Research On The Legal System Of Nuclear-contaminated Soil Remediation

The radioactive materials produced by nuclear leakage not only cause damage to people and property,but also have a negative impact on the ecological environment.At present,the nuclear soil remediation work caused by two seven-level nuclear accidents in the world is still in progress.Since there has not been a nuclear accident in China,and the soil remediation activities are still in their infancy,this has caused the construction of the nuclear-contaminated soil remediation system generated by the nuclear accident has not received the attention it deserves.In view of the special nature of nuclear-contaminated soil remediation pollution,repair technology and repair mode,it is necessary to regulate it according to the corresponding legal system.The realistic background of the rapid development of the nuclear energy industry and the unavoidable nature of nuclear energy risks make it necessary to prepare for the construction of China's nuclear-contaminated soil remediation legal system.Based on the analysis of China's current situation and the experience of other countries,China's nuclear-contaminated soil remediation legal system should be constructed from the aspects of repairing entities,repairing behavior and safeguard measures.First of all,China's legislation clearly stipulates that soil pollution remediation follows the principle of pollution responsibility and the particularity of damage caused by nuclear accidents.Therefore,the entity responsible for soil pollution remediation is unique,that is,the nuclear facility operator.However,in fact,in response to environmental damage caused by nuclear accidents,the government's statutory obligations to protect public health and protect the environment,as well as the public's obligation to protect public interest,should also be included in the scope of responsible entities.In this way,the government,operators of nuclear facilities,the public and third parties can cooperate and govern together.Of course,in order to ensure the smooth realization of the purpose of repairing,it is necessary to further clarify the rights and responsibilities of the participating entities.Secondly,nuclear contaminated soil is radiologically harmful,but it is not classified as hazardous waste or radioactive materials.Theact of repairing this type of contaminated soil cannot be applied to the existing legal norms or legal systems for the prevention and control of hazardous chemicals or radioactive materials.However,current laws and regulations related to soil remediation only regulate transportation behavior,which is not enough to prevent radiation hazard and secondary pollution of nuclear contaminated soil.It can be seen that there are regulatory gaps in the regulation of nuclear-contaminated soil remediation behavior in China.With reference to relevant Japanese legislation,for the protection of the ecological environment and the protection of public health,the supervision of nuclear-contaminated soil remediation behavior should include the whole process of removal,storage,transportation and disposal of contaminated soil,and detailed control of each link.Finally,the current safeguard measures for nuclear-contaminated soil remediation include the insufficiency of the financial guarantee measures of the nuclear facility operators and the imperfect government financial incentives.In order to ensure the sufficiency of the remediation funds and the enthusiasm of the remediation of the entities,it is necessary to strengthen financial assurance measures for operators of nuclear facilities and to refine government financial and economic incentives.