Legislative Study on China’s Compensation for Nuclear Damage Liability

Jiu Liu, Bingyu Liu and Dantao Chen
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Jiu Liu: College of Humanities and Social Sciences, Harbin Engineering University, Harbin 150001, China
Bingyu Liu: School of International Law, China University of Political Science and Law, Beijing 100088, China
Dantao Chen: College of Humanities and Social Sciences, Harbin Engineering University, Harbin 150001, China

Sustainability, 2018, vol. 10, issue 7, 1-12

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.

Keywords: nuclear energy; nuclear damage; compensation; liability; legislation; nuclear safety law (search for similar items in EconPapers)
JEL-codes: O13 Q Q0 Q2 Q3 Q5 Q56 (search for similar items in EconPapers)
Date: 2018
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