Study On The Subject Liability Of Foreign-related Civil Nuclear Damage

For nearly half a century,the use of nuclear energy in the world has set off a wave,followed by frequent damage caused by nuclear accidents,nuclear safety and the resulting civil liability for nuclear damage has become the focus of the world.At present,international treaties on civil liability for nuclear damage and domestic legislation have relatively perfect provisions,but the specific responsibility of each subject has not been very clearly defined.At present,the issue of liability for nuclear accidents in legislation only stipulates the operator's sole liability principle and the principle of no-fault liability principle.In the event of a nuclear accident,the operator of the civil nuclear facility assumes full liability for nuclear damage as the sole responsible person,regardless of whether it is subjectively intentional or negligent for the occurrence of the damage.Operators may be exempted in whole or in part from liability except in cases of war,conflict,violence,intentional or gross negligence of the victim.But such principles are somewhat too strict.Under this kind of imputation principle,the supplier of the equipment and the actual operator of the equipment have a great advantage in the responsibility,which is somewhat biased for the operator.Therefore,this paper expounds and analyzes the corresponding responsibilities of each responsible subject,which not only analyzes the problems of national operators,equipment suppliers and equipment operators in the compensation of damages and the transfer of responsibility,but also analyzes the problems of how countries make up and remedy the compensation when operators are unable to bear the compensation of damages.The text of this paper is divided into four chapters to expound and analyze the responsibility of each subject in nuclear damage.The first chapter puts forward the question,mainly carries on the elaboration,the analysis to the past major nuclear accident case,and carries on the elaboration to each nuclear accident responsibility confirmation and the enlightenment.It also expounds the basic theory of liability system for nuclear damage.The second chapter is about the liability of operator and equipment supplier in foreign nuclear damage.This chapter focuses on how operator and equipment supplier should undertake and bear the liability for damages in nuclear accident and the provisions of each convention on the liability of the two parties.In addition,the actual operator and operator of the responsibility of the transformation is also described.The supplementary compensation for those insurance systems used by countries when operators are unable to pay compensation is also introduced.The third chapter is the responsibility of the state and government in nuclear damage involving foreign interests.In this chapter,we discuss the types and ways of the responsibility of the state or government and the reasons for the exemption of the state and government if the damage reaches other countries or regions after the nuclear accident has occurred.The fourth chapter examines and improves the subject responsibility in nuclear damage.This paper discusses the malpractice of the existing legal rules and principles and puts forward the system of perfecting measures to enrich the compensation system of the liability for damages arising after the nuclear accident,which makes the system more fair in a certain scope.The fifth chapter is the summary,analysis and prospect of the full text.