| As early as the initial stage of Japan’s nuclear industry development,that is the 1950 s,Japan began to establish laws and regulations related to civil nuclear.In the early 1960 s,Japan had already developed a relatively perfect civil nuclear legislation system and a nuclear damage compensation liability system,which provides sufficient legal basis for compensation in the event of the Shojimura nuclear criticality accident and the Fukushima nuclear accident,so that the victims could receive quick and effective compensation just after the incidents.Thus,Japan’s legal system for nuclear damage compensation is relatively perfect.Its legal system for nuclear damage protects the legitimate rights and interests of the victims and maintains social stability to a certain extent,but there are still some problems in the system itself.This paper studies the basic principles and characteristics of Japan’s nuclear damage compensation legislation.Through the compensation practice and system development after Shojimura nuclear criticality accident and Fukushima nuclear accident,the experience of Japan’s nuclear damage compensation system are summarized,and finally the enlightenment of Japan’s legal system and practice of nuclear damage compensation to the establishment and improvement of China’s nuclear damage compensation system is analyzed.The present study is divided into five chapters.The first chapter is the introduction which covers the background,purpose and significance of investigating on legal system of Japan’s nuclear damage compensation.Through analyzing the academic achievements of domestic and foreign scholars on Japan’s legal system and practice of nuclear damage compensation,we have a more comprehensive understanding of it.The second chapter is an overview of Japan’s nuclear damage compensation legal system,interpreting the establishment of Japan’s nuclear legal system and the main legal composition of Japan’s nuclear damage compensation system,and combing the relevant basic concepts and principles of nuclear damage compensation legal system in Japan.The third chapter is the practice and development of Japan’s legal system of nuclear damage compensation,mainly discussing the solutions and impacts adopted by the Japanese government after the compensation of Shojimura nuclear critical incident and Fukushima nuclear accident.The fourth chapter is a summary of the legislation and practice of Japan’s nuclear damage compensation legal system,emphasizing the necessity and function of a complete nuclear damage compensation system,and analyzing the advantages of the compensation committee,as well as the disadvantages of the weak supervision of operators and the government and the unlimited liability for compensation.The fifth chapter is the enlightenment of Japan’s legal system and practice of nuclear damage compensation to China.This article mainly takes Japan’s legal system of nuclear damage compensation as a lesson,discusses China’s existing legal system of nuclear damage compensation,finds out the problems existing in China’s current legal system through comparison,and puts forward relevant intentional suggestions for the improvement and perfection of China’s legal system of nuclear damage compensation. |
