Discussing The Circular Economy Legislation Of Our Country

Along with the rapid development of our national economy, the shortage of natural resources and the deterioration of the environment become more and more serious. The pattern of the traditional economic development can't support the social sustainable development any more, and a new one is needed to change such a situation, so the circular economy comes into being. The circular economy combines economic development with environmental protection, and it calls for using of natural resources and environmental capacity friendly, and then brings about the ecological development of economy. As a new economic developing pattern, the circular economy's orderly development needs the support of relevant laws, thus it demands immediate attention to establish a set of feasible circular economy laws. After a brief introduction about the circular economy, this paper analyzes the theoretical basis of circular economy legislation. Through the investigation of domestic and oversea circular economy legislation, it finds out the deficiencies of our national laws and draws the experiences of oversea related legislations, and later it puts forward some suggestions to our national circular economy legislation.The whole paper divides into five parts.The first chapter makes a brief introduction to the circular economy. As a new economic developing pattern, the circular economy makes the ecological designing, sanitary production and comprehensive use of resources run through the whole process of production, circulation and consumption of the products, not only achieving the economic sustainable development, but also lowering the environmental damage to the least. The ideology of circular economy was emerged in the 1960's. After the seventies, some developed countries devoted major effort to develop the circular economy. In the late nineties, our nation began to propel it forward. Circular economy is a closed feed-backing circular course of"resources-products-renewable resources". Its execution consists of the circulation of microcosmic, medicosmic and macrocosmic levels. The development of circular economy needs the support of advanced technology and to control the resources consumption and environmental pollution fundamentally. In the end, the circular economy brings about the unification of both economic and environmental benefits.The second chapter analyzes the theoretical basis of the circular economy legislation. The formulation of a law must be supported by relevant theories. In the aspect of economics, the exterior nature of ecological environment and natural resources leads to the malfunction of the market, and the government's intervention caused the abuse of rights easily and the malfunction of the government. Overcoming their respective weaknesses and searching the best joint of environmental economic and social benefits become the main task of the circular economy legislation. In the aspect of the ethics, the environmental ethics permits the value of the natural world and the rights of all the life, it concerns about the welfare of all creatures and the environment and it advocates the harmonious coexistence between human beings and nature and leads the sustainable development road. Making the relevant laws to guarantee the development of circular economy is to make it to the level of law. In the aspect of the legal theory, the ecological law view replaces the traditional human-centered one. It demands to permit all creatures'rights from the legislative point and advocates to treat nature well by law obligatory force, and strives for the reciprocal symbiosis of all kinds of creatures. Don't make up the environmental harm for the living and development of later generations when achieving the contemporary development and bring about the most social interests. So all these establish the basis for making the circular economy legislation.The third chapter gives a brief introduction about the legislation of the circular economy in foreign countries and our related policy. At the same time it refers to our shortages on the legislation of the circular economy. Germany, Japan and America play the leading role on the legislation of circular economy. From 1972 to 1994, Germany promulgates a series of circular economy law. The law expands the ideology of recycle of resources form the package of the products to every field of the society, and it establishes the basic requirement of the development of the circular economy. There are three aspects in Japanese circular economy law, basic law, comprehensive law and specific law. In America, regional legislation plays an important role in the circular economy law. In addition, from the 1990's, Austria, Belgium and Britain also legislated laws related to the circular economy. While the legislation of it is relatively slow in our country. The authentic circular economy law in our country is the Promotional Law of the Sanitary Production published in 2002. There are three deficiencies in our legislation of the circular economy. Firstly, the ideology of the circular economy has not been implemented to the legislation; secondly, the legislation overemphasizes the principled regulation and it is lake of the sense of manipulation; thirdly, the system of the circular economy law is not mature, and the content is not comprehensive.The fourth chapter analyses the necessity and the feasibility of the legislation of circular economy. The construction of one institution is based on the relative law including the circular economy. Therefore the legislation of the circular economy is indispensable. It is the inevitable choice to guarantee the rapid and healthy development of the national economy and to realize the sustainable development of the society. It is the requirement of environmental protection and improvement. At the same time, it is also the important lever for the breaking of green trade barrier and the reinforcing of the competitive force of the products in the world. Furthermore, we have already got the foundation on policy, theory and practice, so it is feasible for the legislation of the circular economy.The fifth chapter gives the viewpoints and suggestions on how to make the circular economy law. The making of the practical circular economy law is guided under the explicit principle of legislation. It requires the orientation of sustaining development, the implementation of the concept of scientific development, the implementation of 3R policy firmly, the respect of ecological law and the obedience of the economic law. The mature system of law is the basis for the application of the circular economy law. This paper analyses this point from 4 aspects. Firstly, in the aspect of the essential law, it should add the principled regulation, which provided the foundation of law for the making of the sub law. Secondly, in the aspect of the basic law, it should revise the regulations which doesn't correspond to the development of the circular economy, it should make a basic law for the circular economy and make good use of the advantages of the law we already have and reduce the cost. Thirdly, in the aspect of the single file law, it should revise the current law of environmental protection and make the specific law for the development of the circular economy, so the specific regulation become more detailed. Fourth, in the aspect of the regional legislation, it should accelerate the making of law, which is adaptable to the development of the circular economy. Under the guide of the rational legislation, the regional legislation should implement the ideology circular economy, and the law should suit the local circumstances. The execution of the circular economy depends on a set of reasonable specific law. From the features of our government, the company and the masses, this paper provides some policy for each field. There are 6 aspects, in the aspect of the government, firstly, the institution of circular economy project. That is to see arrange the development of the circular economy in a whole run. Secondly, the institution of the catalogue of the renewable resources, it brings the scope of the renewable resources to the announcement list. Thirdly, the institution of the assessment of the environmental achievements, it takes the regional environmental situation to the range of the government assessment. Fourthly, the law sets up the system of business accounting to the green national economy and brings the cost of resources and environment into the accounting of the GDP. Fifthly, the institution of the scientific support and demonstration of the circular economy, it encourages the application of new technology and popularizes the achievements of the contributory organization. In the aspect of the company, firstly, institution of the extending the responsibility of the producer, it extends the responsibility of the producer to the field of circulation and consumption. Secondly, the institution of market admittance, only those units and individual which have achieve the standard stipulated by the nation can they deal with the recycle of the renewable sources. Thirdly, the institution of green signs and packages, the products measure up the relative standard from the package. Fourthly, the institution of the service of the social agency, it build a bridge among the trader which can reduce cost of their trade. In the aspect of the individual, firstly, the institution of the green consumption, it embeds the ideology of circular economy into their mind. It promotes the development of circular economy by the means of environmental requirement. Secondly, the institution of the green deposit, it restricts the behavior of the consumer by the means of the monetary aspect and reduces the consumptive pollution.