Legal Regulation Research On Classification Of Urban Domestic Waste In China

According to experiences of the developed countries, classification of urban domestic waste is the inevitable way in dealing with waste problems successfully. Classification of urban domestic waste needs participation of citizens, improvement of management and support of technology. In addition, it needs systematical and practical protection from legal regulation. Although China has established its legal regulation of urban waste classification, the present legal regulation has some problems such as being poor in enforcement and administration. On the other hand, systematic research on these problems has not been given enough attention. Therefore, the thesis tends to improve and construct the relevant legal regulation by investigation and analysis of the present legal regulation so as to make legal regulation an effective tool in waste classification and recycling of used resources. Thus, the urban waste will become less and harmless and reclamation will be strengthened. Finally, coordinated development of the environment protection and economic society will be achieved.First, the paper attempts to comb and investigate the present situation of legal regulation about urban waste in China from the aspects of legislative system, background and principles and the present enforcement of law from the aspects of legal relation subject, actual practice and legal measures. Then it analyses problems in the present legal regulation. The problems in legislation involve inadequate system and techniques. The problems in enforcement involve imperfect responsibility system, inadequate public participation and confusion between the enforcement subject and law-observing subject. On this basis, the author puts some suggestions and ideas about the legislative system and the support mechanisms. In the study, the author adopts the sustainable development theory and the circulation economic theory. Through document collection, the author touches the latest research achievements in this field, and makes an attempt to analyze and research with the comparative analysis, the positive analysis and the normal analysis.The author argues that there are many problems in present legislation and legal implementation. So it is necessary to establish correct legal guiding principles, improve legislation of different levels, and other mechanisms. The thesis's innovations include: exploration of the present legislative system systematically for the first time, giving up the usual legislative pattern, and proposing a new legislative system based on Circular Economy Promotion Law, Waste Recycling Law and embracing other relevant law and local regulations.