| To develop circular economy becomes China's essential pathway in linking itsendeavours to implement the scientific concept of development and realize the society ofconservation-minded and sustainable development. And its ultimate goal is to ensure thesociety's capacity of lasting sustainable development. As a model of sustainable economicdevelopment, the development of circular economy is unavoidably companied by laws andsystems. Without systematic laws' protection and promotion, it would not be carried out. Itis the essential damands of circular economy to make the concept of circular economypenetrate into the practice of circular economy's legislation to ensure its stable and orderlydevelopment with the support of laws. Beginning with the origin of circular economy, thisdissertation then makes a deep exploratin into the concept of circular economy, followed bythe circular economy's great impact on mankind's society. According to the rules of circulareconomy's development, the ethical principles, the goals, the persuit of value and the waysof carrying out the circular economy's legislation concept are deeply explored in thedissertation. Besides the introduction and the conclusion, six chapters consist of thisdissertation.The first chapter is to make a perspective into the circular economy. The construction ofcircular economy's legislation's concept system must be based on the concept of circulareconomy. Therefore this chapter is the logic beginning of the whole dissertation. Thischapter is made up of three main contents. First, the origin of circular economy. This partstates three reasons for the origin of circular economy: the superfacial reason is as follows:human beings come to understand after they think over the traditional economy mode thatenvironmental and resource crisis lies in the unrecycable of industrial economy system. Inorder to thoroughly contain the environmental crisis, the traditional industrial economysystem must be practically renounced. Then the origin of circular economy is just theorientation of the renovation. The medial reason is as follows, in man's opinion, the origin ofthe environmental problems mainly lies in the institutions' inefficiency which is contributedto by both the market's failure and the governance's failure. In order to protect theenvironment and to realize a sustainable development, we must make an effort to explore aneffective institution's arrangement which is combined by market system and institution'sinference. Yet the circular economy, as an economy development mode which is agreed tothe inner rules of the economy's development, objectively demands the combination of themarket system and the government's behaviors, circular economy just appeared in the courseof adjusting the institution's failure. And the inner reason is, human beings' ration ofpersuiting sustainable development decides that human beings make a choice to cooperatewith nature, abandoning their attitude of uncooperating with nature after repeated battlesbetween man and nature. The cooperation way between man and nature in the field ofeconomy is that man chose the circular economy's mode. The second part in chapterlst isabout the understanding of circular economy. This part makes a thoroughly introduction tothe circular economy in Marxism's theory, in western scholars' theory and in Chinesescholars' theory, and then draw a conclusion. On the basis of above, this part makes a furtherexploration into the following six contents, the position of circular economy, its extention, its superfacial characters, its foundamental charaters, its principles and its cored standards. Thencome to the understanding of circular economy, circular economy is a new economydevelopment mode with higher ecological efficiency, it makes a new management andadjustment to the resources' running way of social production and reproduction activities,which charactered with reduce, reuse and resources and non-harmonious. The third part ofthis chapter is about circular economy and the strategy of sustainable development. This partmainly states the relationship between circular economy and the strategy of sustainabledevelopment. The conclusion is that circular economy is the best choice to come true thesustainable development strategy.The second chapter is about the circular economy and the legislation changes. Threemain contents makes up this chapter. The first main content is about circular economy andsocial changes. Circular economy, as the best choice of sustainable development modes, hasits effect on social economic activities in fields of production, exchange, circulation andconsumption. Yet nowadays the key practice of circular economy at home and abroad is laidon the fields of production and consumption, therefore, this part states how circular economyaffects man's social life in view of economic production way, social consumption mode andthe changes of cultural values. The change of economic production's modes caused bycircular economy demands circular economy mode instead of traditional economicproduction mode. Nowadays the non-pollution production mode widely used in manycountries is model represent of circular economy mode. The change of social consumptionmode caused by circular economy requires human beings' change from lined consumption tosustainable consumption. The change in cultural values caused by circular economydamands circular economy value which is cored with harmonious relationship betweenhuman beings and nature, instead of the traditional economy values whose main content is tomeet human beings' requirement, whose core is to challenge the nature, and whose aim is tochase material wealth. The second part of this chapter is about circular economy andlegislation demand. This part states circular economy's legislative demand from two aspects,the necessities of circular economy's legislation, the law's change and higher legislativedemands. This means, to develop circular economy, not only legislation is needed but alsothe legislation must be consistent with the circular economy's value. The third part of thischapter is about the ecologization of circular economy's legislation. In the opinion of thisdissertation, the circular economy's legislation in coherence with circular economy's valuesdemands that the legislation of circular economy should embody the trends of ecologization,that is, The outlook on nature of harmony and co-existence, the outlook on life of reveringliving beings, and the outlook on scientific and cultivated development must be set up in thesense of circular economy legislation; On the legal relationship of circular economy, thesubjects, the contents and the objects of legal relationship must be ecologized; on the legalresponsibility of circular