Study On Legislation Of Waste Battery Recycling And Disposal Law In China

With the rapid development in economy and increasing enhancement in people's living standards, the battery products gradually become the necessities in our lives. In spite of much convenience to people's life, the batteries are expected to be a new pollution sources. As the largest producer and user of batteries, China's waste battery recycling and disposal remain unregulated. However, China waste battery was not only polluting the environment, but the abandonment of waste batteries is also recognized as a waste of resources, owing to containing many non-ferrous metals with considerable potential application value. By legislation and establishment in perfect recycling and disposal system, the waste batteries can be treated in accordance with the law, fully achieving the goal of protection and improvement in environment, realizing sustainable development and contributing to the harmonious unity between environmental protection and economical development. Besides, the results of special legislation relating to waste battery recycling and disposal will affect international trade of battery products. Accordingly, the forward-looking law in waste battery recycling and disposal is the system guarantee for environment-friendly and resource-saving society, also acts as a safeguard for our battery products to break through green trade barriers, and smoothly participates in global market competitions. Therefore, China needs to make the special legislation of waste batteries to deal with international competition, which is imperative under such a circumstance.Based on a variety of relevant domestic and foreign studies, this paper investigated the special legislation in waste of battery recycling and disposal, and shed light on the reasons for the low rate of waste battery recycling and the imperfect recycling and disposal system in China as follows: the incomplete relevant law systems; insufficient related propaganda and education; deficient installment of the recycling boxes; lack of recycling and disposal subjects. We believed that the legal system of waste battery recycling and disposal from the United States, Germany, Japan and other developed countries is worthy of reference for the legislation in China. Corresponding solutions were shown below: the sound legal guarantee system; perfect management system; widespread public participation; different subjects and different responsibilities, etc. We also analyzed the legislative situation in waste battery recycling and disposal in China, and explored the waste battery recycling law, policy and standard, and pointed out the deficiencies of existing laws and regulations in waste battery recycling and disposal, including scattered and non-systematic, high-principled and inoperable, and confusion between entitlements and responsibilities of law enforcement and management institution as well as massive drawbacks in terminal management and absence in policy support from governments. We made the frame design for the special legislation of waste battery recycling and disposal. Firstly, we analyzed the necessity and feasibility for the special legislation in waste battery recycling and disposal. Secondly, we used the Sustainable Development Theory, Environmental Rights Theory, and Circulation Economic Theory for waste battery recycling and disposal law. Also, we discussed the legislative principles, such as polluter-pays principle, Green design principle, Public participation principle, and Recycle principle. Then, we discussed the environmental tax policy, pledged capital policy, financial subsidy policy, technology research and development investment policy, preferential tax policy, administrative licensing policy, administrative incentive policy, specific and clear punishment policy in the special legislation of waste battery recycling and disposal. Finally, we discussed the related legal measures, mainly involved: the special legislation supervision and implementation, the reasonable adjustment in other relevant laws and regulations, the increased number of waste batteries recycling bins and install improvement, and enhance the public recycling consciousness through various media.