Research On Legal Issues Of Centralized Disposal Of Medical Waste In China

Medical waste is highly dangerous,and improper disposal or improper disposal will cause serious ecological environment damage and threaten the life and health of the public.Therefore,it is necessary to dispose medical waste in a centralized manner according to law.At present,the legislation of centralized disposal of medical waste in China,based on the constitution of the People’s Republic of China,takes the law of the People’s Republic of China on the prevention and control of solid waste pollution environment,the environmental protection law of the People’s Republic of China and the law of the People’s Republic of China on the prevention and control of solid waste pollution as the legal criterion for the centralized disposal of medical waste,The administrative regulations and regulations such as the regulations on the management of medical waste have been issued to guide the centralized disposal of the government,and the specific centralized disposal behaviors are regulated by formulating various disposal standards and guidelines,and a relatively perfect centralized disposal system of medical waste has been formed.With the increasing demand of people for improving the quality of life,the centralized treatment of medical waste is facing the challenge of public health emergencies.In order to promote the centralized treatment system of medical waste in China to meet the actual needs,this paper analyzes the law of centralized treatment of medical waste in China,The paper puts forward some suggestions on the improvement of the legal system of centralized disposal of medical waste in China.The first part mainly analyzes the necessity of strengthening the centralized disposal of medical waste.It is not only in line with the concept of environmental protection advocated by the constitution,but also the legislative choice to protect the health of citizens and curb the crime tendency,but also an important part of building a perfect medical waste management system.The second part is to investigate the status quo of centralized disposal of medical waste in China.The legislation and implementation of centralized disposal of medical waste are analyzed respectively.At present,the legislation system of centralized disposal in China is relatively perfect,but there are still some deficiencies in some specific provisions.According to the legal documents and the illegal performance in the process of centralized disposal,it is found that the violation of health right in the current situation of centralized disposal of medical waste is the most prominent problem in civil violation.However,due to the fuzzy boundary of centralized disposal supervision system,the administrative law enforcement of government departments is affected,and the criminal crimes are concentrated on environmental pollution crimes.The third part combs the main problems of centralized disposal of medical waste in China.The author finds that the current centralized emergency system of medical waste in China is not enough in legislation.However,there are some practical loopholes in the regulations on medical waste management,which leads to the lack of standard centralized disposal operation.At the same time,there are theoretical disputes about the centralized disposal of the relief system of ecological environment infringement,and how to effectively connect with the civil code article1232 punitive damages system is also an urgent problem to be solved.Due to the lack of clear regulations,the policies of local governments are different and only of guiding nature,which leads to the dispute on the charging mode,standard and the main body of medical waste disposal.The unclear centralized disposal of regulatory system leads to the problems of lazy administration and regulatory responsibilities.The fourth part puts forward suggestions to improve the legal system of centralized disposal of medical waste in China.First,it proposes to establish a centralized emergency treatment system for medical waste,suggests that medical institutions and centralized disposal units formulate emergency treatment plans,define the emergency disposal operation process and make regular inspection by environmental departments.Secondly,it is suggested to complete the centralized disposal registration system and refine the operation process of medical waste.Thirdly,it is suggested that the public-private law co-operation relief system should be applied to the ecological environmental damage caused by medical waste.Meanwhile,through the game matrix analysis,it is suggested to construct punitive compensation system to protect the civil rights and interests.Fourthly,it is suggested to unify the charging mode and standard for disposal,and make clear that the main payer of medical waste disposal is medical institution,and the charging standard is treated differently with or without fixed bed.Fifth,it is suggested to establish a linkage supervision system for centralized disposal of medical waste,and strictly enforce the responsibilities of each main body.It is not only required to strengthen the supervision of centralized disposal activities by the government,but also the internal supervision heads of medical institutions and centralized disposal units,and it is suggested to mobilize the enthusiasm of the masses and strengthen the external supervision of the society on centralized disposal.