The Maturity Of The Legal System Of Chinese Circular Economy Law

U.S.economist Kenneth Paulding proposed"cyclic economy"in 60 years of the 20th century.After 40 years'development, Circular economy has already have three aspects of the comprehensive meaning.lt includes economics, sociology and environmental science. Circular economy has the purpose of restoring the harmonious relationship between humans and the environment. Cleaner production, resource utilization, integration of ecological design and sustainable consumption, making the circular economy has become the world's hot spots now and future trends.Development of circular economy concept was payed attention in the 90 years of the 20th century. Circular economy adopted by the "Cleaner Production Promotion Law" in the year of 2003. However, cleaner production can not be equated with the circular economy. Especially in recent years, our country not only sustained rapid economic growth, but also made great achievements in the construction. But it has paid a high price. Economic development and resources and the environment have become increasingly acute. Under the guidance of the scientific concept of development and circular economy development, it is significant of the sustainable development of economic and social. It will build our country with low input, high output, low consumption, less emissions. It also can be recycled, and sustainable national economic system and resource-saving and environment have a good society, ways and means to provide important.First, we should understand the meaning of circular economy. The concept of circular economy has the narrow and generalized sense. China adopted the generalized concept of circular economy,for the purpose of restore the harmonious relationship between humans and the environment. Cleaner production, resource utilization, integration of ecological design and sustainable consumption through pollution reduction, recycling and sound, the traditional linear resource consumption economy to resource-based economy, closed-loop flow.Second,we should understand the legal system of cicular economy law. China's circular economy system includes the vertical and horizontal structure. Vertical structure system includes constitution, laws, administrative regulations and local laws and regulations. Horizontal structural system includes resources areas of law and regulations, the environmental protection and comprehensive utilization resources of laws and regulations, production and consumption of laws and regulations. We found that the legal system of circular economy in China has many problems. Development of circular economy has become a national economic and social development strategy,now. However, we found.that circular economy is lack of the clear provisions in the Constitution.That makes China's legal system of circular economy immaturity.What provides in the laws and regulations is main guidance and promotion. And our legal system lacks of supporting laws, regulations and policies. The operation of China's legal system is poor. Because of the choice of legislative model, the circular economy law and its related laws overlap, such as cross-or even conflict.We use the methods of comparison. We study the developed countries good ways in the formulation and development of recycling economy under the way of good practices, specific issues. Japan is the most comprehensive legislation on recycling economy of the developed countries.lt is also a country with sound legal system of circular economy law. Its legislative goal is to create a resource "recycling-oriented society". Japan's legal system of circular economy includes basic law of circular economy, comprehensive law, special laws and guidelines. Germany is the first EU countries that deal with solid waste issues.lt start with special areas of legislation.As the updated the concept of environmental protection and updated the maturity of special areas of legislation, Germany develops a comprehensive recycling economy legislation. United States has not a national recycling economy regulations. Meanwhile,the U.S.federal government and state governments have also implemented a number of policies conducive to the development of circular economy. Therefore,we learn less from the U.S. legal system of circular economy. We mainly study from Japan's.Finally,we learn China's guiding ideology and basic principles of the legal system of circular economy law for maturity our legal system of circular economy. We should guide with "scientific development", base on our national conditions, proceed from reality,be plans step by step,and focused both general. With the principles emphasis on economic and technological development and importance of economic instruments to mature our legal system of circular economy law. We should improve the constitutional provisions on circular economy. Pay close attention to the development of the relevant supporting laws and regulations of" Circular Economy Promotion Law of the PRC "and the "Cleaner Production Promotion Law of the PRC", pay close attention to amending the relevant laws and regulations, pay close attention to the situation and draw up their own local laws and regulations.