Research On The Legal Protection Of Clean Production

Cleaner production is an environmental protection concept with the principle of source control and prevention as the core,which is different from the traditional end treatment in the past.Under the development concept of circular economy,changing the original extensive development mode and gradually evolving from end-to-end treatment to comprehensive pollution control measures of source reduction and full process control is the best choice for China to realize the effective unification of economic construction,social construction and ecological civilization construction.However,the promotion of cleaner production is facing many problems,and its current situation is not ideal.There are two main reasons for this: Firstly,as the main body of cleaner production,enterprises believe that the implementation of cleaner production will increase their own operating costs,and will be in a disadvantageous position in the competition,resulting in poor initiative in implementing cleaner production,and lack of necessary understanding of the nature of cleaner production,leading to enterprises.The level of awareness of cleaner production is generally low.Secondly,the legal system of cleaner production in China is not perfect,which is a more fundamental problem.Its main manifestations are: firstly,the dual separation model is not conducive to the smooth implementation of cleaner production,the legal system has its own independent scope of supervision,unable to effectively manage from the overall perspective;secondly,the mandatory nature of the new law is still not strong,unable to form an effective deterrent;thirdly,strong principles and weak operability,inefficient implementation;Fourth,the lack of strong and powerful specialized law enforcement agencies,weak sense of responsibility,leading to the failure to respond effectively to major emergencies.Strengthening the legal guarantee of cleaner production is an effective way to break through the plight of cleaner production.Specific suggestions are as follows: First,promote the dual integration of legislative model,from the legal system level,to protect the production relationship of "pollutants and wastes generated in the last cycle phase into energy and raw materials in the next cycle phase" and effectively link the independent regulatory scope of the legal system.The second is to strengthen the construction of the quantitative system of cleaner production auditing,in addition to training services,total control,and more stringent index value auditing,using digital scoring directly reflects the enterprise's environmental friendliness;the third is to improve the relevant laws and regulations of cleaner production,and promote local formulation of relevant laws and regulations.Regulations and policies,to achieve partial governance of local problems;Fourth,the establishment of a strong and dedicated law enforcement agencies,local environmental protection departments will be integrated,the unified exercise of corresponding responsibilities,to deal with all kinds of problems.