On The Legal System Of The Urban Construction Waste Recycling In China

With the urbanization process accelerating,the construction industry is thriving.As a result,construction waste is increasing.At the moment,landfill and incineration are adopted to deal with most of the construction waste in China,which not only is a waste of resource,but also dose harm to the environment.Therefore,how to recycle the construction waste has become an important topic.This paper has done some exploration and attempt on that matter from the perspective of legal system.Under the guidance of the relevant national policies and the current situation of rising total housing and increasing construction waste in China,the great theoretical and practical significance of this project are proposed at the beginning of this paper:on the one hand,promoting interdisciplinary research and on the other hand,providing the construction companies with legal guidance.Then this paper analyzes the research situation both in China and abroad.The overseas researches on the legal system of construction waste cycling are relatively mature,however,the researches in China are still in their infancy.Considering the national situation of our country,China is expected to draw lessons from the advanced experience of foreign countries and perfect our legal system.Then this paper introduces the methods of this research and also points out the innovation and shortcomings.The next part of this paper discusses the definition of urban construction waste.This paper adopted the definition from urban construction waste management regulations.Urban construction waste is various,quantitative,complex in components and has long time and wide range of effect and convertibility with resource.All these features of construction waste should be put into consideration when building legal system.Urban construction waste takes up the land,contaminates soil,water and air,damages the city image and the improvement of citizen's life quality.Therefore construction waste recycling is necessary.Then this paper introduces the connotation of recycling: based on the circular economy theory and the extended producerresponsibility theory,it's an activity of recalling and utilizing construction waste and has great economic,social and ecologic significance for construction waste recycling.Urban construction waste is composed of a series of small systems which should focus on achieving the overall object of legal system of recycling and insist on the principals of entire process management,source control,combining government management and market regulation,prevention and public participation.The legal system of urban construction waste is too general and scattered,which goes against the implementation of the legal system.In the legislation,we shall make further efforts to classify and summarize these laws and intensify the pertinence and specialism of legislation.The provision of some specific institutions is not explicit.Some of them relate to the whole solid waste,which is absent of the specific features of urban construction waste.Therefore,we should go a step further to perfect specific systems,including management system,responsibility system,economy stimulus system and public participation system and to improve relevant systems,including environment planning system,separate collection system,spot examination system,extended producer responsibility system,environment liability system,recycling reward system and deposit system as well as make sure all the legal systems fit in with the reality and features of urban construction waste recycling so as to better serve the processing of those urban construction waste.In addition,the present legal institutions are incoherent and lack of unified context and system so that they could not run though the whole course of construction waste recycling.Consequently,we need to enhance the consistency of each section,clarify the legal context and form a unified system.For lack of corresponding implementing instructions and sound supervision system,the implementation of those laws and regulations is at a deep discount.Hence we need to perfect the legislation through a variety of ways to ensure the enforcement of the law system.