Exploration On Legal System Of Restricting Over-packaging

Increasingly prominent problems caused by over-packaging of commodities(hereinafter referred to as “Over-Packaging”) attracted the attention of social and legalcircles. Over-Packaging phenomenon produces consequences of a waste of resources,environmental pollution, which is contrary to the sustainable development strategy ofChina and also damages done to consumers and infringes on their property rights.Practice of developed countries shows that to curb Over-Packaging, the most effectivemeasure is legislating, however, our Country has not been a uniform packaging lawtill now. Some principles and few sporadic standards refer to Over-Packagingscattered in a series of laws and regulations, government rules and regulations, locallegislatives and normative documents. Secondly, the lack for some important rulesand regulations in legal system of restricting Over-Packaging and operability of theexisting system is not feasible which result in standardizing package has no legalbasis. Furthermore, the existing national standards on packaging only involve in asmall number of several packaging areas, and we have not a comprehensive coverageof national standards for packaging over all commodities.This paper attempts to analyze problems by perspective of the existinglegislation refer to Over-Packaging, combining with the actual situation in the field ofpackaging to supply some valuable suggestions and theoretical reference forimproving the legal system of the products packaging. The main body of thesis isdivided into three parts.The first part, provides a general overview of Over-Packaging, by describing themeaning, manifestation and harms; introducing the current system of restrictingOver-Packaging and make a compendious analysis.The second part, starting from the work before, author will summarized fromaspects of legislation and law enforcement, then to point out problems and issues ofthe existing system and law enforcement.The third part of the thesis, will give some perfect solutions for issues of existingsystem, facing to questions which bring forward by the second part. This part containsa comprehensive discussion on the necessity for system improvement, comparativeanalysis of foreign advanced system, and the feasibility analysis of the introduction offoreign advanced systems. Basing on the analysis and discussions done before, authorwill provide some recommendations refer to content of specific operational systems.