Reflection on and construction of the legal regimes of nuclear damage compensation in China: a policy analysis perspective

Abstract

This paper explores the legal policy of nuclear damage compensation laws. As a specialised sector of nuclear law, the legal regimes on nuclear civil liability aim to provide timely and effective compensation to third parties, while also addressing the special policy concern of ensuring the sustainable development of the global or national nuclear industry. The paper examines the international methods of establishing major principles of liability with the corresponding rules and regimes to balance the interests of the parties involved. Comparatively, there is great uncertainty surrounding Chinese rules and principles of nuclear liability. Therefore, this paper suggests accelerating the enactment of a Chinese law specifically addressing nuclear damage compensation, aligning it with the national strategy and prospects of civil nuclear energy in China. Additionally, issues closely related to nuclear damage compensation, such as nuclear insurance policies, operation and supervision of national public funds and the use of alternative dispute resolution to settle nuclear disputes, are also discussed.