Nuclear transparency system mainly involves the publicity,public participation and public communication of nuclear safety information.It has great significance in protecting the public right to know and participate in nuclear safety information,and is an indispensable part of promoting the development of civil nuclear energy.It has made relevant provisions on information disclosure and public participation in Chapter V,including information disclosure and public participation in the construction of nuclear power plant facilities.However,the existing laws and regulations in China are still imperfect in terms of nuclear transparency,The public has not made significant public participation in nuclear safety information disclosure.The public still talks about nuclear color change,and still strongly conflicts with the construction of nuclear power plants,we must improve the nuclear transparency system as soon as possible and promote the opening of nuclear safety information.First of all,the article clarifies the basic concept of nuclear transparency system and its necessity are analyzed.First,the relevant concepts of nuclear transparency system,such as nuclear safety information and nuclear transparency,are introduced.Second,it analyzes and demonstrates the necessity of establishing a nuclear transparency system in China.The reason why China wants to build a nuclear transparency system is based on the following two points: first,the importance of the system itself;the second is the professionalism and particularity of transparency of nuclear safety information,which determines that it is impossible to meet the needs of the public only through the general environmental disclosure system.Secondly,the legal status of China concerning the nuclear transparency system is clarified.The paper combs the laws,legal documents,other normative documents and relevant systems of typical nuclear power enterprises,and summarizes the specific provisions on the disclosure of nuclear safety information and public participation,The analysis shows that the transparency system of nuclear security in China has problems in the aspects of the content of nuclear security information disclosure,the mechanism of participants,legal responsibility and relief means.Then,the research on the nuclear transparency system and regulations of major nuclear power abroad,analyzes the regulations on nuclear transparency system in foreign nuclear safety legislation,and summarizes the experience and the places worth learning from.Last,through the analysis of the current problems of China's nuclear transparency system,and from the perspective of legal system and public participation,put forward relevant suggestions.the paper puts forward specific suggestions to improve the nuclear transparency system in China,including the following aspects: first,to regulate the non disclosure of nuclear safety information reasonably in the aspects of decision-making subject,discretion standard and legislative model;Secondly,the main mechanism of participating in the disclosure of nuclear safety information should be improved from the leadership mechanism,nuclear safety information should be improved for the nuclear safety supervision departments and the nuclear facilities operation units;fourthly,the relief way of improving the disclosure of nuclear safety information.The public can protect their right to know and participate in nuclear security through private relief such as reporting and petition,administrative relief such as administrative reconsideration and administrative litigation,judicial relief such as arbitration,etc. |