Abstract
The civil nuclear industry plays an important role in improving environmental quality and safeguarding energy security in China. Nevertheless, the industry is facing a huge risk of nuclear accident damage. The legal system of nuclear damage compensation is of vital importance for the industry to address potential risks. The Nuclear Safety Law, which has recently been published in China, stipulates two articles about nuclear damage compensation in principle. However, in general, the current nuclear damage compensation legal system in China has not yet been made systematic and there are still problems, such as a lack of maneuverability and details. This paper adopts qualitative and quantitative methodologies to summarize and analyze the current legislation and regulation pertaining to civil nuclear damage compensation liability in China and analyzes the shortages and deficiencies of these rules in detail by using legal analysis methods. Suggestions to establish and perfect China’s legal system of nuclear damage compensation are proposed to safeguard the healthy development of the civil nuclear industry and remedy damages brought about by nuclear accidents. Such a legal system should contain the elements of clear legislative goals and objectives, a specific definition and scope of nuclear damage, strict and sole responsibility principles for operators, an appropriate liability amount, a stable financial guarantee for operators, and national supplementary liability.
Highlights
Given the way that coal fired power production has been challenged by continuous environmental haze and smog in China, China’s developing civil nuclear energy has become one of the most significant ways to solve the energy shortage, improve energy structure, control environmental pollution, and ensure energy security [1]
This paper proposes the following research question: How can nuclear damage compensation legislation in China be improved to adapt to the development of the civil nuclear industry? In order to seek a solution for the future legislation of nuclear damage compensation liability in China, this paper adopts qualitative and quantitative methodologies to summarize and analyze the current legislation and regulation pertaining to civil nuclear damage compensation in China
Considering that the 2007 Reply did not provide the legislative purposes or objectives of nuclear damage compensation liability legislation, and the current situation of developing the civil nuclear industry rapidly and energetically in China, the legislative purposes and objectives of China’s future nuclear damage compensation legislation could be made “to clarify the division of compensation liability, ensure prompt and adequate compensation of damages caused to persons and property by the nuclear accident; control, mitigate and eliminate the damages caused by nuclear accidents, protect lives, property and environment; and contribute to the sound development and public acceptance of civil nuclear industry”
Summary
Given the way that coal fired power production has been challenged by continuous environmental haze and smog in China, China’s developing civil nuclear energy has become one of the most significant ways to solve the energy shortage, improve energy structure, control environmental pollution, and ensure energy security [1]. Huge damage caused by nuclear accidents is due to several reasons, such as design problems, manufacturing defects, construction and installation errors, operation and maintenance negligence, equipment failures, natural disasters, terrorist attacks, and so on [3]. All of these problems can lead to nuclear accidents and cause significant damage. The “Nuclear Safety and Radioactive Pollution Prevention 12th Five-Year Plan and the 2020 Vision” jointly issued by the Ministry of Environmental Protection (NNSA), the Ministry of Finance, the National Development and Reform Commission, the National Energy Bureau, and the National Defense Industry Bureau, emphasizes the importance of establishing a legal system for nuclear damage compensation liability and insurance in China. By analyzing the existing legislation and policy framework and learning from the advanced legislative and practice experience of foreign countries and international conventions, this paper discusses the significance and importance of establishing specialized legislation on nuclear damage compensation and makes recommendations for future legislation
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