2018 Annual Meeting

Presentation information

Oral presentation

I. General Issues » General Issues

[1J01-04] Nuclear Energy and Law

Mon. Mar 26, 2018 10:50 AM - 12:00 PM Room J (U3-211 -U3 Building)

Chair: Tomoaki Inamura (CRIEPI)

10:50 AM - 11:05 AM

[1J01] Nuclear Power Trials, Issue and Arguments

(1)Problems of Jurisprudence of Nuclear Power and Its Issues

*Hiroshi Horiike1, Hiroshi Miyano2, Harukuni Tanaka3, Takahiro Suzuki4, Takashi Murata5 (1. Fukui University of Technology, 2. Hosei University, 3. Japan Nuclear Fuel Limited, 4. International Law Association, 5. Yokohama City University)

Keywords:case of lawsuits, injunction request

The trial is a binding judgment to the parties according to the statutory form to resolve, adjust and resolve reoccurrence, conflict, conflict in social relations. However, it does not inquire about the success or failure of science and its validity with the accuracy primarily intended to solve the conflict between the parties. In the trial, including judgment of the judge, it can only be judged only on the basis of which kind of reason is legally. Sometimes it is pointed out that there is an error in the examination and judgment of the safety of the executive branch including part of the legal process. Especially focusing on the part judged as an error, we analyze how it is pointed out.