selection and construction of the disposal site were introduced,and two shortcomings of the current legal system were analyzed.The forth part is the application and evaluation of ecological compensation in the disposal of nuclear waste in the United States.After the nuclear power major countries such as Japan,Russia,and France emerged one after another to deal with fires in post-processing plants and stop construction,the U.S.resumption of the Yucca Mountain project has become a positive case.The following conclusions were drawn from the three aspects of the status quo of its management,construction of laws and regulations,and research on compensation practice:The effectiveness and effectiveness of non-economic compensation in the compensation of radioactive waste disposal are higher than economic compensation,which is also the experience we can learn from when we construct the system.The fifth part is the construction of the ecological compensation mechanism for the disposal of nuclear waste in China.A complete set of legal mechanisms has been constructed from the following five aspects: compensation subjects and rights and obligations,compensation standards and scope,compensation methods and procedures,funding sources and supervision,rights relief and public participation.And put forward the viewpoint of “social acceptability review” to increase public participation to solve the problem of the not in my back yard in the disposal process.