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Sustainability 2018, 10(7), 2222; https://doi.org/10.3390/su10072222

Legislative Study on China’s Compensation for Nuclear Damage Liability

1
College of Humanities and Social Sciences, Harbin Engineering University, Harbin 150001, China
2
School of International Law, China University of Political Science and Law, Beijing 100088, China
*
Author to whom correspondence should be addressed.
Received: 24 May 2018 / Revised: 19 June 2018 / Accepted: 25 June 2018 / Published: 28 June 2018
(This article belongs to the Special Issue Nuclear Safety, Emergency, Security: Theory and Technology)
Full-Text   |   PDF [210 KB, uploaded 28 June 2018]

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. View Full-Text
Keywords: nuclear energy; nuclear damage; compensation; liability; legislation; nuclear safety law nuclear energy; nuclear damage; compensation; liability; legislation; nuclear safety law
This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited (CC BY 4.0).
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Liu, J.; Liu, B.; Chen, D. Legislative Study on China’s Compensation for Nuclear Damage Liability. Sustainability 2018, 10, 2222.

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