中国核安全立法的进展、问题和对策

Progress,problems and suggestions of China's Nuclear Safety Legislation

发展核能须以安全为前提,中国已经形成以"一法九条例"为主要框架的核安全法律规范体系,但缺乏顶层设计。《核安全法(草案)》已经全国人大常委会二审,进一步修改时应当明确核安全的概念、纳入风险管控理念、强化核安全监管机关的独立性、充实核安全监督检查内容、强化公众权利保护和严格行政法律责任,使核安全客观上得到保障,主观上被社会公众接受。

Safety is a prerequisite for nuclear energy development. China＇s main legal framework of nuclear safety consists of one law and nine regulations, but lacks of top-level design. The Draft of Nuclear Safety Law has been reviewed（second timetwice） by the NPC Standing Committee but yet still has some deficiencies. It is suggested that the revision should clearly define the concept of nuclear safety,incorporate conception of risk prevention and control, and strengthen the protection of public rights protection and strict administrative legal liabilities in revision, so such that the nuclear safety is not only objectively secured and at the same timebut also subjectively accepted by the public.