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The Interest Analysis On Circular Economy Legislation Of Our Country

Posted on:2007-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:T H ZhangFull Text:PDF
GTID:2166360212458527Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
The relationship between interest and legislation is very close. The interest demand determines the substance of the law, whoes appearance ,change and conflict's coordination can lead to request for the new law and the change of the law conent. And the law is used to adjustthe interest. With law the legislators choose ,confirm and adjust the interst relations. The process of the legislation is the process of interestlegalization. So we can see that to legislate we should first analyse the interest. The Circular Economy Law adjust special interest relations,which also should first analyse the interest.As a law which subordinates to the Resources and Environment Law, the scope of interest adjusted by the Circular Economy Law is different from that of the Resources and Environment Law. Actually the reasons of interest conflicts involved in the legislation on circular economy are the following two kinds: the conflict between public environment interest and public economic interest, the public environment interest and the private economic interest.This article takes this two kinds of interest conflicts as the core of elaboration. First we definite the circular economy and the circular economy legislation, and then discuss the jurisprudence foundation of the circular economy legislation from the angle of interest's balance. Second we analyse the reality of the circular economy legislation, and research the two kinds of interest conflicts and their causes. Finally, we give a key discussion on the interest's balance through the circular economy legislation, and elaborate the necessity and the aim of the interest's balance, according to which, using the quality that the law can balance the interest,we propose the instructing methods on the balance of the interest conflicts in order to provide a new theoretic angle for the legislation on circular economy.
Keywords/Search Tags:circular economy legislation, interest, interest conflict, interest's balance
PDF Full Text Request
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