Study On The Legal Regulation Of Hazardous Waste In Domestic Cross Administrative Region Transport

The rapid growth of China’s industrialization has led to a continuous increase in the amount of hazardous waste.Due to the modernization differences between every region,the insufficient disposal capacity of hazardous waste in some areas caused high cost,while other areas’ exceeding capacity cut down enterprises’ profit in disposal as well as efficiency.Enterprises who produce hazardous waste will transport it across the administrative borders in domestic after balancing the legal obligation to dispose it properly and enterprises’ ultimate goal to gain profits.The thesis starts from a definition of domestic cross administrative region transport,reviewed the laws and national mandatory requirements of China,and discusses the imperfect regulation system of cross-region transport of hazardous waste,which includes the defect of law principles,lacking in related laws,the repeating legislative work of the provincial government,the deficiency in duty of care of transporting party,the defective approval procedures,and lastly the inadequacy of administrative and public supervision.From the perspective of environmental ethics,the thesis believes that the transport of hazardous waste is essentially a transfer of pollutants,causing environmental unfairness to the receiving region while lacking in corresponding remedy measures.Based on unreasonable costbenefit balancing of government such as local protectionism,government department that exercises administrative supervision power often approves negatively for the transport of hazardous waste across administrative regions due to excessive discretionary powers,which has caused an imbalance between supply and demand in the hazardous waste disposal market and restricted a market’s function to allocate resources efficiently.With the help of relevant economic theories,the thesis discusses the dilemma of Adverse Selection and the cost of legal compliance of enterprises in the situation.This thesis believes that the current unreasonable legal regulations have created obstacles to the lawful utilization and disposal of hazardous wastes,which aggravated both the risks of hazardous waste storage and companies seeking illegal disposal on purpose.At the same time,in the case of ineffective supervision by administration,the lack of a public supervision system has to some extent connived the illegal dumping of hazardous waste.As for the improvement of legal regulations,this thesis makes a value judgment on the draft of management measures in formation from semantics and social facts.The Proximity Principle and the discourage-transfer principle are to some extent unreasonable and this thesis proposes establishing principles of utilization in priority and entire proceeding supervision.It is recommended to complete related national/local laws and regulations on the base of principles above,revise the Circular Economy Promotion Law and other laws in due course,clarify the obligations of local government to supervise as well as promoting the circular economy,and establish an informatization-based full-process administrative supervision system,a public participation system and a system that introduces third-party environmental supervision agencies.To ensure the reasonable disposal of hazardous wastes and achieve the goals of prevention and control hazardous waste.The thesis proposes to lay more obligations on companies to increase their illegal behavior cost and promote the utilization of hazardous waste resources to reduce the lawful behavior cost.Strengthen the informatization-based full-process is also required to increase the difficulty of violating laws and regulations.