“核损害”法律概念探析

A Study on the Legal Concept of“Nuclear Damage”

当前法律中的"核损害"概念仍然只关涉人身损害和财产损害,从性质上来看与民法上的"损害"无异。造成这种结果的根源在于"核损害"概念未能跟进可持续发展的步伐,"核损害"概念应当与时俱进,体现可持续发展的理念,其内涵不仅应当包括人身损害和财产损害,还应当包括环境损害;其外延应当涵盖民法和环境法两大领域。"核损害"概念是一个概念体系,是"核损害"概念与理念的结合。形式上,"核损害"包括人身损害、财产损害以及环境损害;实质上,"核损害"预示着一种预防原则下的事前责任。"核损害"概念预设了加强核安全监督管理的必要性,它应当成为法律术语,不仅要出现在核安全立法目的当中,也应该贯穿到整个核安全法律体系。

The legal concept of ＂nuclear property damage, from the nature of it, it is damage＂ is only related to personal injury and the same as the ＂damage＂ of the civil law. The cause for this result lies in the concept failed to follow up the pace of sustainable development, ＂nuclear damage＂ concept should keep pace with the times, and reflect the concept of sustainable development, its connotation should not only include personal injury and property damage, but also include environmental damage~ Its denotation should include two fields, the civil law and environmental law. ＂Nuclear damage＂ concept is a concept system, which is the combination of ＂nuclear damage＂ concepts and ideas. Formally, ＂nuclear damage＂ includes personal injury, property damage and environmental damage~ In essence, ＂nuclear damage＂ indicates a beforehand responsibility under the principle ofprevention. Concept of ＂nuclear damage＂ means the necessity to strengthen nuclear safety supervision and management. It should be a legal term, not only to appear in the midst of nuclear safety legislation purpose, and should appear through the nuclear safety legal system as a whole.