Research On Legal System Of Garbage Recycling

The development of industrial society has improved the living standard of human beings,but also brought a huge amount of garbage,causing great damage to the ecological environment.China’s garbage problem is increasingly serious,garbage in the place we can see or not see to the environment has brought great pollution,garbage classification and recycling,to achieve the reuse of resources to protect the ecological environment is an urgent matter.In order to deal with a large number of garbage,in addition to enhancing the national awareness of garbage classification,advocate environmental life,strengthen the garbage classification and recycling legislation,strengthen the management of garbage recycling from the legal aspect is an important measure to solve the garbage problem in Our country.At present,the problems of China’s garbage recycling laws mainly include the following aspects: First,the low operability of garbage recycling legislation,the small number of garbage management-related legislation,the imperfect legislation of special garbage disposal,and the scattered legislation.Second,the authority of the main body of garbage recycling and treatment is not clear.The work regulations of government departments have the problem of overlapping departments.The regulations on garbage disposal of enterprises are not clear,and the obligations of individual garbage classification are not detailed enough.Third,garbage recycling incentive system is not perfect,there is no clear provisions of garbage recycling incentive in national legislation.Fourth,the garbage charging system is not perfect,the existing regulations are less,there is no fixed charging standards and methods.Fifth,the implementation supervision system of the legal system of garbage recycling is not perfect.At the present stage,there is no perfect supervision system,mainly regulating the supervision of the government and its departments.There are few and scattered regulations on the supervision right of other subjects.We should learn from the relevant legal systems of Germany and Japan and make the following improvements to the legal system of garbage classification and recovery in combination with the specific national conditions of China: First,refine the legislation of garbage recovery,increase the quality and quantity of legislation,and adopt the “general +special” legislation mode of garbage recovery.Second,make clear the responsibility of each main body in waste disposal.The government should formulate relevant policies to guide enterprises and individuals in waste classification,enterprises should follow the green principle in production,and stipulate the rights and obligations of individuals in waste management.Third,improve the incentive system of garbage recycling,improve the enthusiasm of garbage recycling.Fourth,establish a sound garbage charging system.The charge subject,charge object and charge standard of garbage treatment are specified.In the specific operation of collection,cooperate with the tax authorities to transfer the urban garbage treatment fee to the tax department for collection,and gradually improve the garbage collection system.Fifth,improve the legal supervision system of waste management,mobilize various social subjects from multiple perspectives,and form a perfect supervision system.