Study Of The Legal System Of China's Circular Economy

China is suffering from unbearable eco-environment problem and economy retention caused by extensive economic growth pattern that is marked by high-energy consumption, high-material consumption and high pollution. Thus, it is extraordinarily necessary to promote circular economy. It is useful to implement scientific development view, satisfy objective requirement of building resources save type society and construct an environmentally-friendly society. Developing circular economy has been added into the Outline of the Eleventh Five-Year Plan for Economic and Social Development and become a long-term strategic task. However, the theory and practice on circular economy still have to face many difficulties. It needs to employ integrally administrative means, economic means and legal means in order to change this situation. Law is an irreplaceable and superlative mean for country macroscopic control, and must be seriously treated in developing circular economy.Developing circular economy is a significant reform involving economy, environmental protection and society. The reform of law is necessary and urgency in that process. Environment & source commission of national people's congress of PRC has passed the "Circular Economy Law (draft)", but comparing with the outstanding work that the developed countries have done in this area, many insufficient aspects still exit in China's legislation. As circular economy is a comprehensive and systemic brand-new economic development mode, it's absolutely necessary to construct a reason legal system in order to promote circular economy.For the reasons above, the thesis intends to how to build up the circular economy legal system, looking forward to improve and refine its theory and practice, and to promote the economy development by this law. Considering the practical situation of circular economy in China, the author uses the principles of economics and law to discuss how to build up a circular economy that is suitable to China and can direct our practices. At the same time, the author will analyze the problem from both micro and macro standpoint. This thesis includes three parts except the introduction and conclusion:Part 1: Introduction of circular economy law. The article firstly introduces the meaning of circular economy law, including the concept and theoretical origin of circular economy, the definition of circular economy law. Secondly, this law is analyzed from the standpoint of law and this thesis selects some typical countries such as Germany, Japan and US to introduce the development process of circular economy. Thirdly, the author demonstrates the necessity of legislation.Part 2: Analysis on the current situation of circular economy legal system in China. Firstly, relative legislation and the current situation of several provinces and cities are introduced. Based on the analysis of China and several foreign countries above, this thesis presents the summarization of China's circular economy legal system. Secondly, the plight of legislation in this area is introduced, including the dilemma of the whole society level, the defects of present law, and the internal flaws and external obstacles of "Circular Economy Law (draft)".Part 3: Construction of circular economy legal system in China. This part divided into three aspects:Firstly, the macro architecture of this law needs to be found from four steps: A. Add circular economy into the constitution of China in order to establish it as the fundamental law; B. Refine the "Circular Economy Law (draft)" and converting it into the basic law of circular economy legal system; C. Found a comprehensive auxiliary regulations system; D. Build up some specific regulations system according to concrete attributes and requirements of various industries.Secondly, this thesis designs an integral architecture for this law: A. Human-oriented and maneuverability should be established as the core and fundamental ideas of "circular economy law". B. Basing on "3R principle" and treating "reduce" as the primary legislative principal, the law should insist the principle of "government guiding, market promoting, public participating" and combine administrative compulsion with economic support. C. This thesis introduces some scholars' suggestions on this law, at the same time, the author design the legislation structure for this law included in seven chapters: including general rules, basic duty and management system, circular economy in the process of production and construction, circular economy in the process of circulation and consumption, encouragement measures, responsibility and supplementary provisions. Meanwhile, the article also uses the advanced experience of Germany environment legislation for reference.Thirdly, the thesis proposes some suggestions from three aspects including: government, enterprises and non-government organizations, general public. A. Government is responsible for establishing the strategy of circular economy. This law should be promoted, supervised, managed and directed by planning system, encouragement system, green national economy's calculating system, assessment and evaluation system and market access system. B. The institution from enterprises and non-government organizations includes extended producer responsibility, circular product catalogue, and reward and payment system for recycling. C. The rules of genera public include extended consumer responsibility system, deposit system, and so on.