Study On The Legal Countermeasures To The E-waste Recycling In View Of Market Mechanism

With the development of the social economy,an explosively sharp increase in the number of e-waste.Since e-waste has a two-sided nature,recycling handled properly can win to achieve economic growth and environmental protection in the "junk Besieged City.Currently,the e-waste recycling presents a situation which is huge number and channel chaos in China.The reasons,are mainly the "market failure" and "government out of position".Starting from the perspective of system construction,the e-waste recycling has been carried out along the trajectory of the market.Although the e-waste recycling is incorporated into the market mechanism,but legislation still exposes many defects and shortcomings.Combining foreign advanced legislative experience about the e-waste recycling with actual situation in China,we should improve the extended producer responsibility system;oriented to differences,form a multi-party recovery system,use economic instruments to stimulate recycling which are market-driven,in order to establish a government regulation mode which is market-oriented.The main structure of the context of this paper are as follows:“Preface”,is the starting point and the background of this research.Based on the literature,this chapter described the purpose and significance of the problem,research methods and innovation.The second part is “analysis of the e-waste recycling's current situation in China”.Through investigation and analysis on the e-waste recycling's current situation,and some relevant data and materials,pointed that huge number and channel chaos are practical difficulties.Finding reasons starts from the problems,so this section analyzed why so difficult to overcome the difficulties of e-waste recycling from two aspects of "market failure" and "government out of position".Causes determine countermeasures,so identify the reasons for this is an important foundation to explore the legal countermeasures of e-waste recycling.The third part is “legal analysis of the e-waste recycling's current situation in China”.It is the key,and it described the construction of the system in the field of e-waste recycling andanalyzed at the legislative level.Easy to find,existing e-waste recycling legislation revealed the following issues: firstly,the legislative level is low,law focuses on deal with;secondly,the responsibility system is not complete;thirdly,administrative concentrated color;fourthly,not enough to stimulate interest;fifthly,supporting measures inadequate.The fourth part is “foreign reference of the e-waste recycling legislation”.It introduced the legislative practice and advanced management experience of foreign e-waste recycling.This section discussed from three aspects of the producer responsibility system,multi-party liability economic instruments and market-sharing mechanisms.By reference to the experiences,should improve the extended producer responsibility system;oriented to differences,form a multi-party recovery system,use economic instruments to stimulate recycling which are market-driven,in order to establish a government regulation mode which is market-oriented.The fifth part is “legal measures of the e-waste recycling's current situation in China”.It is the most important part,and it put forward concrete ideas on legal countermeasure of e-waste recycling in view of market mechanisms.Under the shortcoming of our e-waste recycling,it come up with legal countermeasure suitable for China's e-waste recycling:perfecting a multi-party responsible mechanism with government regulation;using of recovery means which is to stimulate benefits;and improving other related systems to e-waste recycling as a complementary.The last part is “epilogue”.It carried out a comb from writing the whole text.