论文部分内容阅读
在风险预防措施采取上,我国有关核能利用的法律规范在不同场合确立了规制的目的与要求,但较为概括与抽象,这为行政机关制定核能规制留下了较为广泛的形成空间。若缺乏法律规则或原则指引,行政权在风险预防上将脱离法的拘束,难以确保个人的生命、健康、财产权利不受核能和平利用的侵害。从核能规制追求的价值来看,保护健康与环境的目标相较于促进核能利用的目标更具有优先性。行政机关应当在规制标准的指引下,贯彻风险预防的法律意涵,受到比例原则的约束。比例原则在核能规制领域应当对核能规制的特点予以充分关照,遵循自身的适用逻辑。
In taking risk precautionary measures, China’s laws and regulations on the utilization of nuclear energy have established the purpose and requirements of regulation on different occasions, but they are more general and abstract. This has left a broader space for the formulation of nuclear energy regulation by the executive authorities. In the absence of legal rules or guiding principles, the executive power will be out of legal restraint in risk prevention and it will be difficult to ensure that personal life, health and property rights will not be infringed upon by peaceful uses of nuclear energy. In terms of the value pursued by the nuclear energy regulation, the goal of protecting health and the environment is more prioritized than the goal of promoting the utilization of nuclear energy. Under the guidance of regulatory standards, the executive authorities should carry out the legal implications of risk prevention and be bound by the principle of proportionality. The principle of proportionality should give full consideration to the characteristics of nuclear energy regulation in the field of nuclear energy regulation and follow its own applicable logic.