Legislative Perfection Of Green Procurement System Of Enterprise In China

With the strengthening of environmental awareness, more and more enterprises begin to pay attention to environmental protection, and enterprise green procurement has been widely implemented around the world. To implement green procurement, enterprises use the method of "pollution source control" to protect the environment. To promote the concept of circular economy and to encourage enterprise actively take responsibility for environmental protection, it is necessary to make the enterprise green procurement activities legalization, which means to make enterprise laws.Enterprise green procurement shall take both of the environmental and economic factors into consideration when the enterprises purchase the products, projects and services, including but not limited to the vendor selection and management, and a series of activities related to purchase, such as packaging, logistics and so on. In order to achieve the dual goals of protecting the environment and saving procurement costs, priority shall be given to those products, projects or services that are the best choice for environmental protection. In our current legislation, only a few laws control enterprise green procurement, such as "Circular Economy Promotion Law","Cleaner Production Promotion Law","Environmental Pollution Prevention and Control Law of Solid Wastes","Law on Energy Saving" and so on. Guangxi, Chongqing and Guizhou also have local regulations to promote and encourage enterprises to carry out green procurement. But most of these laws and regulations on enterprise green purchasing have the characteristics of declaration and promotion, which results in a lot of problems and deficiencies. The enforcement of this sporadic type of "promotion" law is not strong. And the characteristics of "declaration" legislation have no operability. Without the new standards and list system of enterprise green procurement, enterprise can’t find the reference standard in the process of actual operation. Lacking of enterprise green procurement supervision and management mechanism, we can’t have effective supervise and manage to the enterprise green procurement activities. There is no clear way of relief and enterprise green procurement liability. No remedy no right. We can’t to achieve the legislative purpose and effect.Apparently, in order to make the enterprise green procurement better, establishing and perfecting the legal system of enterprise green purchasing is around the corner. We should set out from the actual situation of our country enterprise green purchasing, building enterprise green purchasing legal system with Chinese characteristics. Firstly, we have to determine the legislative model of enterprise green procurement legal system in our country, modification of the existing "Circular Economy Promotion Law", make the special "Implementation Regulations of Enterprise Green Procurement" and its supporting measures. In the "Circular Economy Promotion Law" clearly provides enterprise green procurement activities, and to establish three basic principles, namely the principle of combine both of mandatory and voluntary, the principle of balance among fair, equitable and efficiency, the principle would be coordination in social, economy and environment benefit, and its scope of application. According to China’s national conditions and the features of enterprise green purchasing, the feasibility of enterprise green procurement legislation of our country should be from "promoted" to "mandatory" transformation which is demonstrated. There is proposal that the principle of "Forced-based, supplemented by voluntary" by accepted. To ensure the Enterprise Green Procurement activities can be effectively implemented, we should be determining the scope of subjects and make the methods and procedures of the enterprise green purchasing by made the special "Implementation Regulations of Enterprise Green Procurement". We should establish the supervision mechanism of enterprise green procurement to supervise and manage the enterprise green purchasing comprehensively from these three aspects which the enterprise, government and society. It’s define the liability and legal remedies of enterprise green procurement, with the purpose of safeguard enterprise green procurement activities can be implement effectively and smoothly. In addition, we still need to develop supporting system related to enterprise green procurement, such as establishing the enterprise green procurement standards system, publishing the enterprise green procurement list, making tax incentives, financial subsidies and other economic incentives for enterprise procurement officers easier to grasp in green procurement process. And it’s made the legal system of enterprises green procurement more standard and perfect.