Research On Alternative Dispute Resolution Mechanism For Nuclear Damage Compensation In Japan

Nuclear disasters are characterized by contingency,large-scale and persistence.It is necessary to maintain social stability and fairness to carry out relief work for victims immediately after the accident.Japan as the country that handles compensation for nuclear damage through alternative dispute resolution mechanisms,and its experience has an important reference for China.The Fukushima nuclear accident caused by the Great East Japan Earthquake was one of the most serious accidents in the peaceful use of nuclear energy by human beings.Before the occurrence of the JCO criticality accident in 1999,Under litigation centralism,the common spear adaptation shield between normal civil litigation procedures and large-scale compensation appears.Therefore,after the accident,the Ministry of Education,Culture,Sports,Science and Technology,based on Japan’s unique legal and cultural background that favors mediation and absorbing JCO’s experience in dealing with damage compensation for criticality accidents,set up a law based on Article 18 of the "Nuclear Damage Compensation Law".The professional and neutral " Dispute Reconciliation Committee for Nuclear Damage Compensation ",as the decision-making body of the Fukushima nuclear accident compensation alternative dispute resolution mechanism,is responsible for "intermediary mediation of nuclear damage compensation disputes","to formulate general rules with the scope of nuclear damage compensation as the main content".Guidelines” and “Related necessary survey and evaluation activities”.In order to perform these three functions,the Review Committee has established the "Nuclear Damage Compensation Dispute Resolution Center" composed of a special committee responsible for mediation and a special committee responsible for conducting investigations as the executive body of the alternative dispute resolution mechanism for compensation for the Fukushima nuclear accident.Victims of the Fukushima nuclear accident can apply for free mediation by the Dispute Resolution Center to appoint a special member to mediate disputes over damages with Tokyo.After fully listening to the statements of both parties,the mediator will propose a settlement plan.If an agreement is reached,a settlement agreement will be signed and compensation will be paid by TEPCO;if one party refuses,the mediation procedure will be terminated.Other Remedy Proceedings Claims.The cases in which settlement agreements were reached through mediation by intermediary members accounted for 78% of the total number of case applications(2020),which can be said to be running relatively well.The existing dispute resolution mechanism in my country is not enough to deal with the "explosive" compensation disputes in the event of a nuclear accident.Although the possibility of a nuclear accident is extremely low,the lack of relevant systems is undoubtedly detrimental to the development of nuclear power and the protection of people’s rights and interests.In order to solve the shortcomings of the existing system,on the basis of absorbing the experience and lessons of Japan,we can consider letting administrative mediation play a role in nuclear damage compensation disputes,building a diverse nuclear damage compensation dispute resolution mechanism and improving the top-level legislation of the alternative dispute resolution mechanism.,once a nuclear accident occurs,the settlement of nuclear damage compensation disputes has laws to follow and procedures to use.