Research On Legal Issues Of Urban Construction Waste Disposalin China

In recent years,under the background of land resource shortage and high land price in urban areas,the disposal capacity of construction waste in urban areas is obviously insufficient.In this case,driven by interests,some of enterprises or individuals are intend to deal with the construction waste illegally or improperly,which causes the serious environmental pollution spotting around a city over the country,even endangers the public security.Consequently,to perfect the legal system of urban construction waste management in our country,it has to consider how to save resources,improve the utilization rate and prevent construction waste from the source of urban construction waste discharge.Meanwhile,it is an inevitable choice to promote the development of circular economy to pay more attention to the innocent treatment of urban construction waste at the discharge end,protect the ecological environment and achieve sustainable city development.This thesis presents the problems in construction waste disposal of urban areas in China previously,then analyzes the systematic causes of these problems on the aspects of legislation,administrative supervision and public supervision,and at last puts forward the suggestions to solve the problem.This thesis is divided into three parts except introduction and conclusion.Part one points out the problems in urban construction waste disposal in china.Firstly,the paper explains and classifies the construction waste;secondly it analyzes the present situation of our country's urban construction waste disposal in details;and finally,points out the specific problems in urban construction waste disposal in China at the current development stage,such as lower recycle utilization,land resources occupation,illegal dumping,lower treatment level of separate collection and the security risks.Part two analyzes the causes to the problems of urban construction waste disposal in china.Firstly,from the aspect of legislation,the thesis points out that lack of legislation control is the cause to the problems of urban construction waste disposal in China,and then analyzes it form the aspects of legislation guiding ideology is lack of forerunner,the penalty provisions are improper for illegal disposal of construction waste,and there are problems in responsibility definition;secondly,from the aspect of administrative supervision,the thesis points out that the absence of government's leading role is the main cause to the problem of urban construction waste disposal in China,and analyzes it in depth from three aspects which are the absence of administrative planning,of initiative and of management.At the same time,it also discusses the problems of absence of legal basis for law enforcement;finally,it explains the absence of public participation from the aspect of legal supervision,especially the absence of public participation procedures,bad decision-making efficiency in public participation,which also contribute to the problems on urban construction waste disposal.Part three proposes the countermeasures to the problems of urban construction waste disposal in china.Firstly,from the aspect of legislation,it puts forward to perfect the legal system of urban construction waste disposal,including to perfect the separate collection and recycling system of the urban construction waste,clear define the legal responsibility of the person liable to the urban construction waste disposal.Secondly,from the aspect of administrative supervision,it particularly points out the critical importance that the government should play a leading role in promoting the development of circular economy in China,and proposes corresponding suggestions on how to clear define the subject of law enforcement;finally,it points out,to deal with China's construction waste disposal problems,it has to strengthen the legal supervision of city construction waste disposal,such a massive publicity of environmental protection and an improved public participation system.