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核能管制機關作為獨立機關之法制與實務研究:借鏡本國獨立機關之建置與運作經驗
Technical documentation

核能管制機關作為獨立機關之法制與實務研究:借鏡本國獨立機關之建置與運作經驗

曉玲 翁 and 秉正 鍾
01/04/2020

Abstract

行政院原子能委員會;核能安全委員會組織法草案;獨立機關;核能安全管制;國際原子能總署;Nuclear Safety Commission;Atomic Energy Council;Independent agencies;National Communications Commission;International Atomic Energy Agency;IAEA Safety Standar

In May 2018, the R.O.C Executive Yuan proposed the "Draft Organic Act of the Nuclear Safety Commission." As this organizational reform involves changes in the attributes, organizational rank, powers and tasks, and supervision capacity of regulatory agencies, it will have a significant impact on Taiwan’s nuclear safety control mechanism. This research first introduces the legal system and operating experience of the four most important independent agencies of the R.O.C-namely, the National Communications Commission, the Fair Trade Commission, the Central Election Commission, and the National Transportation Safety Commission, with a view to providing their actual operating status for reference by the Nuclear Security Commission. Secondly, based on the composition and competence of nuclear security control agencies in the United States, Canada, Britain, and Japan, and explore the regulatory requirements established by an international organization for an effective nuclear safety control agency, it is expected that the reformed Nuclear Safety Commission will meet international standards. Finally, this research is to analyze the regulations of the "Draft Organic Act of the Nuclear Safety Commission " and propose amendments to the draft, with a view to improving the organizational norm and management mechanism of nuclear safety control and promote the efficiency of nuclear energy safety control.

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