The Study On Environmental Deposit System Of Our Country

Facing the increasingly serious environmental pollution caused by potentially polluting products and packaging, China is lack of the legal mechanisms of recycling and safe disposal of them. To this end, It is essential to construct environmental deposit system in China to control the environmental pollution caused by discarded products Environmental deposit system means that the owners should pay the deposit for the potentially polluting products and packaging when they buy them, and finally if the environmental pollution was avoided by recycling or sending the residues to the designated recovery system, the deposit will be returned to the owners, otherwise, it will become the cost of pollution control. Environmental deposit system borrowed the concept, form and operation mechanism of common deposit system, but its subject and the relationship between the content of the rights and obligations and subject are beyond the scope of civil law, and fit the public law nature of environmental law. By analyzing the compare of environmental deposit, environmental taxes and environmental funds, and the environmental insurance, environmental deposit system has its unique system advantages in environmental pollution prevention and recycling of resources. Environmental deposit system is based on the theory of environmental externality and the principle of producers'responsibility extension. Environment deposit system is widely used in Western countries, and has great success in solid waste pollution prevention. Environmental deposit system of Germany, Sweden and the United States has own characteristics in the using scope, determining the institutions of charging and returning the deposit, the constructing and operation mode of recycling system, government regulation, the resource of running costs of deposit system, and it has much reference on the construction of China's environmental deposit system. The situation of China's environmental pollution and waste recycling and the lack of the follow-up mechanism of solid waste disposal and recycling in the existing legal system, make the construction of China's environmental deposit system necessary. The feasibility of Constructing China's environmental deposit system is in four areas. Firstly, it has policy grounds and realistic basis to build China's environmental deposit system. Secondly, environmental deposit system has its own economic rationality. Thirdly, the disadvantages of environmental deposit system can be avoided through policy choice. China's environmental deposit system can be constructed from the following four areas:the legislative model, the principles, the specific content, and the supporting system of environmental deposit system.