Research On The Construction Of Atomic Energy Legal System In China

In the context of increasingly severe environmental pollution and the depletion of non-renewable energy sources,atomic energy has become an important resource to alleviate environmental pollution and provide energy for economic development.Although my country’s atomic energy-related technology has achieved major breakthroughs and its application scope has continued to expand,the legal system related to atomic energy is relatively rough,and it is difficult to prevent various risks in the development of atomic energy technology.This article systematically reviews the process of atomic energy legislation,and puts forward relevant suggestions for my country’s atomic energy legislation in combination with the actual development of atomic energy in my country and foreign atomic energy legislation,so as to further promote the development of atomic energy-related legislation and form a sufficient legal basis for the development of atomic energy technology.This paper first makes a qualitative distinction between atomic energy and nuclear energy,and then clarifies the legal concept and characteristics of atomic energy law,forming a theoretical context.Secondly,sort out the laws and regulations related to atomic energy in my country and the construction process of the legal system,and combine the comments on the 2018 "Atomic Energy Law of the People’s Republic of China(Draft for Comments)" to reveal the main problems existing in my country’s atomic energy legal system,that is,the atomic energy law has not yet been formed There are many defects in the regulatory system and the"Draft for Soliciting Comments",and the lack of a legal supervision mechanism for atomic energy.After studying the experience of the United States,Japan and France,three countries with relatively developed civil nuclear power industries in the construction of atomic energy legal systems,based on the problems discovered above,relevant suggestions for the construction of my country’s atomic energy legal system are put forward.To clarify the proper positioning of China’s atomic energy law,we must not only regard the atomic energy law as the basic law in the nuclear field of our country,but also clarify the relationship between the future atomic energy law and the current "Nuclear Safety Law".The law clearly regards the principles of safety,responsibility,transparency,and international cooperation as the basic principles of the atomic energy legal system.To build an effective regulatory mechanism in the future atomic energy law,it is necessary to change the concept of supervision to meet the needs of development,to straighten out regulatory functions,to improve the safety management of atomic energy,to enhance the authority of supervision,and to strengthen the professionalism of supervision.