Research Of Extended Producer Responsibility Law

The world's rapid economic development let increasingly enriched products continue meeting people's material and spiritual needs,bring human society to a more prosperous stage.At the same time,the waste of these products in the post-consumption stage make the environmental pollution and destruction more serious.It is in this era and context,the Extended Producer Responsibility(EPR)theory came into being.Extended Producer Responsibility is one of the environmental protection laws and policies that reflect precautionary principles,it actually require the producers to bear the extension responsibility in order to reduce the impact on environment throughout products' life cycle.Through the extension of the original producer responsibility and the implementation of the whole process control,Extended Producer Responsibility remove lot of shortcomings in the past "end governance".The theory grew rapidly in the major developed countries after it's generation,and gradually form a system.EU,U.S.,Japan and other countries have established relative complete legal system.The current subject clarifies the main body and the contents of Extended Producer Responsibility from the view of legal,compare and analyze the status of the legal system in foreign countries on Extended Producer Responsibility,as well as describe the current situation and existing problems of Extended Producer Responsibility legal system in China,put forward a strategy to establish and improve the Extended Producer Responsibility system,including perfection of the legislative system and recovery mode,improvement of the incentive mechanism and strenghing of constraint mechanism to tackle the problem.This paper is structurally divided into four parts.The first part described the basic theory of the Extended Producer Responsibility based on the discussion on the concept of Extended Producer Responsibility,the main object and the scope of discourse,identified that the main responsibility bearer of the Extended Producer Responsibility is the producer and discussed theoretical basis and implementation necessity of the Extended Producer Responsibility.The second part describes the cases and evaluations of Extended Producer Responsibility system in foreign legislation.This part collate and analyzed Extended Producer Responsibility of the producers in the EU,U.S.,Japan and other countries,summarized their respective legislative experience.The third section discussed the existing problems of China's Extended Producer Responsibility system.Due to lack of technical indicators and enforcement regulation,China's Extended Producer Responsibility system is not perfectly operable,meanwhile,the recycling system is not standardized and the related incentive mechanism and constraint mechanism are not well established neither.Improvement on legal system of Chinese producers' Extended Producer Responsibility are discussed in the fourth part.In this respect,the author proposed four suggestions: To improve the industrial and technical standards and make perfect the Extended Producer Responsibility system catalog;To fully establish the recycling system of Extended Producer Responsibility;To strengthen the construction of the incentive and restraint mechanisms of the producers' Extended Responsibility system.