The Civil Liability for Nuclear Damage: Theoretical Analysis and Institutional Arrangement
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    Abstract:

    With the rapid growth of nuclear power programmes in the world, the civil liability system for nuclear damage has become more and more important National legal systems for nuclear liability should be established and perfected under the framework of international conventions for nuclear liability, which will contribute to the protection of the interests of the community, the sound development of nuclear industry and the international cooperation in the field of nuclear energy There are such fundamental principles for the civil liability system for nuclear damage as strict and absolute liability, exclusive liability, the nuclear installation operator’s obligation to secure an insurance or other financial guarantee up to its liability amount, limitation on the amount of liability and the time for instituting damage claims, jurisdiction over claims generally to reside with the courts where the accident occurs, state intervention or participation,and non-discrimination on the grounds of nationality, domicile or residenceThe great failure in China’s civil liability system for nuclear damage is that there are no atomic energy law and compensation law for nuclear damage,and the State Council’s Reply of 2007 Concerning the Civil Liability for Nuclear Damage cannot meet the future challenge China should take into account the possibility of nuclear accident and compensation, and make the prior institutional arrangement

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蔡先凤.核事故损害赔偿责任:理论分析与制度安排[J].重庆大学学报社会科学版,2012,18(2):33~41

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