论中国核能利用主管部门法律规定的完善

서지정보

· 발행기관 : 전북대학교 동북아법연구소
· 수록지 정보 : 동북아법연구 / 6권 / 2호 / 1 ~ 18페이지
· 저자명 : 마충법, 李何伟

초록

Compared with fossil energy, nuclear energy has many advantages, such as high efficiency, less pollution and lower cost of operation, etc., and furthermore there are huge stores of nuclear materials in the earth; but it also has distinct demerits with the high expenses of establishing nuclear plants, very demanding technological requirements for operation, and measureable and irreparable losses if a nuclear accident occurs as the typical ones. Therefore, most states hold a very contradictory attitude to the utilization of nuclear energy. However,though there are many dangers in the field of utilizing nuclear energy, nuclear energy will still have played very important roles in human lives to meet the demands of economic and social development before clean energy technologies have been grasped and taken full advantages of to satisfy human demands.
And thus, a number of countries now lay great expectations on nuclear energy and the legislatures in them, which have taken securely and safely using nuclear energy as their missions, have tried their best to enact relatively comprehensive nuclear laws to reduce or avoid nuclear accidents as much as possible. It is one of the essential elements of the legal framework of utilizing nuclear energy to clarify the regulatory bodies of using nuclear energy and their functions or duties in the related laws with purpose of effectively governing, inspecting and monitoring the nuclear activities or practices. In the current nuclear legal system in China, the regulatory bodies include theNational Atomic Energy Bureau and the National Defense Science and Technology Industrial Development Bureau under the leadership of the Ministry of Industrial and Information (assuming the responsibilities of governing and inspecting the general nuclear activities), the National Energy Bureau under the leadership of the National Development and Reform Commission(taking the duties of administration of nuclear power, drafting the plan of developing nuclear power,conditions for access to market, technical standards, and implementing the plans and dealing with nuclear accidents and emergencies), the National Security Bureau under the governing of the Ministry of Environmental Protection(assuming responsibilities of nuclear and irradiation security, and monitoring irradiation environment protection), Food Safety Coordination and Supervision Bureau of the Ministry of Health, the Ministry of Public Security State Adm inistration of Work Safety, and other ministries (taking responsibilities of governing and administrating the issues on health, hygiene, production and other public security concerning nuclear and other material irritations). So it can easily be implied that there exist some defects in aspect of providing the regulatory bodies of nuclear energy in China, such as, scattering administration, overlap of the functions of different bodies and no specifically designated dominant body,etc. By referring to the suggestion from Handbooks on Nuclear Law: Implementing Legislation (2003 and 2010) of International Atomic Energy Agency and learning legislative experiences and lessons of other countries, we shall provide definitely that the National Atomic Energy Bureau and the National Defense Science and Technology Industrial Development Bureau of the Ministry of Industry and Information shall be the main regulatory body in perspective of supervision and administration on nuclear energy development, while the Nation Security Bureau (NSB) of the Ministry of Environmental Protection shall assume the monitoring responsibility of nuclear security, and the related responsibilities of the Health Ministry and the Ministry of Public Security shall be transferred to NSB; meanwhile, the National Commission of Development and Reform and Ministry of Transportation shall respectively assume certain responsibilities within their duties. In order to enhance the effectiveness of the regulation and supervision, the advisory organ with influential decision power, such as a nuclear energy commission, shall be established to coordinate the activities on trans‐ministerial regulations.

참고자료

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