Study On The Management Of Shanghai Domestic Refuse Under The Perspective Of Administrative Law

Domestic refuse management has been an important part of government work, Shanghai has been promoting the domestic refuse sorting as a key municipal project. Currently Shanghai has introduced a large number of local regulations and departmental rules in domestic refuse management. However, due to defects of the relevant laws and regulations, coupled with that administrative departments in the administration process still administrative omission, lead to the stagnation of the extension of the domestic refuse management. So this thesis analyze the problem which exist in domestic refuse management in shanghai, and offer advice based on analysis of law theory and experience of abroad to the government.The context of thesis has four parts in addition to introduction and conclusion, which are as follow:The first part is the Current Situation and Problems of Shanghai Domestic Refuse Management. As one of the biggest cities in China, Shanghai has its own characteristics, which is different from other cities. Although Shanghai has made the relevant local regulations of domestic refuse management, but in operation process there are still some specific problems, such as the difficulties of classification and the government inaction. Study the deep-seated reason,it is caused by the degree of the rule of law problems.The second part is about theory basis of domestic refuse management of shanghai. Government, as administrator of society, has responsibility to manage domestic refuse:1) domestic refuse has features of public matters.2) management used administrative way is good for preventing public heath issues. It meet the need of strategy of circular economy. To the management of shanghai domestic refuse, especially for specific issues which government have been facing, the level of legalization is quite important. It mainly reflects in effective control of administrative power, standing of administrative efficiency principle and integration of power and responsibility.The third part is the domestic and foreign urban domestic refuse management mode for reference. At present, foreign countries such as Germany, Japan, the United States and other countries have established a very sound legal system of domestic refuse disposal, and through effective governance model to reduce the impact of domestic refuse on the city. In addition to the city of Shanghai, other cities of china are exploring the way to solve the domestic refuse management in their own situation. These beneficial experiences are worth learning.The fourth part is the suggestion of improving the management of Shanghai Domestic Refuse. On the base of the above analysis,the actual situation of shanghai,and the experience of other countries, it makes some suggestions to improve the Shanghai domestic refuse management from the aspects of administrative legislation and administrative law enforcement.