The Legislation Of Ecological Industrial Park

The Ecological Industry Park( EIP) should be widely popularized as an important form of practicing recycling economy. With experience drawn from EIPs of the last two generations, corresponding legal system should be established to guarantee that all activities in EIPs can be practiced in an orderly way. However, there is no specific legislation concerning EIP so far. Although Recycling Economy Promotion Law has provided a generalized norm for EIP, the norm is not specific enough to enforce. Cleaner Production Law only regulates activities on enterprises’ end. At the same time, since EIP adopts closed cycle mode, relevant laws are needed to regulate waste recycling between different enterprises. Existing laws in this regard fall short of the demands posed by EIP development.With clear EIP definition and EIP classification, this essay would demonstrate the feasibility and necessity of EIP legislation and probe into the content and mode of EIP legislation. On the basis of above discussion, this essay would enumerate existing problems in EIP legislation in China by studying on current Chinese EIP legislation. The problems can be summarized as listed below. On macro level, firstly, the EIP legislation lacks systematicness; secondly, the scope of local law is quite limited and too dependent on laws of higher ranking; thirdly, separate laws and matching laws cannot meet the demands of the building and development of EIP. On the micro level, there is an absence of a comprehensive excitation mechanism which can promote the building of EIP. In addition, according to existing EIP laws and regulations, the appointment of liability of governments and enterprises are not reasonable.With the comparison of EIP legislation in the United States, Japan and Germany, targeted suggestions which suit China’s specific conditions would be provided in this essay. These suggestions can be summarized into following to-do items: an integrate EIP legislation system; local legislation that accommodates to local conditions; relevant separate laws and matching laws to standardize the management in EIP; excitation mechanism represented by fiscal subsidies; a clarification on legislation level to differentiate the service liability shouldered by governments and producer responsibility taken by enterprises.