As a major developer of commercial nuclear energy, China saw its developments improve year by year in relevant key indicators such as the number of commercial nuclear facilities, total installed capacity and electricity generation. Accordingly, the legal system of commercial nuclear energy in China has also improved in the past four decades in three phases: Beginning (1985–2002), Growth (2003–2015) and Maturity (2016–now). The legal needs of nuclear energy development, operation, supervision and regulation has been basically met with great focuses on authorities, nuclear safety licensing, disposal of radioactive nuclear wastes and nuclear materials. However, problems still exist, including an inefficient legal system, complicated organic system and inadequate supervision on those regulatory bodies. Looking ahead, efforts should be made in three aspects for safe and healthy development in China’s commercial nuclear industry, specifically, a better relevant legal system, safety management licensing and emergency response to nuclear accidents.
Since “ecological civilization” was written into the constitution, China has continuously strengthened ecological and environmental protection and innovatively established an environmental public interest litigation system. However, China’s current environmental public interest litigation system is not sound, especially since the types and scope of environmental public interest litigation are unclear, which is the core problem we aim to solve. To explore the types of environmental public interest litigation in China and the possibility of expanding new fields, we first used the normative analysis method to review the legislation of environmental public interest litigation in China and then conducted an empirical analysis of 215 judgment documents of environmental public interest litigation in China, and we concluded that the legal types and scope of application of environmental public interest litigation in China are constantly expanding. To reduce environmental pollution and ecological damage as much as possible, we argue that China should further expand the application of environmental administrative public interest litigation to improve the environmental civil public interest litigation system and adhere to the criteria of “behavior standards first, result standards second” and “prevention first, recovery second”. At the same time, through the internal connection mechanism between procuratorial suggestions and environmental administrative public interest litigation, the external cooperation between environmental organizations, procuratorates, and environmental administrative departments should be strengthened, and a new mechanism for environmental public interest litigation should be established and improved to accumulate useful experience in the judicial protection of China’s ecological environment.
In the current context of rapid global urbanization, China’s urbanization is also accelerating, and the rational planning and sustainable use of state land and space have become a growing concern. The expansion of urban geographic space is inevitably accompanied by the massive expropriation of rural land. The research objective of this article is to explore, from a jurisprudence perspective, under what circumstances land expropriation in urbanization has caused special sacrifices to farmers and what compensation standards have been determined by the Chinese courts after the special sacrifices have been caused. To achieve this research objective, the authors first identified the causal relation between the expansion of urbanization and conflicts over land expropriation in China through the empirical analysis method, and found that the expansion of urban geographic space has led to an increase in conflicts over land expropriation and that the land expropriation compensation system is the key to alleviating such conflicts. Secondly, by interpreting and summarizing the compensation standards for land expropriation in China’s legislation texts and judicial judgments through normative analysis, this article finds that the compensation standards for land expropriation currently adopted by the people’s courts of China are pluralistic and conflict with those in the legislation text. This article concludes that if land expropriation in urbanization leads to an infringement of civil liberties which results in a special sacrifice of citizens, such special sacrifice should be justly compensated. To effectively mitigate the conflicts concerning land expropriation in the urbanization process, China should build a unified compensation standard for land expropriation under the guidance of legislative text in the future, achieve a reconciliation between the doctrinal and practical compensation standards for land expropriation, and support the rule of law to guarantee the sustainable development of urbanization.
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