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对乏燃料进行贮存,是当前形势下核能发展必须采取的核安全保障措施。《乏燃料安全公约》为乏燃料贮存管理建构了比较理想的法律框架,确立了保障核安全的预防理念及责任理念。乏燃料产生量最多的美国制定了比较系统的乏燃料管理规则,对我国乏燃料贮存管理立法具有较强的借鉴意义。我国乏燃料贮存管理立法必须将核安全理念与乏燃料贮存管理实践相结合,树立乏燃料贮存管理的风险预防理念、明确相关主体的责任、构建乏燃料贮存基金制度,以确保我国核事业的可持续发展。
The storage of spent fuel is a nuclear safety measure that must be taken for the development of nuclear energy in the current situation. The “Convention on Spent Fuel Safety” has established an ideal legal framework for the management of spent fuel storage and established the concept of prevention and the concept of responsibility for ensuring nuclear safety. The United States, which produces the largest amount of spent fuel, has formulated a relatively systematic regulation on spent fuel management, which is of great reference to China’s legislation on spent fuel storage management. China’s legislation on spent fuel storage management must combine the concept of nuclear safety with the practice of spent fuel storage management to establish a risk prevention concept for spent fuel storage management, clarify the responsibilities of relevant actors, and establish a system of spent fuel storage funds so as to ensure that the nuclear industry in our country Continuous development.