Research On The Legislation Of New Energy Vehicle Power Battery Recycling In China

At present,China’s new energy vehicle power battery industry is still immature.Although the scale has leapt to the first place in the world,statistics show that the power battery recovery rate in 2018 is only 22.9%.The construction of the recovery system needs to be resolved urgently.As the source of power for new energy vehicles,more than 95% of the power batteries currently used are ternary lithium batteries and lithium iron phosphate batteries,which contain a large amount of heavy metals such as lithium,nickel,and cobalt.Improper disposal of used power batteries will seriously harm the human body Health,causing irreversible environmental pollution.In recent years,China has issued a large number of policy documents to regulate the power battery recycling industry,including a series of administrative regulations,power battery recycling technology policies,and industry standards for waste battery recycling,but has not yet formed a complete legal system.In the new era of socialism with Chinese characteristics,improving the legislation of new energy vehicle power battery recycling is an organic combination of implementing a sustainable development strategy,building a socialist ecological civilization,and ruling the country according to law.Chairman Xi Jinping pointed out at the 2018 National Conference on Ecological Environmental Protection that“Protecting the ecological environment must rely on the system and the rule of law.”This is China’s determination to build a socialist ecological civilization.Therefore,to truly solve the problem of recycling of new energy vehicle power storage batteries,it is necessary to continuously improve the relevant legal system and promote the mutual promotion and common development of the rule of law civilization and ecological civilization.In this paper,by reviewing the current status of China’s new energy vehicle power battery recycling legislation,it is concluded that the lack of legislation and inadequate legal systems are the important reasons that lead to the problem of China’s new energy vehicle power battery recycling.In the process of exploring power battery legislation,this article starts from the theory of sustainable development,the theory of environmental rights,and the theory of extended producer responsibility,and demonstrates the justification of legislation from the perspectives of necessity,feasibility,and extraterritorial legislative experience.Based on the urgent needs of protecting the health of individuals,protecting the interests of specific groups,and meeting the common needs of society,China’s new energy vehicle power batteryrecycling legislation is imperative.Through the legislative basis,legal regulation methods and realistic operability,we conclude that China’s new energy vehicle power battery recycling legislation is practical.According to the research,in order to effectively solve the problem of new energy vehicle power battery recycling,it is necessary to take environmental safety as the bottom line,establish a complete order basis,and allocate reasonable recycling obligations for consumers,but only if the government guides the enterprise and implements extended producer responsibility system.Specifically,based on China’s national conditions,it is reasonable to learn from foreign legislation experience to build a legal system with extended producer responsibility as the core.Under a market economy,the key is to guide power battery manufacturers to take the road of environmental protection.Therefore,the recycling of power batteries must stipulate the environmental protection responsibilities of enterprises in a legislative way.Furthermore,the responsibilities and obligations of relevant entities such as the government and consumers must be clarified,and a comprehensive recycling legal system must be established.