Study On Legal Encouraging Mechanism For Promoting Circular Economy In China

Promote the construction of circular economy is the best path to achieve sustainable development strategy. Promotion the development of circular economy, not only constraints the punitive policy, but also constraints interest induced by the incentive policy in order to play a multiplier effect. The past, people tend to pay more attention to the force of law, the punitive aspect of the law as a mandatory regulatory role in the manifest. However, it is more critical is that the incentive function of the law as non-mandatory guidelines, forecasts and adjust people’s behavior, people tend to not pay enough attention or even ignored.In view of China’s legally binding, mandatory policies are more robuster, but lack of the interests of the induced incentive policies. In this paper is based on the circular economy and legal theory of knowledge, combined with the development status of circular economy in China and the experience of developed countries, learn from the latest research and theoretical achievements, Research legal encouraging mechanism for promoting circular economy in China to the legal construction of China’s circular economy as soon as possible perfect, as soon as possible to play a role in promoting the construction of circular economy. In addition to the introduction and conclusion, full-text is divided into three parts:The first part is the legal encouraging mechanism to promote the development of circular economy should be selected. First, define the meaning of legal encouraging mechanism for promoting circular economy, the theoretical basis of legal encouraging mechanism for promoting circular economy. Secondly, the analysis promote development of circular economy requires guide of government, leading of enterprise, and collaboration of public. Finally, combined with our current situation, analysis to clarify the reason of construction to legal encouraging mechanism for promoting circular economy, obtained legal encouraging mechanism to promote the development of circular economy should be selected.The second part is the comparison legal encouraging mechanism for promoting circular economy for domestic and international circulation. First introduced China’s current legal encouraging mechanism for promoting circular economy, and evaluate the current legal encouraging mechanism for promoting circular economy, analysts that the provisions of the incentives is not specific enough, the lack of interoperability. Secondly, the three aspects of government, enterprise, public on the problems of the domestic legal encouraging mechanism for promoting circular economy. Finally, Germany and Japan, for example, the construction of the legal encouraging mechanism for promoting circular economy for foreign circulation, on this basis, combined with our present situation of the foreign circulation of legal encouraging mechanism for promoting circular economy.The third part is the focus of this article, construction legal encouraging mechanism for promoting circular economy in China. First, construction legal encouraging mechanism for promoting circular economy in China should be noted that several issues. Legal encouraging mechanism for promoting circular economy to achieve on this paper including four aspects as the government, enterprises, public and NGO construction legal encouraging mechanism of China’s circular economy law. From the perspective of government, including circular economy development planning system, improve the government’s acts of circular economy impact assessment system, establish the development of circular economy priority system, establish and perfect the green GDP accounting system, the Government’s sustainable consumption system; from the perspective of enterprise, including the circular economy standardization and labeling system, improve the enterprise technological progress legislation, improve the legal system of intellectual property rights, the establishment of corporate ecological marketing system; from the perspective of public, including to improve the legal system of circular economy education, ecological education, the establishment of legal encouraging mechanism to guide the ecological consumption; from the perspective of the NGO of promoting the development of circular economy, including the reform of the registration and management system, perfect and reasonable tax system and improve the circular economy public interest litigation system.