A Study On Legislation Of Circular Economy In Jilin Province

Circular economy is the product of crisis of industrial civilization as well as developing mode of social economy. It is a reasonable choice to sustainable development. The background of its emergence is the un-sustainability of the modern industrial economy growth model as well as its harm to the living of human beings. If the development of the society remains sustainable, the first thing to do is to change the mode of economic development, from traditional linear economic model as resource—products—pollution to circular economic model resource—products—regenerative resource. Circular economy is not only a change in economic development mode, but also the reform of society. In order to abolish the out-dated policy and practice and adopt new one, to build a legal system is essential. We should set up and perfect circular economy legal system and form the restrained mechanism to improve the development of circular economy. The developed countries have set the first pace in developing circular economy as well as legislation norm, providing the experience for others. Law of Circular Economy Promoting has been passed after being edited for three times and it will be put into practice in January 1, 2009. From the view of the local legislation, on the basis of theoretical generalization of circular economy as well as circular economy legislation, this thesis discusses the necessity, guiding ideas and principle of circular economy legislation in Jilin Province. In addition, based on the domestic and foreign legal system building practice of circular economy, the author proposes the suggestion of building of legal system and institution plan of circular economy.In the first part, the author introduces the background of emergence of circular economy, illustrating the circular economy as well as circular economy legislation from the aspect of notion and connotation. There is limited resource and energy over the world with the deterioration of the ecological environment. At the end of 80s in the 20th century, some developed countries proposed the replacing of the traditional economic development mode with circular economy mode. Circular economy is a kind of economic mode with the core of high performance and circular use of resource as well as with the principle of low amount, reusing and resource recovery as well as with the characteristics of low consumption, low emission and high efficiency. It conforms to the sustainable development and it is a reform of producing in large amount, consuming in large amount and discarding in large amount. Circular economy legislation refers that the state authority establishes, modifies and abolishes the legal documents related to circular economy according to the legal limits of authority as well as legal procedure. Promoting the development of circular economy is the essential requirement for ensuring the development and conforming to the trend of international legislation.In the second part, the author illustrates the legal adjustment of circular economy. First, the author summarizes the adjustment of legislation system of circular economy. As far as the stage of our circular economy legislation, adjustment of legislation system of circular economy includes the following three levels: the first one is basic law of circular economy, which is the Law of Circular Economy Promoting. The second level is monomial law of circular economy, which means Clean Producing Promotion Law, Renewable Resource Law and Prevention Law on Solid Waste Polluting the Environment, etc. The third level is local circular economy legislation. Secondly, the author generalizes the local legislation of developing circular economy, introducing local circular economy regulation established in two big cities. Before China's establishing basic law of circular economy—Law of Circular Economy Promoting, some provinces and cities have made meaningful exploration in local legislation of circular economy. Guiyang and Shenzhen carried out the local circular economy regulation, providing the legal assurance for government, enterprises and public in promoting circular economy. A few provinces (districts and cities) put circular economy legislation into the legislation planning. However, most of provinces (districts and cities) haven't put the circular economy legislation into agenda. Thirdly, the author illustrates the adjustment of model of circular economy legislation in some western countries. It introduces the circular economy legislation model of America, German and Japan. America put the cleaning producing into the legal frame of pollution prevention, which is the pollution-prevention type legislation model; Germany and Japan put the whole economic activity into circular economy, which is circular economy type legislation mode. Pollution-prevention type legislation is superior to the treatment type legislation, but it can not solve the issue between the resource and development form the basis; circular economy type legislation pays attention to the sustainable development of economic society and realizes the double-win between economic development and environment protection, which is the policy of solving the problem.In third part, the author analyzes the legislation practice of circular economy, proposing the idea of building legal system of circular economy for Jilin Province. Firstly, the author introduces the related system and regulation to circular economy. The existing regulation can not prevent the production of pollution. With the rapid industrialization and urbanization, the contradiction between total amount of pollution and environment capacity becomes clearer. Secondly, the author points out three main problems in circular economy legislation of Jilin Province: Firstly, circular economy legislation has not been included in recent legislation plan. Referring to the recent development of circular economy in Jilin Province, local regulation in promoting development of circular economy should be established as soon as possible. Secondly, the rules of circular economy have obscure boundary with the other rules. Thirdly, the assurance system and market promoting system for developing circular economy is not perfect. In the end, the author states the necessity of circular economy legislation in Jilin Province from four aspects. The first one is the reality requirement of resource and environmental situation of Jilin Province. Jilin Province is suffering the lack of resource as well as energy, including coal, water, petroleum and iron. The second one is the need of regulating and developing circular economy. Since the legislation falls behind the practice of circular economy, there is no systematic and comprehensive solving mechanism for the problems in development of circular economy. The third one is the need of testing point of circular economy. Circular economy refers to many aspects, and the building of regulation system is the most important. The fourth one is that the development experience of circular economy testifies the necessity of circular economy legislation. Fourthly, referring to domestic and foreign circular economy legislation experience, the author discusses the guiding idea, principle, model and adjusting scale of circular economy legislation in Jilin Province. Fifthly, the author gives the suggestion on circular economy legislation for Jilin Province on the basis of perfecting circular economy system as well as building basic management system of circular economy. The author also designs the technical development and standard system, responsible system for government, tax supporting system, public participating system and education system for circular economy legislation in Jilin Province.