Study On Chinese Circular Economy Legislation

In our country, the traditional extensive development pattern which features as high consumption, high energy-expenditure and high pollution made us paid disastrous cost in environment protection. The economy and the environment's contradiction intensified gradually, and this makes it a primary problem for our country to choose an economic mode which is appropriate for the environment development. The establishment of circular economy mode is the only single way to solve these difficulties, and the necessary way to make the human and the nature's harmonious coexistence and to construct the"resources-saving and friendly environment"society.As a brand new economic development mode, the circular economy will certainly influence various societies'benefits. In order to make smooth development of circular economy, one country must adjust and improve the existing environmental legal system, and makes it the most powerful support of circular economy. At present, developed countries such as US, Japan and German has established relatively perfect circular economy system and achieved good effects. As the influence of legislative concept, the guiding ideology and traditional production mode, the circular economy legislation has been in the beginning stage, and a lot of problems and conflicts need to be solved. Thus, from the establishment of circular economy legislation angle, this dissertation will submit some suggestions and advices to solve the existing and coming problems and to stimulate more attention on this problem.First, beginning with the"shepherd economy""spaceship"theory, introduce the circular economy's concept and principals comprehensively, pointing out that the circular economy is a ecological economy which uses the ecological rules to guide the human society's economic activities. And also point out that many countries has made it as the main development mode and established perfect legislation to support. Second, introduce the US, Japan and Germany's circular economy legislation, summary the character and experience of these countries'legislative rules, legislative systems, and legislative modes, as reference for the establishment of our country's circular economy.Third, analyze the present environmental legal systems of our country from the environment problem's aspect. Suggest that the traditional economic development mode has become the main reason of the environmental destruction. While our existing environmental legal system cannot support the circular economy as it's legislative ideology and the confusion of the legislative systems.Forth, put forward the notion on how to construct perfect circular economy legal system, point that we should use the sustainable development as the guidance of legislation, adopt suitable legislation model combine with the idiographic situation of our country and advanced experience of the other countries, orderly construct basic law -single law- integrative law to circular economy legal system, and collocate consummate legal liability.Fifth, advise to contribute legal system adaptive to circular economy legislation, analyzing risk prevention, public participation, revenue.