The Legal Countermeasures Research On Prevention And Control Of The Transboundary Movements Of Solid Waste In China

With the rapid development of industry and human standard of living rising increasingly,the amount of solid waste is also increasing rapidly, and solid waste disposal has become one ofthe major environmental problems that need to be solved in modern society. Having beenthrough the treatment after pollution, the western developed countries feel deeply that resourcesand environment is of great significance for a country’s sustainable development. By the urgentdevelopment needs of economy in the developing countries, the solid wastes are transferred tothe developing countries, and the transboundary movements of solid wastes has become one ofthe global environmental problems that brings serious harm to the ecological environment andpublic health in developing countries, which has become a fundamental threat to human survival,development and the progress and prosperity of human society.Along with the reform and opening up, our country, as the largest developing country in theworld has become a destination for output of solid wastes for many developed countries, whichis harmful for those countries. How to deal with the risk that the solid wastes transboundarymovements brings to Chinese ecological environment and the public health has become anurgent problem. Prevention and control of solid wastes transboundary movements is a very widefield, and this paper makes a discussion on the prevention and treatment of solid wastestransboundary movement problems only from the legal perspective.This paper is divided into four parts:The first part mainly makes brief analysis of the basic problems about prevention andcontrol of the transboundary movements of solid wastes. A lot of developed countries outputhazardous solid waste to the developing countries for many reasons. As the largest developingcountry in the world, China is facing a phenomenon of serious solid wastes transboundarytransfer which takes great hidden trouble to our ecological environment and public health. Inorder to defend the national environment safety, ensure public safety and health, and therealization of economic, social and environmental sustainable development, China needs to takeeffective legal countermeasures to control the transboundary movement of solid waste.The second part mainly elaborates legal status of prevention and control of thetransboundary movements of solid wastes in our country. First of all, under the influence of "thepollution transfer theory ", people pursuit for the rapid development of economy at the expense of the ecological environment. Secondly, the present situation of legislation and the existenceflaw in our country about the prevention and control of solid wastes transboundary movementare analyzed. Finally, it elaborates specific principles and specific system in our country on theprevention and treatment of solid wastes transboundary movements. They are“reduction,resource recovery and harmless”principle, hazardous waste concentrated disposal principle, thepolluters responsible principle and solid waste imported classification management system, thewhole process of management system and the responsibility investigation system.The third part discusses the laws and regulations on prevention and control of solid wastestransboundary movement in America, South Korea and European Union.The fourth part is the conclusion, and this part puts emphasis on the improvement of thelegal countermeasures on prevention and control of the transboundary movements of solidwastes in our country. Firstly, we should establish ecological philosophy, and emphasize thecorrect guiding role of philosophy in the face of the increasingly serious ecological crisis.Ecological philosophy is a thinking on human’s fate, and it is also a kind of consciousness on theharmonious coexistence of man and nature. Secondly, strengthen systematicness andmaneuverability of legislation and improve scientificity of legislation. Thirdly, the precautionaryprinciple, cooperation principle and the principle of public participation are very importantprinciples for the prevention and control of solid wastes transboundary movements. In face ofpresent situation that foreign countries transfer solid wastes to our country rampantly, Chinashould strive to nip in the bud, change afterwards passive control to active prevention in advance,strengthen the extensive exchanges and cooperation throughout the country and between theinternational society, and fully mobilize the enthusiasm of all the social members, build acommon defense line about prevention and control of the transboundary movements of solidwastes to give stern blow to transfer behavior of environmental pollution. Finally, in order tocontrol the transboundary movement of solid wastes maximally, we should perfect relevantsystem, establish a scientific and reasonable system of environmental standard, establish aneffective environmental management system, increase the strength and intensity of enforcementof environmental administrative law and innovation comprehensive environmental responsibilitysystem.