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On perfecting the legal system of circular economy

Author: WeiZuoJing From: www.yourpaper.net Posted: 2010-06-01 10:05:10 Read:
Keywords: paper recycling economy legal construction of     ; experience; enlightenment
Abstract: the development model of circular economy is the highest form of a new road of industrialization, is also the human to realize a new mode of economic operation of sustainable development.Based on the analysis of the developed countries on the basis of the construction of circular economy legal system, expounds the basic principles of the establishment of China's legal construction of circular economy, and puts forward some ideas of establishing and perfecting the legal system of circular economy.
Recycling economy development model is the highest form of new Ding Yehua Road, also is the human to realize a new mode of economic operation of sustainable development.Some developed countries to circular economy as the development strategy of the country, and make confirmation, promotion and protection in legislation.The Chinese government also put forward, to establish and promote the development of circular economy laws and regulations system as soon as possible.Therefore, it has important meaning of theoretical thinking on problems of China's circular economy legal system construction.
Experience of , the developed countries the legal construction of circular economy
The earliest of the circular economy legislation of the countries in the world are Germany, as early as in 1978, Germany will push m "Blue Angel" plan, formulated the "waste disposal law" and "electronic products back to the system".In 1994, Germany enacted in the world of the "circular economy and waste removal method", the law has been revised in 1998.After 1998. The German government according to the "circular economy and waste removal method" and has formulated the "waste" (1999), "the federal water and soil conservation and old waste law" (1999), (2OO1 forest economy years of legal logging limit orders "(2000)," the community garbage in accordance with environmental protection and placement of garbage disposal field make "(2001)," continue to promote the ecological tax reform law "(2002)," forest reproductive material law "(2002)," renewable energy law "(2003) and a series of laws and regulations, the legal system so as to establish a relatively perfect on the circular economy.In addition, other European countries have formulated or revised the waste management law of its own, such as Denmark formulated the "waste disposal law"; Norway government amended the "waste electrical and electronic products management law" in 2003, expanding the subject of circular economy responsibility; Sweden in 1994 passed on packaging, tires and waste paper "producer responsibility" law, and has formulated the producer responsibility laws and regulations about cars and electronic appliances.
Many other weeks home of different levels have formulated relevant environmental legislation, enrich the legal system of circular economy.For example, the United States in 1965 of the "solid waste disposal act", has been revised five times in 1976, 1980, 1984, 1988, 1996, improve the information disclosure, including report, renewable resources, recycling demonstration, technology development, recycling standards, economic stimulus and priority in use, occupation protection, civil litigation and other solid waste recycling the legal system.Also, Japan is a resource poor countries, long-term since, its resources mainly rely on imports from abroad.Therefore, Japan pays special attention to the economical use of resources, has formulated a series of laws to conserve resources of circular economy, so as to build a relatively perfect legal system of circular economy.Japan in 1991 formulated the "recycling Ordinance", in 1992 formulated the "waste clearance condition amendment", in 2000 adopted the "recycling-oriented society to promote the formation of the basic law", "to promote the effective utilization of resources law", "household appliances recycling law", "environmental protection law", "food to buy food circulation recycling of resources promotion law", "building materials recycling law", "container packaging recycling law", "green purchasing law", "waste disposal law" and a series of laws and regulations.
The basic principles of
two, the establishment and improvement of China's legal system of circular economy
Environmental safety and resource efficiency is the common value of circular economy law in many countries.Environmental safety and resources efficiency mainly depends on the principle of giving priority to prevention, recycling, disposal principle, rational principle of separate duties suitably principles permeate circular economy law.Control in advance prevention priority principle emphasizes waste, is the embodiment of the resources and environment thought of positive prevention; as the core of the basic principle of circular economy law, reusing principle is the essence of "turn material resources to good account"; managing reasonably principle to take appropriate measures to reduce not to eliminate waste through recycling method of environmental hazards; separate duties suitably principle to make circular economy in the main adaptation and its commitment to the identity of the different legal obligations.
1, the principle of giving priority to prevention.In production, service, make full use of the raw materials, energy consumption and product, is produced as by-product from objects, minimize, to control the resources and environment from the source of the problem.Prevention priority principle requires the rule of law design helps to promote the product volume small, the quality of the products of the light, the functions of the product increases and product packaging reduction, to reduce waste emissions.Show that the principle of priority of prevention of environmental law, environmental law is not limited to resist threatening the harm and elimination of damage has been generated for the environment, but to prevent the environmental and human hazards; the main purpose of the principles of risk response is not the immediate, its primary function is in no danger, or there may be preventive for "people" to be protected or on ecological landscaping.This concept is also applicable to the circular economy law.The modern environmental problems before, had various consumption, or idea and practice, but the economic utility of waste, the main focus on the resources and products, and the modern legal system, but also to highlight environmental safety.Equipment material cycle, production of less waste products and guide consumption less waste, less harmful products is the crucial way to prevent priority principles.Prevention priority is the risk control in the future, and create the planning and preservation of the environment for future generations of space and the principles of resource, it is mainly based on the circular economy law to achieve environmental security and the efficiency of resource value.
The principle of giving priority to prevention have actively to achieve environmental security and the efficiency of resource value.Corresponding with the disposal after the priority principle emphasizes prevention, control of waste, is a kind of resources and environment thought of positive prevention.The beginning of the formation of environmental law, serious pollution and ecological damage recovery; and the modern environment law, especially the recycling economy law, not only the idea and the system has undergone fundamental change.
2, recycling principle.In the production process, for the formation of service, consumption of waste as much as possible to continue to be used, until the lost use value.Reflection of "3R" and "4R'" principle of reuse, recycling, recycling, resource, harmless, reorganization "is the principle of circular utilization.As the core of the basic principle of circular economy law, recycling requirements of the principle of circular economy law system arrangement should be conducive to "turn material resources to good account", especially the raw materials and products to maximize the function in the repeated use of.
3, the principle of reasonable disposal.Take appropriate measures to reduce not to eliminate waste through recycling method of environmental hazards.Utilizing waste prior to disposal, however, when unable to reuse, recycling, thermal recycling of waste, in order to protect the ecological environment, we must take appropriate measures to weaken, or even remove the adverse effects, or further excavate its value in use.Reasonable disposal principle is the formulation and implementation of circular economy law should help timely, proper disposal of waste.The environmental safety of both resource efficiency is a basic rule of waste disposal should follow.
4, separate duties suitably principle.The implementation of circular economy law environment safety and efficiency of resources value realization based on the circular economy law, and its effective implementation is inseparable from the active participation of subject.Participants in the implementation of circular economy law can be divided into the government, operators (including the representative organization), the public (including representative organization), but the circular economy participants assume different legal obligations should differentiate, which separate duties suitably principle.The legal arrangements for the principle embodied in the various countries'.Japanese law emphasizes, "in order to build a recycling-oriented society, must make the country, local governments, enterprises and the public to take the necessary measures in the premise of reasonable to assume their responsibility, and make it fair and reasonable burden required to take measures to charge"; but, also the detailed division of the government, enterprises and the public responsibilities.Circular economy law since it is a system of legal norms, governments promote development of national recycling economy law so, its corresponding institutional arrangement should follow this spirit, the government, operator, consumer behavior is defined in a proper range, which cooperate with each other, no mutual interference.
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