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Discuss On The Legal Regulation Of Excessive Packaging Of Goods

Posted on:2020-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:M LongFull Text:PDF
GTID:2416330575490507Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Commodity packaging is closely related to our lives.It carries functions such as protecting goods,facilitating sales,facilitating transportation,guiding instructions,and advertising marketing.However,in order to pursue the interests of many merchants,the packaging of the produced goods exceeds the basic functions of the packaging,and the performance is excessive in the number of packaging layers,the packaging void ratio is too large,and the packaging material value is too high.Producers attach packaging costs to consumers,not only disrupting market prices,but also damaging consumer rights.What is more serious is that excessive packaging has increased the waste of resources,and packaging waste has caused great damage to the environment.This paper demonstrates the legality of restricting excessive packaging from the perspective of law.Adhere to the problem-oriented,start from the impact of excessive packing on the environment,learn from the advanced experience of foreign countries,and propose the construction of a legal system that restricts excessive packaging in China.It is intended to provide a valuable theoretical reference for improving China's legal system for restricting excessive packaging of goods.The main body of the paper is divided into five parts.The first part of the paper is to explain the basic concepts of excessive packing.Firstly,the definition and classification of excessive packing are described.Secondly,the causes and harms of excessive packing are analyzed,and then the necessity of restricting excessive packing is proposed.The second part of the paper is to demonstrate the legality of excessive packing.The first is to sort out the different views on whether to restrict the legality of excessive packing.The negative theory is that the excessive packing is illegal from the perspectives of the civil law's principle of supremacy of private rights and the principle of autonomy of will;it is said that it is based on the theory of ecological civilization,the theory of sustainable development,and the principle of greenness to limit the legality of excessive packaging;Finally,I compare the different view points and believe that restricting excessive packaging and developing green packaging is an inevitable direction of the packaging industry.The third part of the thesis is to sort out the laws,regulations and technical standards that restrict the excessive packaging of goods in China.First,we will sort out the laws and regulations that restrict the excessive packaging of goods in China;and then sort out the technical standards that restrict the excessive packaging of goods in China.Finally,it summarizes the shortcomings of China's legal system of restricting excessive packaging of goods.The fourth part of the thesis is to learn from the foreign legal system that restricts excessive packaging.The first is to sort out the laws and regulations restricting excessive packaging in the EU,South Korea,and Japan,and secondly to abstract out specific legal systems,such as the extension of producer responsibility system.Then analyze the reference significance of these legal systems to China's restrictions on excessive packaging legislation.The fifth part of the thesis is to explore countermeasures to limit the excessive packaging of goods.Suggestions and measures are proposed from the four aspects of formulating special laws restricting excessive packaging,refining relevant standards.
Keywords/Search Tags:excessive packaging, principle of autonomy, Ecological Civilization, legal system
PDF Full Text Request
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