A Study Of Basic Questions On The Recycling Economic Law Legislation

Recycling economy, in essence, is an ecological economy. It requires the use of ecology rather than machinery of law to guide the economic activities of human society. The traditional economy is a one-way flow linear of "Resources—Pollution—Emissions" economy, which is characterized by high production, low utilization and high emissions. In this economy, the use of resources is extensive and one-time, natural material and energy are highly extracted and then a lot of pollution and waste are discharged into the river, air and soil in turn. In a sense, economic growth depends on the waste of resources. Compared with the traditional economy, the recycling economy advocates environmental and harmonious economic development. It requires all of the economic activities to organize into a "Resources—Renewable Resources" feedback process, which is characterized by the low exploitation, high utilization and low emissions. In this economic cycle, we utilize resources reasonably and sustainably in order to minimize the negative impact of exploration and development as much as possible. Since the recycling economy provides a strategic paradigm for the transformation from the traditional industrial economy to the sustainable development economy, it recommends a fundamental resolution for acute conflict between environment and development. "Reduce—Reuse—Recycling" is the most important operational principle of the recycling economy.Since the 1990s, developed countries have taken the development of recycling economy as the strategy of sustainable development and an important way to establish recycling-oriented society. Therefore, the final goals of the recycling economy are, to achieve sustainable development, to promote recycling economy and to establish recycling-oriented society eventually. In the thesis, the author analyzes the legislation of the recycling economy from below four parts besides introduction and conclusion.The first part of the thesis mainly deals with the principle of recycling economy by exploring the concept of recycling economic law, the characteristics of recycling economic law, the attribution of recycling economic law department, the legal nature of recycling economic law, and so on, thus draws an conclusion that recycling economic law belongs to the scope of economic law. Therefore, the first part focuses on the theoretical analysis of relevant recycling economic law issues.The second part of the thesis compares the status quo of recycling economy and the legislative characteristics of Japan, Germany, the United States and the European Union and other countries and concludes that the recycling economic legislation of developed countries enlightens and inspirits China's recycling economic legislation. The third part of the thesis focuses on the historical background of China's recycling economy, the legislative status quo, the evaluation of recycling economic law. Further more, the author points out the defects of Chinese "Recycling Economic Law (Draft) ", the unreasonable terms of reference mainly related departments, the imperfections of monitoring bodies construction, and the uncertainty of the related responsibility.Based on the analysis of the first three parts, the fourth part of the thesis concentrates on the perfection of Chinese recycling economic legislation by choosing the legislative model of Chinese recycling economy, determining the legislative principles, designing the relevant rights and obligations of main responsibilities.