Study On China Cyclic Economy Legislation

When the human history comes into 21st century, the high speed development of economy brings the contradiction between the natural resources short present situation and the rapid natural resources demand inflation, which becomes the noticeable problem in the current world economics developing process. The global warming, the El Nino phenomenon, the natural disaster which occurs frequently, indicates the environment worsening is intensifying. The humanity starts to reconsider our own development pattern. As there is a growing worldwide awareness of the need for strengthened environmental protection, countries begin to seek a new economy pattern which is advantageous to the environmental protection and the economic development. The international community pays much attention to the global environmental problem and the cyclic economy development. There is a grow body of evidence to prove that the development of cyclic economy will become an effective way to solve the environmental problem and to promote social civilization progress. As a major developing country with a vast territory, huge population, weak infrastructure, yet tremendous market potentials, China has all along been in the front rank of the world in terms of the rate of economic growth over the past 50-odd post-liberation years and particularly in the past decade and more since the adoption of the policy of reform and opening to the outside world. China becomes the pronoun of the high economic growth and rapid development in the past twenty years from the end of last century to the beginning of this century. Just like other developing countries, China has the high speed development along with serious environmental problem. Facing the huge challenge of environmental problem, Chinese government pays more and more attention to develop cyclic economy which takes the effective use of resources and the environmental protection as the foundation.General Secretary HU Jintao pointed out "It must speed up the legislation of Cyclic Economy Promotion Law" at central population environment resources work symposium in March,06. The Standing Committee of the National People's Congress decided to start legislative procedure, charged the National People's Environment and Resource Committee to organize to draft "Cyclic Economy Promotion Law". The ideal that we must develop cyclic economy vigorously and establish the corresponding legal laws and regulations was proposed in "The Central Committee of the CCP about to formulate National economy And Society Develops 11th Five Year Plan Suggestion" which was made at 16th session of five CCP plenary conferences. At present, China has formed the draft outline of "Cyclic Economy Promotion Law" and it is hopefully proposed to the Standing Committee of the National People's Congress to consider in August,07. This act means "Cyclic Economy Promotion Law" which is focused by society's attention could be passed the legislation in October,07. Thus it can be seen, China central government has treated the utilization of law method to promote the cyclic economy development as the policy of decision-making.Firstly, this article elaborates and clears about the circulation economy concept, analyzing the cyclic economy from three aspects of the material fluidity, the ecology benefit and the sustainable development. It explains the cyclic economy development principle of our country. It proposes that we should add the "Reconfirm" principle on basis of the original cyclic economy "3R" principles with the purpose of doing the analysis research on the experience and the practice method accumulating from the process of cyclic economy development. So it can enable the successful experience to be promoted and the insufficient place to be improved.Secondly, it proposes the necessity of cyclic economy legislation by elaborating the significance of the cyclic economy development. Then it elaborates the present situation of cyclic economy legislation and analyzes the existing problem in the process of cyclic economy legislation in China.Thirdly, it proposes several representative types of cyclic economy legislation by elaborating the present situation of cyclic economy legislation in overseas developed countries, such as Germany, U.S.A and Japan. And then it proposes my self's suggestion to the cyclic economy legislation that the cyclic economy legislation must be under the benefit balanced principle; unify the advanced cyclic economy legislation experience of overseas developed countries to our country's realistic need; clarify the guidance of China cyclic economy legislation through elaborating the innovation experience of overseas cyclic economy legislation.