economy, on the basis of ecologization, diversitified responsibilitytaken systems and the insurance mechanism of legal responsibility, society's sharingmechanism, the lawsuit mechanism of public welfare must be set up.The third chapter of this dissertation is about the ethics aims of circular economy'slegislation. Three paris make up this chapter. The first part is about the ethics basis oftraditional legislation, human beings centralism. In this part the traditional legislation'sethics aim is deeply analyzed, the meanings of human beings centralism in different eras and in different cultures, the evolution course from traditional legislative ethics to modernones, and then further analysis is made about the improvement and the limitation of modernhuman beings' centralism. The second part of this chapter is about the change of legislativeaim, non-human beings' centralism. Since 1970s, the increasingly global ecological crisishas caused doubt on traditional legislative modes, whose legislative ethics aim is the humanbeings' centralism, and it was also supposed to be the basic reason for the ecological crisis.On such background appeared the non-human beings' centralism. The key of this part is tointroduce three types of non-human beings' centralism, the creature's liberation(or thecreature's rights) theory, living beings' centralism, and the ecology centralism. It is alsopointed out in this dissertation that non-human beings centralism, just like the human beings'centralism, has also its own errors although it has its ration. According to this theory, theinterest of the whole ecosystem is more important than mankind's interest, therefore, man'sinitiative is denied; other living beings in ecosystem have the same rights as man, then thecontradictions between man and nature are concealed; the relationship between man andnature is harmonious instead of contraversy. The third part is about the legislative ethicalbasis of circular economy, harmonious humanism. On the basis of the first two parts, thispart puts forth the legislative ethical basis that meets the need of circular economy'sdevelopment, harmonious humanism. This part begins with the philosophical fotmdation ofharmonious humanism, the theory of human nature and the theory of man and nature'srelationship in Marxism. It is further pointed out that the connotation of harmonioushumanism is to connect man with nature, to put the theory of man-centered into therelationship between man and nature, while emphasizing on man-centered, to take nature asthe base is adhered to; And finally arrives at the conclusion of harmonious humanism'sconnotation, the outlook on humanist ethics of man's making laws for himself; the outlookon humanist ecology of nature's existence for man; and the outlook on humanist harmony ofman and nature's unity of opposites.The fourth chapter is about the legislation's purpose choice of circular economy. Thispart is made up of three parts. The first part is about the general statement of legislation'spurpose. Some general legislation theory about the connotation, the origin and the structureof legislation's purpose is thoroughly stated in this part. As is stated in this part, thelegislative purpose is the law-makers' intention in the course of making laws, which adjustcertain social relationships. The legislative purpose is the beginning of legislation, it alsopenetrates the whole course of legislation, and finally reflects the actual effect of legislation.The legislative purpose directly origins from people's demand for laws. And also the historyof people's demands leads to the changes of the legislative purposes. The legislative purposemay be divided into three levels, general legislative purpose, detailed legislative purpose andspecial legislative purpose, and the three levels have close relationship. The second part is tostudy the history of circular economy's legislation. In this part some countries and areas suchas the United States, Canada, Japan, South Korea, European Union, and China arepurposedly selected to be studied about the legislative purposes of circular economy, andalso give a subjective evaluation after comparing and analyzing. The contrast and analysislead to this conclusion that the legislative goals of circular economy in western countriesgive better expression to the concepts of circular economy, while in China's legislation ofcircular economy, too much stress is laid on the resources and economic interest of the environment, more attention is paid to exploiting and utilizing natural resources, meanwhilethe environmental functions and values of natural resources are usually ignored. Meanwhile,this part gives a general statement about the current study state of the theory of circulareconomy's legislative purpose, and also points out our scholars' three misunderstanding intheir study on the legislative purpose of circular economy. The first misunderstanding is thatthey mistake the legislative purpose the same as the legislative value; the second, theymistake many levels to be the diversity of the legislative purpose; the third, they completelydeny that the legislative purpose has many levels. On the base of above, a new idea aboutbranch law's legislative purpose is put forward, which is the legislative purpose of branchlaw is one purpose with many levels. This idea is also the theoretic basis of this dissertationto construct the legislative purpose systems of circular economy. The third part of thischapter is about the legislative purpose systems of circular economy. In this part, thelegislative purpose system is constructed as one purpose and three levels. One purposemeans to promote the circular economy's development; three levels means to realize theenvironmental fairness and safety; to come true the economic effect and freedom; to realize aharmonious and sustainable development of both economy and environmental resources.The fifth chapter is about the legislative values of circular economy. Three maincontents are concluded here. The first part is about the investigation and the discriminationof the legislative values. This part is based on value's theory, and systematically introducedboth Chinese and foreign scholars' different opinions on legislative values and theirdistinguished legislative value's systems, Towards this issue, I agree with the opinion oftaking benefit as the foundation of constructing legislative values. I also think it proper toconstruct a certain branch law's legislative value system according to the classification oflaw's purpose value and the tool's value. Because as to a certain legislation, it is mostfounctionable and controlable to guide the legislation by the purpose value and the tool'svalue. This theory is just the dissertation's foundation