Study On The Legal System Of Separate Collection Of Municipal Solid Waste

Separate collection of municipal solid waste is the starting point and basis of the municipal waste sorting work currently underway.It has the characteristics of basic measures,multiple subjects,multiple means,and dual effects.From a global perspective,it has become a basic consensus to implement separate collection of urban domestic waste through legislation.For example,developed countries such as Europe,Japan,and the United States and China's Taiwan have practiced for many years.They have a comprehensive legal system including a circular economy promotion law,a special law on waste management,and a separate law for classified categories.The rights and obligations of citizens,operating collection companies,enterprises with producer responsibility,and residents' autonomous organizations are clearly defined,legal responsibilities are more stringent,and various specific legal measures are used to promote the diversification of the cost of urban domestic waste treatment.In contrast,the Solid Waste Pollution Control Law,which is an important legal basis for the classification and collection of urban domestic waste in China,is still incomplete,the Effectiveness of the Municipal Living Waste Management Measures is too low,and the single-line method for classifying species is missing.The status quo of legislation indicates that the legislative system for the classification and collection of urban domestic waste in China is still incomplete;in terms of rights and obligations,citizens' right to know and participate is not guaranteed,the division of powers between government departments is not clear,and domestic garbage management companies The problems of unequal rights and obligations of producers and the lack of confirmation and protection of the legal status of urban residents' autonomous organizations need to be improved;measures such as unified collection and identification,regular fixed-point collection,and collection of domestic waste treatment taxes and fees were implemented at the pilot stage.The problem is exposed;behind the "difficult to implement" is the lack of measures to blame the government as a whole,a single means of punishment for citizens and household garbage collection companies,and the embarrassment of "no punishment" for companies with producer responsibility.Based on the experience of extraterritorial legislation,the following suggestions are made for the legislation on the collection of municipal solid waste in China: First,the Solid Waste Pollution Control Law is amended to improve the effectiveness of the Municipal Solid Waste Management Measures.,Regulations on the Promotion of Collection and Recycling of Containers and Packaging,and Regulations on the Promotion of Collection and Reuse of Kitchen Waste,etc.,and other regulations,the “ one city,one law ” will be established in each local city after the trial,and a complete legal system will be established.Second,refine the functions of various government departments,clarify the citizens' right to know,participate,and supervise,and give urban domestic garbage classified collection and business enterprises "the right to compensate for the actions of rulers and the right to compensate for unforeseen circumstances" and guarantee the right to supervision.And the realization of the right of rejection,the establishment of“ collection and reuse of data reporting and public disclosure obligations ” for producers with the responsibility of producers,and guaranteeing the supervision rights of residents 'autonomous organizations;and again,improving basic legal measures for the separate collection of urban domestic waste,including the establishment of The system of paid use of special garbage bags and the establishment of a producer-responsible enterprise product collection and disposal organization.Finally,we will strictly pursue legal responsibilities,introduce the executive head responsibility system,implement fines,compulsory education,joint punishment,and other means to restrain citizens and add "qualification penalties" to urban domestic garbage operating enterprises.