Study On The Legal System Of Classified Management Of Municipal Solid Waste In China

The concept of "waste classification" was first written into "Law of the People’s Republic of China on the Prevention and Control of Domestic Waste Pollution Environment" in 1995.The item of compulsory classification was added in 2019,and 46 key cities represented by Shanghai issued mandatory regulations on the classification management of domestic waste,thus China launched the classification of domestic waste in cities above prefecture level around the country.Facing the new trends at the market,how to improve the classification management system of domestic waste,coordinate the participation of various parties,and improve the utilization rate of waste resources has become the task at this stage.Based on the theories of environmental rights,circular economy and burden of the cause,and the research methods of content analysis,comparative study,questionnaire and field visit,this paper aims at the problems existing in the legal system of classified management of municipal domestic waste,such as the lack of national special legislation,the expansion of administrative power of the government,the emphasis on fees rather than taxes and the imperfection of corporate responsibility.And potential solutions are proposed from four aspects: unify national special legislation;introduce market mechanism;collect waste tax and improve the enterprise responsibility.The research framework of this paper is divided into four parts: The first part generally introduces the legal system of urban domestic waste classification management,including the definition of relevant concepts of the legal system of urban domestic waste classification management,the theoretical basis of the legal system of urban domestic waste classification management and the necessity of urban domestic waste classification management.The second part briefly conclude the current investigation and problems of the legal system of the classification management of urban domestic waste in China.This chapter starts vertically from the legislative status of the classification management of domestic waste,and then clarifies the rights and obligations of each subject in the legal system of the classification management of urban domestic waste horizontally.On this basis,this paper examines the problems existing in the legal system of classified management of municipal domestic waste,which refers to the lack of national special legislation,the expansion of administrative power of the government,the emphasis on fees rather than taxes,and the imperfection of enterprise responsibility.The third part conducts a comparative study on the foreign legal system of MSW classification and management,mainly introduces the content of the legal system of MSW classification and management in Germany,Japan and Australia,and then summarizes the Enlightenment of the experience of foreign system on China.The fourth part promotes the measures to improve the legal system of domestic waste classification management in accordance with local conditions: unify national special legislation;introduce market mechanism;collect waste tax and improve the enterprise responsibility.