Norm Structure Of Nuclear Energy Risk Regulation

There is a huge risk in the use of nuclear energy.At the same time,it is also a “good medicine” to solve the energy crisis,optimize the energy structure,and improve the ecological environment.It cannot be abandoned.The nuclear energy risk regulation system should maintain an open and flexible normative structure,fully consider the influence of multiple factors,and pay full attention to the claims of multiple entities,in order to avoid the shackles between regulation and over-regulation,and the use of nuclear energy can truly benefit the public instead of causing anxiety and panic.The optimization of the regulatory system needs to grasp the characteristics of the regulatory object,clarify the tradition to the current changes and determine the appropriate regulatory objectives in order to achieve good regulatory results.Risk is a combination of objective reality and subjective construction.There is a high degree of uncertainty and complexity in nuclear energy risk.During the traditional administration period,the government,as “night watchman”,adopted the model of the danger prevention,which could not meet the needs of the risk society,and it could not meet the challenges brought by the nuclear energy risk.The era of risk regulation,the state needs assume the national obligations of nuclear energy risk regulation initiatively to meet the dual social needs of public security and the steady development of nuclear energy.China's current nuclear energy legislation cannot respond to the urgent need of nuclear energy risk regulation for the transformation of regulatory model,nor fully fulfill the dual national obligations of safety assurance and nuclear energy development.National obligations need to be realized through the operation of state power.Should nuclear energy regulation choose the old way to improve nuclear energy legislation? Or choose a new way to systematically reshape nuclear energy risk regulation? Drawing on the experience of Germany,nuclear energy regulation activities have integrated the functionalist logic of power operation and achieved good practical results.Based on the theory of functional appropriateness,this paper analyses the allocation of state power structure in the field of risk regulation and seeks a form of power structure that conforms to the characteristics of nuclear energy risk regulation.The stability,clarity and rigorous procedural nature of legislation cannot adapt to the characteristics of nuclear energy risk regulation,while the judicial power focuses on supervision and control after the event and is not competent for decision-making facing the unknown and the future.The administrative power is open and flexible,so it should bear more regulatory responsibilities in the field of nuclear energy risk regulation.Therefore,it is necessary to construct a comprehensive nuclear energy risk supervision system with administrative regulations as the core and considering legislative guidance and judicial review.In the terms of legislation,it is necessary to establish the principle of risk prevention and adopt an open normative approach to set up the obligation of risk prevention for the government and set appropriate regulatory standards for nuclear energy regulation.Secondly,in terms of administrative regulation,“deliberative democracy” is an ideal paradigm for constructing a risk administrative regulation system that combines science and democracy with integration,participation and negotiation.And the administrative process should focus on the use of regulatory tools,make scientific and democratic decisions through a rational process of “fact-finding-negotiation-reflection”,in order to improve the acceptability of regulatory decisions,and resolve the legality crisis of administrative regulation.In judicial review,the administrative organs are urged to make rational decisions and avoid arbitrariness by focusing on procedural review.