The Research On The Perfection Of Circular Economy Legislation

With the rapid development of economy,nowadays human activity has graduallybeyond the scope of the bearing capacity of the resources and the environment.Theserious problems of the limited resources and the pollution of the environment arefollowing. Facing the problems, the economic community’s and the legal scholars allover the world have started to analyze reasons and research the effective way to solvethe problems. They strive to achieve the economic development and the resourceenvironment to be harmonious, realizing the sustainable development of the humansociety. In all kinds of people’s active exploration, the circular economy become to beone of the important modes,which can solve the problem of the resource environmentand the economic society’s development. It is an important way to realize theharmonious society and the harmonious world. As a developing country, although ourcountry economic growth is very fast, but it also faces the waste of resources and theecological environment of the heavy burden, which are brought by a gas-guzzling,high pollution traditional development mode. Therefore, transforming the economicdevelopment way and developing the circular economy is an inevitable choice. As thecircular economy is one of the sustainable development modes, we must rely on aperfect legal system and sound legal system as a support to achieve its healthy, stableand orderly development. At present, the legislations related to the circular economyin our country mainly include a circular economy promotion law, four environmentallaws, eight resources using laws, more than twenty administrative rules andregulations of resource environmental management, etc. But for established in the1980s, many legal regulations are with different degrees of planned economy color.And there are too much principle regulations in the circular economy promotion lawas the basic law, which affect itself to play a role in the circulation economic activity.So at present, it is very important for promoting the further development of thecircular economy to how to perfect the relevant legislation of the circular economy.This paper is divided into four parts of the discussion, around improving thecircular economy legislation. The first part expounds the basic theory of the circulareconomy through analyzing the connotation and basic principles of the circulareconomy. This part analyses the connotation of the circular economy by two aspectsabout Marxist theory, the western circular economy thought and Chinese scholars’cognition of the circular economy, and also fully introduces the "3R" principle of thecircular economy. The second part mainly introduces the legislation actuality andproblems of the circular economy in our country. Because introducing the circulareconomy promotion law is a watershed for the circular economy legislation, it is the meaning of landmark. So the author states the corresponding legislation and analysesthis problem from two time angles of the circular economy promotion law issuedbefore and after. For before the circular economy promotion law issued, it mainlyexpatiates on the legislation present situation and problems of the areas about theenergy resources, environmental protection and comprehensive utilization ofresources, production consumption. For after the circular economy promotion lawissued, it mainly introduces six systems and the positive significance of the promotionlaw’s establishment, and then analyzes the problems refracted from the process ofmore than three years of the law’s enforcement. Through the introduction of thecircular economy legislation practice situation about Germany, Japan, the UnitedStates, the European Union and other countries, and then the third part contrasts andanalyses Chinese and the foreign circular economy legislation at three angles of thelegislative background and purpose, the legislative mode and the legal system, thelegislation regulating object, and also dissects the characteristics that China’s circulareconomy legislation should have. However, the circular economy is a subject whichthe world is facing together. There is in common with the legal adjustment for thecircular economy, and the foreign advanced legislative experience can be used forreference. So the part emphasizes on the inspiration and reference which foreignexperience influences the circular economy legislation of our country, to improve theshortcomings of the current circular economy legislation of our country. The fourthPart is the focus of this paper, the author puts forward the improvement ways of thecircular economy legislation in China from the macro and micro levels. From themacro level, as a logical starting point to correctly deal with the relationship of thecircular economy promotion law and other relevant laws, we should perfect ourcountry’s circular economy legislation according to the guidance of the principles,such as the practice of the circular economy should be harmonious and systemic.From the micro level, the author puts forward the specific idea of the circulareconomy legislation which is constructing "three steps and go" strategy. Firstly,continuing to improve the relative legal system of the circulation economy promotionlaw. Secondly, revising and perfecting the circular economy related law. Thirdly,perfecting the place supportive law and the system construction. Through thecombination of macro and micro levels, the author expects to propose somesuggestions for the improving work about the circular economy legislation of ourcountry, which is also the core purpose of the writing.