Comparative Research On The Legal System Of Circular Economy In China And Foreign Countries

Since the 1990's, many developed countries such as Germany, Japan, The United States, Canada and France have proposed the objective of establishing Circular Economy and the development of circular economy model and those countries have established the legal system of Circular Economy. Through long-term practice, those countries have good achievement in developing Circular Economy legally.The development of the legal system of Circular Economy in China is still in its infancy. Although we do not have one unified law about Circular Economy, some law can not take into practice very well, we are focus on the establishment of the legal system of Circular Economy. The NPC Law Committee, Financial and Economic Committee, and the Law Committee of the National People's Congress have draft the《Law in Circular Economy of People's Republic of China (draft)》since February,2006. This draft has established the related systems in detail, and is expected to be adopted this year.This paper discusses five questions about the legal system of Circular Economy.First, gives the definition of the Circular Economy and analysis on the course of development of the concept, introduces the development of the legal system of Circular Economy in Germany, Japan, The United State and France, summaries up the characteristics of the development of the legal system in Germany and Japan.Second, compares the perspective of legislation in China and foreign countries. China has the single legislative model, which is same as Germany and Japan's. The single legislative model is adapted to China's legal tradition and the rule of law, helping maintain the law to be coherence and coordinate, so as to promote China's economic and legal system.Third, after the adoption of the draft, the legal system of Circular Economy which is made up by"Constitution -Basic Law-Special Law"will be more prefect, This paper summaries the legal system of China, then compares it with the legal system of Germany and Japan in the aspect of the order and the idea.Fourth, compares the basic legal regulations of circular economy in China and foreign countries on the basis of《Law in Circular Economy of People's Republic of China (draft)》in the aspect of the system of shared responsibility between the state, enterprises, public; system about the construction of the information on Circular Economy; the extended producer responsibility system; the public participation in the Circular Economy system and green tax system and so on, in order to give an analysis on the science and inadequate of the legal regulations. This is the focus of this paper.Fifth, takes the shortcomings in the circular economy legislation, learns the experience from developed countries, give some advice on the further prefect of our legislation, in order to promotes the development of our country's Circular Economy to realize the ability of sustainable development's keeping on boosting up and carry out a economize society.