2023年8月24日，日本正式开始向海洋排放核污染水。日方行为将对海洋生态、国际环境、民众安全、经济发展及全人类共同福祉造成严重危害。尤其给周边国家带来多方面危害。就我国而言，引发对我国水产品质量的预期减弱，影响我国产品出口，为渔业经济发展造成负面效应。

对于日本排污入海的行为，有必要追究它的国家责任，可以从违法行为的国家责任和损害赔偿责任两个方面研究，并探讨日本承担国家责任形式、免责事由以及责任履行等问题。

首先，日本排污入海行为满足国家不法责任的构成要件。其行为可归因于国家；其具体行为违反了《联合国海洋公约》《核安全公约》《防止倾倒废物及其他物质污染海洋公约》及其议定书与《核事故或辐射紧急情况援助公约》，且不存在免责事由，故理应承担停止不法行为、抵偿等国家责任。

其次，对于日本排污入海行为，当前国际法规制尚有不足，具体包括公约规定不足、取证举证及因果关系证明存在难度、争端解决机制适用存在障碍等问题。尽管如此，依然有必要探讨从损害赔偿角度出发追究日本排污入海的国家责任。

最后，本文尝试提出解决上述问题、完善国际法相关规制的路径和建议，包括推动国际社会从政治外交方法、法律方法等多层面发力。其中，在立法层面需要明确排放许可主体资格与争端解决程序；在司法层面，可考虑通过国际海洋法法庭附件七仲裁程序、国际法院等途径展开维权，于国内可基于《外国国家豁免法》诉诸国内法院。同时，我国需要引以为鉴，在核能领域要加强管控，从源头上避免出现日本类似问题。在当前百年未有之大变局的时代背景下助力“绿色接力棒”代代相传。

On August 24, 2023, Japan officially began discharging nuclear-contaminated water into the ocean. Japan's actions will cause serious harm to marine ecology, the international environment, people's security, economic development and the common well-being of all mankind. In particular, it has brought harm to neighboring countries in many ways. As far as China is concerned, it will lead to the weakening of the expectation of the quality of China's aquatic products, affect the export of China's products, and cause negative effects on the development of the fishery economy.

It is necessary to investigate the state responsibility of Japan's act of discharging sewage into the sea, and it can be studied from the two aspects of state responsibility for illegal acts and liability for damages, and the form of Japan's state responsibility, the reasons for exemption from liability, and the performance of responsibility can be discussed.

First of all, Japan's act of discharging sewage into the sea satisfies the constitutive elements of the state's wrongful responsibility. His specific acts are in violation of the United Nations Convention on the Ocean, the Convention on Nuclear Safety, the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, and there is no exemption from liability, so it should bear State responsibility for cessation of wrongful acts, satisfaction, etc.

Second, despite the difficulties in adducing evidence, it is still necessary to explore the possibility of pursuing Japan's liability for discharging sewage into the sea from the perspective of the liability for damages. Thirdly, there are still deficiencies in the current international legal system for Japan's discharge of pollutants into the sea, including insufficient provisions of the Convention, difficulties in obtaining evidence and proof of causation, and obstacles to the application of the dispute settlement mechanism.

Finally, this paper attempts to put forward ways and suggestions to solve the above problems and improve the relevant regulations of international law, including promoting the international community to exert efforts at multiple levels such as political and diplomatic methods and legal methods. At the legislative level, it is necessary to clarify the qualifications and dispute resolution procedures of emission permits, and at the judicial level, it is necessary to consider protecting rights through the arbitration procedure in Annex VII of the International Tribunal for the Law of the Sea and the International Court of Justice, and in China, it is necessary to resort to domestic courts based on the Foreign State Immunity Law. At the same time, China needs to learn from this and strengthen control in the field of nuclear energy to avoid similar problems in Japan from the source. In the context of the current era of great changes unseen in a century, we will help the "green baton" to be passed on from generation to generation.