A Study On The Legal System Of Environmental Deposit In China

Under the principles of the circular economy based on Reduction,Reuse,Recycle or 3Rs,many countries?regions? have adopted the environmental deposit system to solve waste disposal problems.Compared to other alternative waste disposal policies such as advance disposal fees and recycling subsidies,Environmental Deposit System,also known as Deposit-Refund System(DRS),is the most effective policy equipped with the lowest costs.DRS promotes environment-friendly designation with no similar disadvantages as products consumption tax and advance disposal fees which might cause excessive reduction in production or similar side effects with recycling subsidy which might stimulus excessive consumption.Therefore,DRS has been considered as an ideal system for regulating consumer behavior,internalizing environmental costs and increasing recovery rates.DRS has not only seen successful application around the world,but also widely recognized by scholars recently.China's constant economic growth has boosted the level of consumption,alleviating serious waste disposal problem at the same time.Under the guidance of 3Rs principles,Circular Economy Promotion Law of the People's Republic of China was promulgated in 2008.This law defines the principle of Extended Producer Responsibility and affirms DRS as a method of solid waste recycling,in a first such attempt.This thesis is divided into four sections.The first part provides an overview of DRS.It explains the concept and nature of environmental deposit and ordinary deposit in civil law and further compares environmental deposit with related concepts.In addition,this part discusses the theoretical basis of DRS from two aspects-legal basis and economic basis.The second part deals with the extraterritorial DRS based on the analysis of the DRS in Sweden,Germany,the United States and Chinese Taiwan for the purpose of comparison.The third part analyzes the legislation and practices of DRS in China and identifies insufficient parts of it.The fourth part is devoted to the construction of DRS in China.It puts forward suggestions from four aspects including the schedule of theimplementation of DRS,the levy scope of DRS,the management of DRS and the waste disposal under DRS.