The Study Of Legal Institutions On The Electronic Wastes Recycling And Treatment In China

With the rapid development of electronic information industry,a variety of new electronic products emerge in an endless stream.The shorter replacement of various electronic products is,the more electronic products are abandoned.Not only does electronic waste have the influence on the city development,but also has the huge influence on the environment.On one hand,electronic waste will cause pollution to water,soil and other environmental factors.Improper disposed electronic waste will be more harmful to human health.On the other hand,because of the electronic waste's resource characteristics,it makes an important raw material source for resource recycling industry.The recycling and disposal of electronic waste can promote the continuous development of the recycling economy industry.Our country has made its own efforts to solve the problem of electronic waste.In legislation,a series of environmental laws and regulations such as clean production promotion law,solid waste pollution environmental protection law and circular economy promotion law have been promulgated.Protection of e-waste recycling from the legal level.On the policy,since the eighteen,the Party Central Committee and the State Council promulgated several policy systems,such as the implementation of the extended policy of producer responsibility and other policy principles,to provide policy support for e-waste recycling disposal.This article focuses on the electronic waste recycling and disposal,from the subject of obligation,recycling construction and legal liability system and incentive system to analyze the electronic waste recycling and disposal in China legal system these three aspects,and the corresponding problems suggestions.This paper is divided into five parts to discuss the legal system of e-waste recycling and disposal.The first part is an introduction,which mainly introduces the background of the topic,the research status at home and abroad,research methods and innovation.The second part is an overview of electronic waste recycling and disposal of the legal system,the main content is to introduce the electronic waste definition and its three characteristics,which are high technology on the number of high growth and high possibility of environmental pollution and disposal requirements,the three major theoretical basis as the electronic waste recycling and disposal:recycling economy theory,risk prevention theory and responsibility theory,in accordance with the law level of current relevant laws and regulations of electronic waste is introduced and the necessity and feasibility of perfecting the legal system of electronic waste recycling and disposal analysis.The third part of the foreign legal system of electronic waste recycling and disposal are analyzed,mainly on the relevant provisions of the European Union,the United States and Japan electronic waste recycling and disposal of the in-depth analysis,found that the foreign system of flash point.The foreign related legal system from the research in three to where we can learn from,respectively,to establish and improve the system of extended producer responsibility,give full play to the role of government in the construction of recycling disposal and recycling system of scientific and reasonable.The fourth part is the analysis of defects of electronic waste recycling and disposal in China legal system of China's electronic waste recycling and disposal of the legal system is the first main responsibility and fulfill the provisions is not perfect,including producers,consumers,government and other social organizations four main responsibilities and fulfill the provisions is not perfect,followed by the multi-channel recycling system construction the unreasonable,two aspects including recycling mode and unreasonable payment mechanism is missing,and finally provisions of the legal liability system and the incentive mechanism is not perfect.Mainly from the content of legal responsibility and incentive mechanism content.The fifth part is the combination of China's e-waste recycling legal system defects and the advantages of foreign institutions,put forward specific suggestions for improvement.The first is to perfect the main responsibility,to improve the producer responsibility according to distinct phases of product life cycle,in accordance with the central and local division of the two levels of government to improve the government responsibility,in accordance with the role of consumers and other social organizations in the recycling of electronic waste disposal in perfect.Secondly,the improvement of the recycling system requires the establishment of a reasonable recycling model and a scientific payment mechanism.Finally,the legal liability system and incentive mechanism are supplemented and perfected,respectively from the two aspects of the sanction and compulsion of the legal responsibility content and the encouragement to the consumers and producers.