构建整体性核治理：中国原子能法在风险规制与产业促进中的统合作用

摘要

Nuclear energy development requires a legal framework that regulates risk and promotes the industry within one coherent design, yet the two objectives are commonly governed by separate bodies of law. In September 2025, China enacted the Atomic Energy Law (AEL), the first basic law to unify the statutory foundations of its nuclear energy activities. This article examines how the AEL constructs holistic nuclear governance, using an analytical framework comprising three components: systematization, comprehensiveness and balance. As a matter of legal design, the AEL consolidates norms previously dispersed across nuclear safety, security and non-proliferation, places instruments of risk regulation and industrial promotion in a single statute, and makes safety a binding precondition of development rather than a consideration within it. Effectiveness, however, does not follow from enactment: in each dimension the statutory achievement depends on subordinate rule-making and procedural design, from coordination between the independent safety regulator and the other departments charged with nuclear supervision to the operational content of promotional provisions and the terms of nuclear damage compensation. Therefore, for other nuclear states, the framework is a diagnostic instrument, not a template to be copied.