Research On "Ban On Free Plastic Bags" From The Visual Angle Of Ecology And Economic Law

While offering convenience to people,plastic bags have also caused severe white pollution to the environment.To relieve the pollution,the General Office of the State Council has promulgated the ban on free plastic bags.Since issued,this ban has drawn much support from the public,and aroused people's enthusiasm to environmental protection.However, there're few persons questioning the legality and rationality of the ban on free plastic bags.In fact,it's far from enough to abate white pollution just by people's passion;what we really need is rational thinking and scientific decision.In view of the fact previously mentioned,the paper does a comprehensive study of the ban on free plastic bags based on ecology and economic law,analyzes the ban objectively,and thereby gives a rational view on the ban for its technical rationality and legislation trend.The paper expounds along the principal line of problem posing,micro interpretation, analysis using economic law and suggestion proposing,with three implicit lines,i.e. conception,technology and legislation.By this means,it is hopeful to analyze the ban on free plastic bags completely and objectively.The first part of the paper discusses the technical rationality of the ban by the knowledge of ecology.It does a deep analysis on the ban's technical rationality by asking three questions: 1.why do we forbid plastic bags? 2.Why are only plastic bags charged for? 3.How could the goal of using degradable plastic bags and recycle advocated by the ban be achieved? By answering these questions,we will come to following conclusions:1.Plastic bags are not the source of white pollution;2.If only plastic bags are banned,it's probable to cause severer environmental pollution;3.The outcome of the ban contradicts the original intention of the policy maker.This part is intended to support the analysis by economic law in the second part.The second part of the paper discusses the rationality and legality of the ban on free plastic bags by economic law.By the study on conception and legislation,I believe that the heavy use and careless disposal of plastic bags aggravate the environmental pollution and resource waste;whereas the environmental problem is a typical manifestation of the market failure.When the regulation by the market mechanism cannot cope with the problem,it is inevitable for the govemment to intervene.As a result,the ban on free plastic bags is issued. Although its original intention is positive and welcome,the ban reflects some problems of the administrative intervention in China.Firstly,it shows the absence of the precautionary principle in government intervention.The absence brings the government the radical attitude to the intervention of the environmental problem.The hastily issued ban,which has questions on technique,is the outcome of the radicalization.Secondly,another problem reflected by the ban is that the rationality and legality of the administrative intervention are not considered heavily.Even though the ban on free plastic bags lacks sufficient scientific character on technique and misses the goal of abating white pollution,it is still approved by the government,which shows insufficient evaluation on rationality of the intervention;the ban is issued in the form of notice by the General Office of the State Council,while it is authorized the force of law,which calls in question on the legality of the administrative intervention.The third part of the paper proposes suggestions and measures to related problems.I believe that by the lesson of the ban on free plastic bags,when performing administrative intervention for environmental protection,the government should comply with the precautionary principle,seek a technically practical and economical intervention program, improve and follow the legislation of scientific proof for protecting ecology and environment.