Research On Express Waste Regulation

The spread of express waste is a serious problem in China.In 2016,the State Post Bureau issued the implementation plan for promoting the green packaging work of express industry.It made clear that "express packaging should make obvious effects in green,reduced and recyclable,and promote the rule of law management of express package." In February 7,2018,the AQSIQ and the National Standard Committee revised the "express packaging products" to further refine the specific standards of green packaging for express delivery.In recent years,the related express enterprises and e-commerce platform have responded positively,and introduced the "shared express box"," Rookie Green Alliance Charity Fund " and other measures,to a certain extent,relieved the problem of the spread of express package.However,these spontaneous activities lack scale effect and the effect is not obvious.The regulation of express waste should start from the actual situation,seek a more appropriate regulation path,rely on the corresponding legal system and supplement the perfect regulatory mechanism,so as to solve the problem fundamentally.The first part mainly discusses the necessity of regulation of express waste.First of all,the concept of express waste and its essence are analyzed.The concept of express waste has a broad and narrow sense.In this paper,the concept of special express waste is used to discuss more pertinent,in order to solve the problem of express waste.The express waste refers to the waste that is produced after it is discarded after the goods are packed away from its packaged goods.Express waste is also the category of packaging waste,but express packaging is the two packaging on the original packaging of goods,in order to meet the convenience and safety of transportation.The essence of express waste is the transfer of original land cost toenvironmental capacity and environmental pollution cost.Secondly,the huge pressure of the assimilation of the express waste and the municipal solid waste,the low efficiency of the market related enterprises,the related policies and the law,make it necessary to regulate the express waste.In the second part,through the analysis of the relevant policies and Guidance Opinions of the express waste,the regulation of the express waste can be extracted from the standard of material selection and the recovery and utilization of the two expectations path,but for the consideration of the operational angle,the two realistic paths can be improved,and the "recycle and utilization" as the core can be used.Mechanism ".The existing pure compulsory mode,that is,the mandatory recovery and the guided incentive model,that is,the independent recovery and utilization are both irrational and contrary to the expected regulation path.The third part puts forward a contractual mode of regulation that fits the expected regulatory path,which is a typical model of voluntary environmental agreements.The government issued a unilateral statement,set the corresponding obligations standards,and promised that the participating enterprises should pay the corresponding reward when they complete the specific tasks.Through self commitment or further consultation with the government,the enterprise finally reached a contract to manage express waste.This kind of environmental agreement enables enterprises to shoulder the responsibility of dealing with waste disposal,which is compatible with the "cost benefit" of enterprises.It is a systematic project to design the corresponding legal system after defining the contractual regulation mode.A logical deduction is carried out on the basis of "the object of regulation-the determination of obligations-standardization of standards",which can culvert the basic aspects of the specific legal system of express waste.On the basis of the continuation of the principle of producer extension responsibility,we can grasp the connotation and extension of the "producer",sum up the multi stakeholder involved in the express waste in practice,and abstract five kinds of regulation objects,such as the government,the express packaging enterprise,the e-commerce platform,the express enterprise and the consumer.On this basis,the contract subjects of environmental agreements are clearly classified into four categories,and the obligation setting should be differentiated according to the four types of agreement subjects.In the environmental agreement,the government sets seven obligations,the eight duty of the express packaging manufacturer,six obligations of the electronic business platform,and eight obligations of the express delivery company.Through the environmental agreement,the newly revised "express package articles" is raised from the recommended standard to the legal standard,and the recovery and utilization standard of "the amount of express number as the benchmark is used".In order to facilitate the further development of environmental agreements in the future,the green standard system of express industry can be further constructed.The fourth part is to solve the implementation and supervision of contractual regulation mode.The implementation of the system focuses on the good implementation of the restraint mechanism.The unity of the hard responsibility and the flexibility of the soft constraint mechanism is the pursuit of the modern constraint mechanism.The organic combination of the two can improve the efficiency of the supervision of the express waste.In the aspect of hard liability restraint mechanism,it is necessary to define the responsibilities of various entities in breach of obligations in environmental agreements.In terms of soft liability constraint mechanism,we should focus on solving the enthusiasm of enterprises involved in the implementation of related environmental agreements for express waste.Therefore,the government can encourage enterprises to conclude environmental agreements through policy support,such as subsidies,tax relief and credit preferences.At the same time,the express waste recycling quota transaction market is constructed,the market potential is further excavated,and the enterprise will feel the prospect of profit making,thus further enhancing the willingness of the enterprise to conclude the agreement.The characteristics of contractual express waste regulation mode reflect the inadaptability of government functional departments to the long supervision of express industry in the past.Therefore,it can be unified by the local environmental authorities.On the one hand,it can concentrate on the related affairs of the express waste environmental agreement,and facilitate the development of business and accountability mechanism;on the other hand,it responds to the government’s determination to govern the express waste,so that the public can actively assist the treatment of the express waste.