Study On The Legal Issues Of Harmless Disposaling Of Wasted Photovoltaic Modules In China

Building ecological civilization is an important mission of energy transformation and energy revolution.The "Forth Revolutions & One Cooperation" major energy strategy proposed by General Secretary Xi Jinping has planned the top-level plan for China’s energy development.As a clean energy source,photovoltaic(PV)energy plays an important role in optimizing the energy structure,ensuring energy security,and establishing a clean and low-carbon modern energy system.The PV industry is a new energy strategic industry.The development of the PV industry not only meets the requirements of green and low-carbon economic and social development,but also helps promote the realization of the strategic goal of ecological civilization construction.However,due to technical constraints,PV modules not only contain a large amount of the same materials as electronic waste,but also contain hazardous substances such as toxic and harmful substances,which are legally classified as electronic hazardous waste.The harmless disposal of waste PV modules is not only an indicator of the clean,circular and resource-based development of China’s PV industry,but also an inevitable requirement for eliminating potential environmental risks in the rapid development of the PV industry.The goal of harmless disposal is to avoid and reduce the harm of waste to the environment and human body,maintain ecological safety,and promote sustainable economic and social development.It is different from recycling,comprehensive utilization,recycling and harmless treatment.It is the final link of waste disposal,and it takes waste recycling and disposal as preconditions.The disposal of waste PV modules should be based on environmental safety,efficiency and fairness.Judging from the current practice of the harmless disposal of waste PV modules in China,there are problems such as insufficient disposal power and lack of capacity.At the legal level,the above problems can be attributed to the lack of targeted legal supply,unscientific management mechanisms,low-level legal regulations,chaotic management departments,and imperfect accountability mechanisms.The European Union and the United States have conducted useful explorations and accumulated some experience in the harmless disposal of waste PV modules.Japan has also developed guidelines for the recovery and disposal of waste PV modules.Specifically,first of all,the waste PV modules are included in the scope of legal regulations;secondly,a management plan for waste PV modules is formulated;again,the producer responsibility extension system is clarified;and finally,Also made clear regulations on the disposal of historical PV modules.The experience of countries outside the region has reference value for practice and legal system.In view of the development status of China’s PV industry and the problems in reality,this article proposes and demonstrates the legal realization of the innocent disposal of waste PV modules,including: perfecting the relevant lists such as the electronic waste recycling list,the national hazardous substance list,etc.The compulsory recovery plan provides prerequisite protection for the harmless disposal of waste PV modules;establish a two-way extension of producer responsibility system to implement the harmless disposal of discarded PV modules;establish a fund for the harmless disposal of discarded PV modules.New waste PV modules undergo different financing and supervision;and establish an information sharing platform to achieve effective supervision.