On Compensation For Environmental Damage Of Nuclear Accident

In recent years,China has paid more and more attention to the development and utilization of nuclear energy,but in the meantime,the possibility and harmfulness of nuclear accidents should not be underestimated.The accident at the chernobyl nuclear power plant and the fukushima nuclear accident have raised concerns about the use of nuclear power.Need legal to regulate the development and utilization of nuclear energy,especially how to do after the accident compensation is unable to avoid the problem,our country environment about nuclear accident damage compensation law is almost blank.In view of this,it is necessary to international conventions in the field of civil liability for nuclear damage,inspects the advanced countries nuclear damage compensation legal system,contrast the legislative status quo of our country,for our country nuclear accident the establishment and perfection of the legal system of environmental damages.The paper discusses the compensation for environmental damage caused by nuclear accident in four parts.The first part through the nuclear accident environment damage compared with general environmental damage,it is concluded that the nuclear accident environmental damage is the complexity of the formation damage,the range of all-round difficulty of long persistent and damage,damage to eliminate,etc.In the second part,the compensation subject and the claimant are determined from the Angle of tort compensation lawsuit,and the compensation subject is classified according to the private interest litigation and the public welfare litigation.The third part elaborates the compensation scope and appraisal of environmental damage caused by nuclear accident.Nuclear accident of environmental damage compensation scope,including clean up pollution cost,and the cost of the ecological environment restoration,ecological environment repair services during the period of loss,the loss caused by permanent damage to the ecological environment,ecological environment damages reasonable expenses such as investigation and appraisal.The evaluation and appraisal is the premise and basis of compensation for environmental damage of nuclear accident.The fourth part proposes to improve the legislation of compensation for environmental damage of nuclear accidents.Nuclear energy use for reference the legislative experiences of developed countries and international conventions,in tort liability law or nuclear law set up special provisions or special nuclear accident environmental damage compensation law,the scope of compensation,the obligee and obligor to compensation shall ground,relief and compensation limit,compulsory insurance and financial guarantee,the right of recourse,jurisdiction and the statute of limitations,state responsibility and harm of cross-border elements into the law.