Discuss The Minimization Principle Of Our Country’s "Circular Economy Promotion Law"

Abstract:in recent years, Chinese economy continued to grow in high speed; the construction has made great achievements, also achieved positive results in promoting resource conservation and utilization, implementation of cleaner production. However, china’s economic growth resources and environment cost is too large, traditional extensive growth way of high consumption, high emission, low efficiency has not fundamentally change, economic development and resource and environmental conflicts is sharp, environmental pressures grow faster and faster. Under these circumstances,"China Circular Economy Promotion Law" overwhelmingly passed through the fourth session of the11th national people’s congress on August29,2008; this law shall go into effect on January1,2009. This law established the reduction, recycling, resource and other important principles. Minimization principle is a priority. Establishment of the minimization principle not only play an important role on solving the problems of ease of resource depletion and contradictory reality of lack of funds, but also has a more long-term strategic significant meaning on reduction of the environmental pollution of waste materials. But for now, in practice life, the implementation of the principle of reduction is not ideal, thus caused this article’s discussion on the principle of the related suggestions on minimization principle.Minimization principle as one of the important principles of "Circular Economy Promotion Law", it is a priority among the other principles, give us the direction of development of circular economy. Minimization principle refers to minimize the consumption of primary resources and reduce waste generation through optimizing the economic layout, upgrading industrial structure, green consumption and other measures. Minimization principle requires various social activities reducing the amount of resources and energy in the production and consumption processes, its essence is to require people considering save resources, improve utilization rate, prevention of waste generation in the production and consumption source, rather than to look on governance after waste generation. Minimization has priority, which means to develop the circular economy from the source, contain incorrect operation mode of development from the source, it is contrary to the traditional treatment after pollution measure, and it is a truly rational and effective principle to promote the development of circular economy. So, minimization principle often needs to change people’s traditional mode of production and lifestyle, even require some enterprises and citizens to demise certain vested interest and immediate interests in a short term. Since the minimization principle has been put forward, every country vigorously promotes in various ways such as administrative enforcement and economic measures, our country is no exception. Our country’s "Circular Economy Promotion Law" established minimization principle, it is conducive to the development of our country’s circular economy, it is also in line with Chinese actual conditions. At present, China is actively promoting practical application of the minimization principle, the promotion of minimization principle will promote sustainable development, achieve a higher purpose of Circular Economy Legislation. So it is necessary to study and investigate the minimization principle. From the current situation of domestic, as circular economy in our country belong to a new type of economic patterns, experienced the process of all parties disputing its existence from initial, up to now it is generally accepted gradually. With the promulgation and implementation of the "Circular Economy Promotion Law", china’s theoretical study of minimization principle of circular economy entered a new stage. At present china’s monograph publishing of minimization principle of circular economy is on the rise. From the view of current research findings, for the study of minimization principle largely restricted in the improvement of the situation of ecological environment, improving the ecological environment surely is the proper meaning of minimization principles, but if put the scope of the minimization principle in the midst ecological and economic range, research ideas will be too narrow, should start from a large scale system environment--economy--society, comprehensive study the role of government, business, consumers in the process of implementation of the minimization. principle, they should bear which responsibility.Practice is the sole criterion for testing truth, he who makes no investigation and study has no right to speak. The author conducted a social survey concerning about the Guangxi’s implementation of "Circular Economy Promotion Law" practical issues related to life, have some knowledge of life situations in practicing minimization principle. Through the general situations of the minimization principle and problems arising in practice, author will analyze the reason of the problems and try to solve the problems and propose a suggestion of completing the minimization principle of "Circular Economy Promotion Law", so as to fully carry out the implementation of the "Circular Economy Promotion Law", promote the rapid healthy development of economy.This paper is organized as follows:The first part, elaborated the concept of minimization principle, subject established procedure, clarify the concept and purpose of minimization principle.The second part, introduced and analyzed the practice of minimization principle of international Law of the Sea in German and Japan, get some reference and inspiration from it.The third part, analyzed the current situation of minimization principle in china, point out the problems and causes existed. Discuss the status of minimization principle and relevant legislation mainly from a theoretical point; discuss the deficiencies in the design of minimization principle.The fourth part, on the basis of the previous three parts, through comparison and reference, put forward a sound idea of minimization principle from five aspects, minimization principle legislation, administration of justice, administration, enterprise, consumers.