Study On The Legal Institution Of Waste Household Appliance

The waste household appliance or the waste electrical and electronic equipment (WEEE) is the general terms including the various household appliances that should be discarded or used beyond its usual guarantee time: television, washing machine, air conditioner, microwaves, computer, duplicator, telephone, mobile phone and their affiliates. This article analyses the environmental problems that triggered by the WEEE, and states that the WEEE is a special kind of waste that we should recycle and dispose separately. The law, as the means of social control, should guide the behavior of people by providing rules. The current legislation concerning solid waste disposal has not met the need in that respect, and entails special legislation involved in the take-back and handling of WEEE.By consulting the legislation on the take-back and handling of WEEE in some developed countries, the author summarizes their successful experience for the management of WEEE by legal means. Such experience includes: regulating the recycling of WEEE by legislation; taking cycling economy as the guidelines of the legislation; definitely defining the duties of the party concerned, especially the manufacturer's responsibility; establishing the proper distribution system of the recycling and utilizing fees.Combined with the reform of the Chinese legislative principles for environmental pollution control, the author discussing the establishment of WEEE recycling legal system on the basis of sustainable development strategy, recycling economy theory and the products extension theory. The author thinks that the disposal of WEEE should erect a positive reaction model of source control and all phase control, promote the clean production, establish the new development mode of the household appliance industry using the cycle economy theory, and at the same time appeases the need of pollution control and recovery of resources, fully fulfil the "reduction, reuse, recycle" goal set upby the WEEE legal mechanism.As a result ,the author sum up the setting up of the WEEE legal system should complying with the following principles: the 4R principle, equal cooperation , public participation principle, technology innovation promotion principle , the principle of combining publication of information and proper supervision. The concrete legal system consists the economic stimulating system, technology innovation principle, regular review system, sorting take-back system, transfer registered system, green design, environmental symbol and certification, information system and legal liability and etc.On the basis of the previous discussion, the author concludes that the conditions for drafting our household appliance recycling law have already been met, ant comes up with concrete suggestions: china is in bad need of establishing the WEEE recycling legal system, the feasible legislative form is to draft a regulating ordinance on WEEE recycling ;that ordinance is to enacted by the state council and can serve as a administrative regulation to .The end of the dissertation contains the main contents that the ordinance should contain.