Study On Civil And Commercial Regulation Of The Prevention And Control Of Environmental Pollution By The Solid Waste

There is a big consumption of resource and energy in our country, which results in produce of enormous solid waste. In recent years, solid waste pollution has already become one of the four major public hazards with air pollution, water pollution and noise pollution. In the process of building a well-off society, the Communist Party of China 17th National People's Congress proposed that we build"ecological civilization", one of the requirements of ecological civilization is that the emission of major pollutants has been controlled effectively and environmental quality has been improved significantly. Therefore,"Law of the People's Republic of China on Promoting Clean Production","Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes"and etc have been regulated successively, but the amount of the solid waste increases continuously, and the environmental pollution is becoming serious day by day, which leads to great waste of resources at the same time. At present, there are some measures of Administration more than of Civil and Commercial Law for the protection of environments. Legal provisions exist contradictions and the legislation also has some loopholes. The prevention and control of environmental pollution has important implications by means of Civil and Commercial Law. So, starting with the reality of China's solid waste problems, this text will do research in order to further strengthen and improve the legal concepts and the legal system of the prevention and control environmental pollution in line with China's actual conditions.There are three parts in this text, introduction, body and conclusion. As follows:Introduction mainly talks about the origin and ideas of writing articles.The body is divided into five parts:The first part is the content, classifications, productions, origins and the harmfulness of solid waste. And then the status quo and reasons of China's solid waste pollution are analyzed. Solid waste means articles and substances in solid, semi-solid state or gas in containers that are produced in the production, living and other activities and have lost their original use values or are discarded or abandoned though haven't yet lost use values, and articles and substances that are included into the management of solid wastes upon the strength of administrative regulations. The solid waste is classified according to origins. The effective law divides the solid waste into industrial solid waste, garbage, hazardous waste three major categories. The root cause of solid waste production is man's social and economic activities. In generally, the origins of solid waste can be divided into two categories: production and consumption process. The solid waste does harm to water, air, soil and man. Solid waste pollution is serious at this stage, for the following reasons: Firstly, the situation of China's population leads to the continued growth of solid waste. Secondly, the development of productivity and the increase of consumer awareness exacerbate production of solid waste. Third, the insufficiency of productive resources in China and the import of solid waste abroad exacerbate China's environmental pollution. Fourth, the treatment of solid waste is relatively backward.The second part inquires into the theory of prevention and control of pollution by solid waste. The theory is based on ecological ethics, which embodied in the transition from the centre of human beings to of ecology and the equality between man and nature and so on. The concept of modern civil law provides a new method. According to the response to the modern civil law, it can provide legal relief which not exist in the past for the victims and prevent and control the pollution by solid waste to a certain extent. This role isn't replaced.The third part introduces the basic legal systems and features of Germany, Japan and the United States. There are several decades of solid waste treatment and disposal in Germany, and gradually perfect its legal system. German Basic Law, laws and regulations of the protection of the environment and other laws have provisions of prevention and control of pollution. In Japan, not only Constitution also the Civil Code has also provisions, so do the United States. Punitive damage is a characteristic system of infringing on environment judicature in the United States. That is helpful to China's legal system.The fourth part thinks deeply the legislative status of the prevention and control of environmental pollution in China. At present, the legal system has been taken shape, but it is still a long way to become a systematic entirety. There are many deficiencies in our current legal system, such as paying more attention to administration than civil law; contradictions between legal provisions, the gaps existed in legislation and so on.The fifth part is the strength and perfect of Civil and Commercial Law, including strengthening the corporation's responsibilities on environmental protection, restricting the exercise of ownership, establishing the pre-occupation system, identifying the accompanying obligations of the environmental protection, expanding the scope of compensation for damages—spiritual damages and punitive damages.Conclusion gives expression to the main thrust, and then stresses that under the concept of"Green Civil Code", we can research the mechanism of Civil Law in many ways, such as Civil Subjects, Real Right Law, Contract Law, Tort Law, Legal Liability, That plays an important role in the prevention and control of pollution by solid waste in the whole process.