Legislative Perfection Of The Regulationof Urban Living Refuse

While accelerating the progress of urbanization, the rapid development of economy results in the rapid increase of urban living refuse as well. On one hand, the rapid growth of urban living refues affects the look of cities and increase the managerial cost of the government on rubbish, which worsens the existing environmental crisis and becomes a bottleneck that constrains the development of the city. On the other hand, the urban living refuse is the only growing resouce in the age of resource crisis. Therefore, in order to build ecological civilization and a harmonious society which is environmentally friendly, it is very important to find a balance between the bottleneck of development and available resource.In recent years, the management on urban living refuse has achieved a lot in China, such as the increasing facilities for refuse disposal, improvement on the disposing technology, etc. Nevertheless, management on urban living refuse is still in its initial stage. It is apperantly shown in the aspects of the expanding of annual refuse, the low rate of the recycling after sorted, reusage and recucling, secondary pollution in disposal and so on. When it comes to the reasons, there exist many problems. Take the management system, legislative system and the disposal funds for example, further improvement is still needed. As a result, it is only a superficail way of disposing of urban living refuse for the society to build disposal facilities. The essential way is to improve the legislation on refuse management and make the management system smooth.The problems on urban living refuse have been mentioned in present laws and legal regulations in China. But the reduction, reusing and recucling of living refuse has not been paid due attention by the legislative concept. Moreover, the legislative system is not perfect and lacks supports of relevant laws. The legal system on refuse management is ineffective and lacks legal responsibility. Therefore, based on the particular conditions in China, the author here trys to have a systematic analysis on the legislation on urban living refuse according to the advanced legislative experience from Germany, the United States, Japan, etc. First of all, the necessity of improving the legislation on management of urban living refuse in China is analyzed from the aspects of reality and theories of law; Second, the author also points out that recycle economy should become the guideline of legislation by changing legislative concepts; and puts forward "4R" principles of recycle economy to give a guideline to the whole-process administration of urban living refuse:At last, on the concrete improvement of legislative system, the legal status of the present "Administrative Regulations on Urban Living Refuse" should be raised, and the corresponding legal policies such as "Regulations on Sorting Urban Living Refuse" and "Green Procurement Law" should be made to fullfil the vacancy of the present law.