The Legal Regulations Of Recycling Utilization In Construction Waste

Construction waste is the important part of municipal solid waste, and it is composed of waste soil, spoil materials and other waste, which is the byproduct in building, rebuilding, extension building and demolishing the building, structure, pipe network. With Chinese urbanization process developing, environmental issue becomes more and more severe, and especially construction waste has aroused the community and the government's attention.The thesis firstly analyzes the environmental problem that is lead by construction waste; indicate that construction waste need separately recycling and disposal. So recycling economic model is the better way that we can use for reference. The idea of recycling economic is the practical mode of sustainable development strategies and it achieves a revolutionary leap compared with the traditional model of economic growth. China's recycling economic practice initially began in the industrial field, and the solution the problem of construction waste using it is still at the fledgling stage. So it has important practical significance to push the theory and practice patterns in disposing construction waste. But we lack powerful measures in the disposal basing the recycling economic theory, so the legislation is put on the agenda as a guarantee.The current legislation of the disposal of municipal solid waste cannot suffice the need of construction waste disposal, so a special legislation for the recycling of construction waste is necessary. Through investigating the recycling construction waste in some developed countries, author summarizes successful experiences in dealing with construction waste using legal means, which includes: it is a prevalent practice of supporting recycling by lawmaking in developed countries; The cyclical economy and the theory of sustainable development are the guiding ideology of special legislative in these countries; the compensation mechanism for the market-oriented enterprises is crystallized in law; the recycling cost-sharing mechanisms is established.At the same time, author demonstrates and analysis the insufficiency of the law on the construction waste recycling, further expounds the necessary of legal regulation on construction waste recycling and suggests a proposal of the legal system on construction waste recycling. The author believes that establishing the legal system of construction waste recycling should be based on the theory of sustainable development, recycling economy and cleaner production, and the disposal should be a positive reaction model of source control and whole course control. We should promote the cleaner production, establish the new development mode of the building industry, and at the same time satisfy the need of pollution control and recovery of resources, fully fulfils the "reduction, reuse, recycle" goal, the principle of beneficiary compensation, equality and cooperation and public participation. Specific proposals in the legal system include the construction waste declaration and management system, the source classification management system, the sound and resources management system, and the use incentive system of recycled products.