Study On Legal System Of Medical Waste Taken-back And Disposal

With the development of reformation and open door in China, medical institution has developed greatly, they produce more and more medical waste as they produce medical service for us. Medical waste is highly dangerous and difficult to dispose. So "national hazardous waste list" list it as the first category of dangerous substances. After the breaking out of SARS in 2003, our country issued "the medical waste management rule". Then, ministry of health and the provincial government published a series of laws and regulations on medicine waste in order to regulate the disposal and taken-back of medical waste. However, there are many problems in this field.The main contents in this paper are as follows:At first, the article introduces the concept characteristic and classification of medical waste. We should learn from German medical waste classification. The writer analysis the necessity and feasibility of medical waste disposal and pointed out that medical waste mix into the garbage seriously. The charge of medical waste disposal is unreasonable and so on.Second, the author sort out the law of medical waste collection and disposal and point out its weakness such as the environment legal system in China is not complete. The punishment of violation was too light. In addition, the author analysis foreign advanced law in this field. For example, the entire process management system, the polluter burden system.Third, the writer set up the basic principles of medical waste management according to "circling economy". It is "minimization", "resource", "innocuous" policy.At last, the article analysis the eight systems in the disposal and taken-back of waste medical: charging system of medical waste disposal, the establishment of public participation,strengthen the training of employees, the entire process management system, the producer extension responsible for the medical waste disposal, concentrative disposal of medical waste, the establishment of environmental economic incentives system, compulsory take-back of medical waste system, establish a strict law liability.