The Solid Waste Prevention And Control Of Pollution Legislation Comparison Studies Beteen The China And South Korea

With the development of society, the discharge of solid waste is rapidly increasing, and the environmental pollution is worse day by day. Our country solid waste's management level is still at the start stage, and there are still many drawbacks in waste collection, recycling, reuse, disposal and the other aspects. The South Korea which is on the border with our country is in the advanced standard in the solid waste management, and has many experiences. The South Korean national territory is narrow and small; the population is densely; the resources are limited. Relative to their land area, South Korea solid waste's production is too much. However, Korea's legal system on the prevention and control of solid waste pollution is throughout the whole process from the production to the disposal. The waste management industry has basically realized the requirement of circular economy; therefore the South Korea has achieved the remarkable achievement.Compared China with South Korea, considered the geographical advantage, China, South Korea and other Asian countries, that all have high population density, are facing the serious environmental problems which brought by the rush industrialization. Although there are deferent policies and institutions between China and South Korea, many common topics in solid waste and other environmental areas still exist. By study on the China and South Korea's prevention and control of solid waste pollution from the comparison angle, look at the lack of legislation and provide the suggestion for the future development, the development of Chinese legislation and the construction of circular society can be promoted.The paper consists of five parts. It has detailed comparison from the legislative goal, the legislative system, the supervision systems, the regulatory policies, and the purpose is proposing suggestion for the legislation of the prevention and control of solid waste pollution about the differences.The first part compares legislative goal of the solid waste prevention and the control of pollution between China and South Korea. In Korean Waste Management Law, the legislation is the value of the circular economy and orientation, emphasized solid waste converting into resources. But in our country, the legislation of the prevention and control of solid waste pollution sets up the traditional values 'economic growth first'as the concept, the relevant legislation is not fully reflect the legislative concept of circular economy, and recovery of solid wastes is not given adequate attention.The second part has carried on the comparison on the legislative system of the prevention and control of solid waste pollution between China and South Korea, because China and South Korea are made-law countries. Therefore, the legislative system of solid waste of China and South Korea is take the constitution and the environment fundamental law as a head, and take reject fundamental law as core, from central to local, relatively comprehensive legislative system. But as the legislative idea as well as law making body's establishment is different, there still have some differences. First, in South Korea's legislative system, the execution president promulgated makes regarding the legal norm between the conflict alleviation function; But in our country, the engagement aspect in the partial laws and regulations still have certain gaps and omissions mutually. Second, South Korea's solid waste pollution prevention legislation in more detailed and specific, with a strong feasibility .In China, the current legislation has some improvements on the basis of the original, but also remain the lack of legal norms operational problems. Third, the legislation of solid waste in South Korea focuses on recycling of solid waste. But in China, it is based on pollution control. Recycling is not given adequate attention.The third part has carried on the comparison on waste regulatory system between China and South Korea. The regulatory systems of two countries belong to the vertical structure, but South Korea tends to lead with the local autonomous, and our tendency is more dominant and driven to the central government. First, the South Korean Ministry of Environment sets up a special bureau for resource recycling of wastes to be responsible for national work of solid waste circulation and recycling, and entrust the implementation of the commune's regulatory powers. Chinese solid waste regulatory system focuses on the reduction and the end of the pollution control. Second, in South Korea, Non-government organizations throughout the regulatory system and play a very important role. In China, the supervision and management of waste is all the government agencies and almost no non-official institutions. Third, in South Korea, the Ministry of Environment is responsible for the supervision of the national domain's solid waste, and every autonomous body is responsible for their domain specifically the reject supervision. The system can simplify the executive program, and is advantageous to responsibility realization. But our country present solid waste supervision system lacks a coordinated unification the organization, and the responsibility existence overlaps with the conflict phenomenon. Fourth, South Korea's solid waste supervision encourages the public the widespread participation, but our country supervision system has thick government administration color, and participation in the environment supervision about the public is too abstract and general.The fourth part has carried on the comparison to the concrete control policy of solid waste between China and South Korea. There are mainly four different aspects between the two countries. First, the Korean government for the solid waste control policy is in the transformation from'order and control'to'cooperation and coexistence', adopts the economical excitability control policy in view of the solid waste supervision. China employs the'command and control'mode, the direct control of the waste always through the state's legislation. Second, in South Korea, the management of waste is throughout the whole process from generation, recycling to disposal. On the whole, Chinese waste disposal still in the transitional phase from traditional end treatment stage to the'source control and end treatment'stage. Third, in South Korea, through the extended producer responsibility, producers become the center of attention in the re-use system, and display the internal control mechanism of enterprises in the waste management. China still treats the waste control as a government responsibility, mainly adopts outside control mechanism to the enterprise, failed to fully mobilize the enthusiasm of the enterprises themselves. Fourth, for the prevention of household waste pollution, South Korea attaches importance to it, but our country failure to provide appropriate legislation and preferential policies.From the four levels named idea, legislation, institution, system, the fifth part examines our country's solid waste prevention and control of pollution legislation carefully, and gives the constructive comment in view of the above four part of comparison conclusions. First, in the idea, our country should implement the legislative idea of the cyclic type society, clear about the responsibility of the related responsibility main body, and implement the product life cycle appraisal in the solid waste supervision. Second, in the legislation, our country should formulate the comprehensive resources-using law as soon as possible, and fill the bank of the solid waste special legislation. Third, in the system, our country should establish the reject supervision organization that takes the use of reject circulation as the core, takes many measures to realize the entire process supervision of the solid waste, and promote the development of the unofficial supervision organization development positively. Fourth, in the system, in the establishment reject processing unified plan foundation, our country should consummate the separate collection system of the solid waste, the charge system of home scrap emissions, the system of the producer extended responsibility, and promote the marketization of the solid waste recycling and disposal industry.