Reflection and Reconstruction on Exemption of Supplier’sCompensation Liability for Nuclear Damage
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    Abstract:

    Based on the consideration of victim protection and nuclear industry promotion, the paper discusses that it becomes international convention to exempt supplier’s compensation liability for nuclear damage to the third-party However, in practice, the scope of liability exemption was extended to nuclear accident damage of the operator due to the fault of the supplier The author believes that absolute exemption of supplier’s compensation liability for nuclear damage not only leads to absolute imbalance of rights and obligations between operator and supplier, but also goes against the trend of strengthening quality management and supervision to prevent nuclear accidents from the source Then it reconstructs supplier’s compensation liability for nuclear damage from absolute exemption to relative exemption,suggests that supplier shoud shoulder compensation liability for nuclear damage of the operator due to the fault of the supplier Using the practice of abolish development risk defense for reference, the author requests supplier of nuclear materials and nuclear equipment for the development risk responsibility

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黄锡生,关慧.供应商核损害赔偿责任豁免的反思与重构[J].重庆大学学报社会科学版,2012,18(2):20~25

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