The Research On The Problems Of Legislation On Clean Production Under The Concept Of Recycling Industries

In the future we must take the recycling industries as the basic pattern of Chinese economic development and aim at constructing a cycling society so as to achieve the benign cycle of economy and the harmonious development between human being and nature. A favorable and perfect law system of recycling industries is one of the key factors to achieve the goal. Chinese lawmaking of recycling industries should be established in the situation of our country, insist on the principle of starting everything in view of reality and carry it out gradually according to fixed plans to work up a completed and favorable jurisprudence of recycling industries. To develop recycling industries does not mean that we should constitute law of it immediately; objectively speaking, the systemization and complexity of recycling industries decide that merely a law of promoting the recycling industries will not complete the constitution. What we should do is to develop the consciousness and thought of recycling industries, to make the most use of the laws available, to amend and perfect laws and rules concerned and infuse them with the idea and concept of recycling industries, this is may also be considered we stride forward the constitution of recycling industries law. Clean production is the first phase to develop recycling industries; the constitution of clean production law is an important part of the systematic constitution of recycling industries, therefore, the practical choice for china to set up a recycling industries society in the near future is to reinforce and perfect the legislation of clean production which should be based on the reality of our country.In this paper, we start with the settlement of the relationship between the legislation of clean production and that of recycling industries and nail down the importance of the legislation in the law system of recycling industries. We also believe that in the course of the transition from concept to legal system on economy, the reinforcement and perfection of the legislation of clean production will effectively accelerate the foundation and establishment of the law system of recycling industries. For further consideration, we come up with some ideas and suggestions which aim at promoting the implement of the recycling industries and the establishment of recycling society and investigate the way to perfect the law of clean production under the conception of recycling industries so as to advance the development of the legislation system of recycling industries.There are four parts in this paper :The first part is the differentiation and analysis of concepts, in which concepts concerning recycling industries and clean production are presented and the relationship between them is demonstrated. Conclusion that clean production is the basis of recycling industries, the first phase of the development of recycling industries and the necessary phase of the achievement of the recycling industries is attained in this part.The second part is concerned with the compare between the legislation of clean production and that of recycling industries. Firstly it introduces the general situation of the development of the legislation of clean production and recycling industries and expatiates on the conception of legislation of recycling industries, believe that recycling industries as a new economic pattern has accordingly set up new legislation conception for instance, the ideas of sustainable development, multi-dimensional main body, multi-benefits, responsibility paramount and cooperation symbiosis. Moreover, compare between the background, nature, the administrative management and the obligation of the legislation of the recycling industries and clean production are also demonstrated in this part.The third part talks about the join of the legislation of recycling industries and clean production. At the beginning, an integral analysis is provided on some scholars'views about the join of the two and then gets a conclusion, in which it points out that the legislation of the clean production lies in the second management of the legislation system of recycling industries, the legislation of it is to achieve the clean production which aims at the precaution of pollution in the field production of recycling industries. The law of the clean production should supplement all the integrative and specific laws each other and develop a completed and harmonious law system of recycling industries under the lead of the essential law of recycling industries.The fourth part is about the reflection on perfecting the law of clean production. It considers that the legislation of clean production should be perfected under the idea of recycling industries according to the points listed as below: to further strengthen the combination of economy and environment; intensify the responsibility of the principal part; make up the blank of legislation in the field and to enlarge the application range of the law; improve the levels of the legislation and strengthen the maneuverability of the legislation; perfect the management system of clean production.