The Law Establishment Of Consumers’ Environmntal Obligations

The consumer environmental rights has achieved obvious success in theenvironmental law field. However, the consumers’ environmental obligations have notdrawn enough attention so far. Therefore, it is a novel and compelling subject thathow to introduce the consumers’ environmental obligations into Chinese laws. Tostudy this subject, first of all, we should go back to the status quo and impediments ofdevelopment of Chinese environmental laws, find the origins of the relatedimpediments, and then study the subject in the law respect. I have attempted todescribe my opinions with above efforts here.The whole thesis consists of five chapters as follows:First chapter------Background.Firstly, this chapter illustrates the GreenBoxProject, then refers to Extended Producer Responsibility (EMR) system anddemonstrate the development of this system in China. Even though this institution hasobtained widespread approbation recently all over the world, it is very difficult for theinstitution to develop in China. What is the reason of the dilemma? This chapter aimsto pose the question and foreshadow the next chapter.I have analysed the reasons of this plight of EMR first, arguing with theConsumer Paramountcy Theory. Next, I have questioned the two mechanisms thatinduce the consumers to exercise their sovereignty-------the incentive mechanism andthe restraint mechanism. In the part of the incentive mechanism, I have shown thetheory development of Chinese low carbon consumption, and have argued thedifficulties this mechanism may face during the practice in China. Moreover, in the part of restraint mechanism, I have summed up the content and features of thismechanism, and pointed out the progress of introducing the consumers’ environmentalobligations into Chinese laws, so the third chapter can be illustrated here.Third Chapter------The theoretical basis and the meaning of establishingconsumers’ environmental obligation law.This chapter is the main chapter of my thesis.In this chapter, I have generalized the theoretical basis of establishment of consumers’environmental obligation law, including the philosophy of right, jurisprudence,andenvironmental law. After this part, I have researched the meaning of establishment ofconsumers’ environmental obligation law, including pointing out that offeringconsumers the standard of behaviour of low carbon consumption can protect thelimited resource and environment, and also play an important role in publicparticipation mechanism.Fourth Chapter--------Establishment of consumers’ environmental obligationlaw.This chapter is the key part of my thesis and I have divided it into3respects toresearch the consumers’ environmental obligation in depth: Constitution of People’sRepublic of China, Law of People’s Republic of China on Protection of Rights andInterests of Consumers,and Environmental Law of People’s Republic of China.First,inthe aspect of Constitution of China, I have summarized the present regulations aboutconsumers’ environmental obligations, and have compared the different modes aboutintroducing the consumers’ environmental obligations into constitutions in the othercountries in order to provide beneficial choices for this subject in China.Second, inthe respect of Laws of China on Protection of Rights and Interests of Consumers, Ihave demonstrated the required specific consumers’ environmental obligations duringconsumption activities, by doing research on the missing part and establishingpreconditions of consumers’ environmental obligations in this law mentioned. Finally,by summing up the expression about consumers’ environmental obligations in theenvironmental laws of different countries, I have analysed the status quo ofconsumers’ environmental obligations and given suggestions on complement ofregulations on consumers’ environmental obligations in the respect of EnvironmentalLaw of China.