to construct the legislative valuesystem of circular economy. The second part of this chapter is about the detailed statement ofthe value of circular economy's legislation. On the basis of the first part, this part makesfurther introduction to and explanation of the value's connotation, the value's relationship,and the value's characters of circular economy's legislation, the current sense of the researchinto the circular economy's legislative value is also stated here. The third part is about theorientation of circular economy's legislative value. On the construction of the circulareconomy's legislative value's system, the idea of circular economy is the base, benefit is thecore, the classification of the legislative purpose value and the tool's value is the principle,then the idea is put forth that the legislative purpose value is to realize the ecology'sharmony and the legislative tool's value is to realize the ecological benefit, and the twovalues is inherently integrated in the circular economy's legislative value system. Inconstructing the contents of ecological harmony's value, the essence of harmony, thecoordance and harmonious state between man and man, man and nature, is the foundation,the content of ecological harmony is explained to be the ecological harmony within onegeneration(including the international ecological harmony, the ecological harmony indifferent areas, the ecological harmony among modern people), the ecological harmonybetween generations, and the ecological harmony among different sorts of living beings, theimplication of ecological efficiency is that, without more resource investment, or even less resource investment, the economy increases; or on the conditions of the same economicoutput or even more output, the waste into the environment greatly reduced. On the basis ofabove meaning, the following logical order is used in the course of stating that the tool'svalue of the circular economy's legislation is ecological efficiency. First, it is the requirementof society's development that efficiency goes into the field of law's research from the fieldsof science and economics research, even it becomes the law's basic value. Second, as onesort of efficiencies, ecological efficiency shows the relationship between economic increaseand the environmental pressure, and the core or the essence of circular economy is just topromote ecological efficiency, so ecological efficiency has the tool's value in the circulareconomy's legal system. The third, to outstand the status of tool's value of the ecologicalefficiency' value is just to outstand that the final effected object of circular economy law isthe economics activities in social life. Second, as one sort of efficiencies, ecologicalefficiency shows the relationship between economic increase and the environmental pressure,and the core or the essence of circular economy is just to promote ecological efficiency, soecological efficiency has the tool's value in the circular economy's legal system. The third,to outstand the status of tool's value of the ecological efficiency' value is just to outstand thatthe final effected object of circular economy law is the economics activities in social life.The sixth chapter is about the route of carrying out the legislation's ideal of circulareconomy. This chapter is an exploration into how to change the legislative ideal of circulareconomy into real legal institution, which is also the conclusion of the whole dissertation.Three main contents make up this chapter. The first part is about foreign legislation practicein developing circular economy. Besides the introduction to related legislations issued byinternational organizations in the past scores of years to promote the development ofinternational circular economy, this part lays emphasis on the introduction to the circulareconomy's legislation in German, Japan, the United States, and European Union, and thenconclude their legislative characters in the guidance's thought, the legislative modes, and thecontents. By doing so, we can learn from their experience in our legislative practice ofdeveloping circular economy. The second part of this chapter is about the legislation practicein our country. An appraisable general statement about the current legislation state in ourcountry's circular economy's development is made from two aspects, in the whole countryand in some certain areas. Then further analysis of the problems existing in the legislation'saim, the legal system and the construction of legal institutions of our country's circulareconomy's legislation is made in order to point out the direction for the legal institution'sbuilding of our country's circular economy. The third part is about the concept of ourcountry's legal institutions' construction to develop circular economy. On the basisof formalchapters' analysis, learning from foreign countries' successful experience in circulareconomy's legislation, considering our own legislation practice in developing circulareconomy, the main framework of our country's circular economy's legal institutions'construction is put forward as follows, the guidance thought of the circular economy's legalinstitutions' construction is the concept of scientific development and the thought ofsustainable development; the 3R principle, the principle of following the ecological rules, theprinciple of giving priority to precautions, the principle of the contaminator paying are thebasic principles of the circular economy's legal institutions' construction; the field of thenatural resources' exploitation and utilization, the field of manufacturing industry and service trades, the field of disposing waste and changing waste into resources, the field ofthe exploiting and utilizing energy, and the field of social consumption are the key fields ofthe circular economy's legal institution's construction; the circular economy's legal systemis constructed from four levels, the basic laws, the principle laws, the comprehensive lawsand the special laws; The following circular economy's legal institutions are made, theinstitution of circular economy's planning, the institution of green economy's accounting, theinstitution of scientific and technological information's titles, the institution of economicencouragement, the institution of market allowance, the institution of listing the names' whoset good example in developing circular economy, the institution of forcing those enterpriseswith heavy pollution into developing circular economy, the institution of green consumption,the institution of the public's participation, the institution of sharing the responsibility, andthe institution of evaluating the circular economy's results.
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