The Study Of The Legal System Of China’s Urban Medical Waste Management

With the aggravation of urban population and the development of medical and health services, the urban medical waste productions are increasing. Facing the occurrence of medical waste pollution incidents, people are more concerned about the improvement of medical waste disposal technology, but to a certain extent, the defect of current legal system on urban medical waste and the ill-equipped management are ignored. In2003, the State Council promulgated the "Medical Waste Management Regulations". Subsequently, the Ministry of Health and the provincial government issued a series of laws and regulations to regulate the management of medical waste, but still exists many problems in practice. Therefore, the establishment and improvement of a comprehensive legal system on urban medical waste management has important theoretical significance and practical value.Through analyzing some literatures and collected data, we can find that although most cities in China have already achieved a centralized disposal of medical waste, the phenomenon of medical garbage mixed in the garbage still exists. The level of public awareness of medical waste is still low. Facing the increasing of urban medical waste, the legal system on China’s urban medical waste exists many problems, for instance, lack of legal basis, lack of specific legal system, administrative departments of responsibilities fuzzy, public participation mechanism and supervision mechanism is not perfect and so on, which lead to the problem of medical waste lingered on. The legal system on medical waste management in developed countries are well-established and operable, such as medical waste tracking system, the Superfund system and the integration of the United Kingdom "chain" management system all have model significance to China.By studying the practical experience of some developed countries, we should explore a legal system on medical waste management which must suite to our national conditions, including legislation on implement the concept of sustainable development, the concept of circular economy, clean production philosophy and the development of recycling use medical garbage. On concrete system designs, it should build a specific system which can remedy defects in management of our urban medical waste, for example, improvement of the disposal fee system, emergency system, the risk fund system, public participation system. At the same time, during the process of the management of urban medical waste, we should pay attention to the leading role of government, especially, the clear duty of the government, comprehensive use of legal and market-oriented, standardized government management tools. And through low-interest loans, reduce taxes, financial subsidies and other incentives to guide, promote the development of the city medical waste disposal industry, and to reach the goal of legalization management of China’s urban medical waste. Therefore, we can ultimately to achieve economic, social, environmental and sustainable development objectives.