| Summary: | 碩士 === 國立高雄第一科技大學 === 科技法律研究所 === 104 === In view of the Fukushima nuclear power plant disaster in Japan caused by the 311 earthquake events in 2010. Radiation damage of environmental pollution caused by the disaster and the follow issues of radiation dose standards in import merchandise. Based on the national obligation, the state must take the necessary protective measures to maintain the health life to people. At this stage, radiation safety still is an uncertain con-cern. The precautionary principle is a protected thinking before danger beginning, the intention is not to want to hazard protection mandatory legal effects occur. Characteris-tics of precautionary principle although there is the possibility of imagined danger, but due to limited available scientific knowledge can`t be pre-set inevitability of the un-known. However, the risk threshold has been determined in advance to launch the fol-lowing national authority prevention. With respect to the precautionary principle, based on radiation protection interventions taken, whether you can completely negate the dan-ger, which for the sake of the price to pay for protection, meets the expectations of soci-ety?
Our study aims to Taiwan Ionizing Radiation Protection Act and discusses the conception of the kernel of ionizing radiation protection, its focus is the uncertainty of ionizing radiation risks, against the cause substantial burden for social and psychological levels. Want to prevent this risk we must aim to the source of risk, that is the role of ionizing radiation in modern life today, and depth studies the implications of the precau-tionary principle and related applications. We point out that: faced the risk society by the high-tech demand caused, state must have the ability to perform the task of risk pre-vention, control the process but not so in violation of the principle of the rule of law, and freedom of human right.
The study found three results, that is taking deliberative democracy to educate people to enjoy the benefits must bear the consequences, and understanding the correla-tion between economic development and nuclear power operation, and long-term planning for the radiation safety operator training, as this can reduce the effect of the radiation safety impact. The risk of ionizing radiation brings the prevention of challenges faced to explore how the state right to promote the policy of sustainable development. The implementation of transitional justice for nuclear waste disposal and the risk of nu-clear disaster prevention and the implementation of the compensation law, thereby al-lowing people have a correct understanding of nuclear energy application without the involvement of the social sphere and there will be an excessive unconstitutional danger. In this regard, each act practice determined has no unconstitutional, thus proving to the radiation safety control practices discussed in this article, not only in the prevention ob-jectives of the risk management but also meet the requirements of the principle of the rule of law.
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