Research On State Supplementary Liability For Nuclear Damage In China

Developments in the nuclear field can not only cope with the problem of energy shortages,but also further alleviate environmental issues.Therefore,countries have taken a positive attitude towards the development of nuclear energy.Although China has provided policy support for the development of nuclear energy,its legal supply is obviously insufficient.China's core legal documents in the sharing of nuclear damage liability are the only two "Responsibility for Nuclear Liability" issued by the State Council.Although the fact that the state is responsible has been answered in practice and in the legal provisions,the nature of the state's responsibility and its legitimacy are still issues we need to explore.Based on this,the author explores the concept and nature of the state's supplementary liability in nuclear damage,analyzes the current status of China's legislation,draws on the legislation and practical experience of other countries,and puts forward suggestions to improve our country's system of supplementary liability for nuclear damage.This article is divided into four parts:The first part is the basic theory of supplementary responsibility of nuclear damage states.Supplementary responsibility for nuclear damage states refers to an independent way of bearing national responsibility in nuclear damage by using different priorities to deal with the relationship between the subjects responsible for nuclear damage.The state's supplementary liability for nuclear damage is different from civil liability,state liability,and state compensation liability,but a new type of state liability,which is legal,sequential,and complementary.The state should assume supplementary responsibilities based on the social contract theory,the positive externalities brought about by the development of the nuclear field,and the guarantee state theory.The second part is a summary of the status quo of extra-legislative legislation on the state of supplementary responsibility for nuclear damage.The Paris Convention System and the Vienna Convention System have gradually formed common principles in the evolution of legislation,and the Joint Protocol and the Convention on Supplementary Compensation for Nuclear Damage have broken the barriers of the convention system.The United States,Japan,and other countries have established supplementary responsibilities for nuclear damage in their legislation and practice,and borrowed from the principles of international conventions to gradually expand the scope of responsibility,and actively respond to the nuclear accident by the efficiency and order of administrative agencies.The third part is the carding and analysis of China's current legislation.Only two "Responsibility for Nuclear Liability" have responded to the issue of supplementary responsibility of nuclear damage countries,but the approval has legislative gaps or deficiencies in the scope of liability,liability performance mechanism,liability relief methods,and funding sources.The fourth part is to put forward perfect suggestions for our country's supplementary liability system in nuclear damage.First,personal,property,environmental,and mental damage should be included in the scope of the state's supplementary liability,and the limit should be dynamically increased;second,establish a damage assessment process,improve a variety of liability methods,and establish a prepayment system to improve the state's supplement responsibility implementation mechanism of nuclear damage;Thirdly,set up an executive-led relief model to resolve large-scale damage disputes and retain litigation relief procedures;Finally,establish a nuclear damage public fund and join the international public fund.