Research On Financial Guarantee System For Nuclear Damage Compensation

After the Second World War,with the development of peaceful use of nuclear energy,the safety of nuclear energy has increasingly attracted the attention of public.Nuclear damage and its compensation have become an unavoidable problem.Under the framework of the International Convention on Liability for Nuclear Damage,the establishment and improvement of a domestic nuclear damage liability system will help protect the interests of the public,promote the healthy development of the nuclear industry.This thesis sorts out the relevant legislations in the international legislation and domestic law on the nuclear damage financial guarantee system.Once a nuclear accident occurs,it may cause huge personal and material losses.The subsequent pollution treatment needs to be shared by the government,enterprises and related groups.Although China has not experienced a major nuclear accident when using nuclear energy,there have been several nuclear damage accidents that have caused huge losses in history.It should also a alarm for Chinese nuclear energy enterprises and legislative bodies.The development requires a sound nuclear damage compensation mechanism.This thesis describes the basic definition of damage and nuclear damage,mainly from the concept of financial damage compensation guarantee system,the tort damage and its theoretical doctrine,the concept of nuclear damage,the concept of nuclear accidents and operators,the concept of nuclear damage financial guarantee,imputation principle.Financial protection refers to the ability to bear the costs of public liability compensation and the timely reimbursement of such compensation,such as investigation,defense and litigation.Financial damage for nuclear damage refers to a system including a third party such as a government or financial institution,providing a certain amount of funds specifically for the victim to make even and effective assistance.In the field of nuclear liability,financial guarantee mainly refers to the operator's provision of a certain amount of funds,which is specifically used for the legal system of even,adequate and effective assistance to the victim.The financial guarantee model of nuclear damage was analyzed and sorted out.The current financial damage guarantee models applicable to countries include nuclear damage liability insurance,operator's individual compensation and operator mutual assistance mechanism,government supplementary responsibility and international fund.Liability insurance is a type of property insurance that the insurer pays compensation to the third party according to the insurance contract,the insured legally responds to the liability for damages caused by the third party.The method for nuclear damage liability insurance mainly includes individual insurance,insurance pool,third-party liability insurance and nuclear energy mutual protection system.It mainly introduces the legal provisions on the operator's individual responsibility and operator mutual assistance mechanism in Japan's Nuclear Damage Liability Law,the Paris Convention,the Vienna Convention and the US Price-Anderson Act.Through the investigation of the occurrence and damage of the Three Miles Island nuclear accident and the Fukushima nuclear accident in Japan,the relevant contents of the financial guarantee in the post-accident recovery,including the compensation subject,the object of compensation,and the compensation content,especially the financial guarantee in Chapter 2.The application of the model in the handling of accidents and the changes in the provisions of international conventions and domestic laws after the accident.The development of China's nuclear damage compensation financial guarantee system is lagging behind some countries in the world.The Chinese government has made a direct and clear stipulation on the liability for damages involving nuclear accidents in the form of “State Council Reply”,but it is responsible for nuclear damages in China.In the field,the issue of nuclear damages that the public is most concerned about is currently only the State Council's 1986 State Council's Reply on the Third Party's Nuclear Responsibility Issues to the Ministry of Nuclear Industry,the National Nuclear Safety Administration,and the State Council's Nuclear Power Leading Group and the 2007 State Council's The Reply to the Liability for Damages has made some provisions,but it has not been specifically clarified.This article also makes an implication of the nuclear damage financial guarantee system.