Study On Legal System Of Compulsory Recycling Of Express Package

Article 9 of the civil code of China stipulates that "the civil subject shall be beneficial to saving resources and protecting the ecological environment when engaging in civil activities." This article is also called "green principle" of our country.As one of the basic principles of the civil code,the green principle must be implemented in the civil code.However,it is very regrettable that the newly effective civil code has few bright spots in the concrete and institutionalization of the green principle.With the rapid development of online shopping,the environmental pollution caused by express packaging is becoming more and more serious.Express packaging has become an important reason for environmental problems.Although the civil code of China stipulates the obligation of recycling old goods in article 558,it is very regrettable that there is no compulsory recycling system for express packaging in response to the increasingly serious environmental pollution of express packaging.This paper holds that it is necessary to stipulate compulsory recovery obligation in the contract of sale in civil code,and take it as the accessory obligation of the seller according to the extended producer responsibility system,and the express enterprise shall bear the obligation of recovery,and the specific rules shall be implemented by the administrative regulations or departmental regulations in the express delivery.Specifically,this paper first demonstrates the private law attribute of compulsory recovery of express packaging,and thinks that the compulsory recovery system of express packaging belongs to the scope of civil legal norms and regulations,and analyzes the defects of the legal system of compulsory recovery of express packaging in private law.Secondly,it demonstrates the public law attribute of the compulsory recovery system of express packaging.Considering the complexity of environmental problems and the limitation of civil law,it is not possible to achieve the expected effect of establishing the system only by civil law.It must rely on the joint efforts of multiple departments to form a joint effort to jointly manage the compulsory recovery of express packaging.At the same time,it analyzes the existence of the compulsory recovery system of express packaging in public law In the defect.Finally,this paper constructs the compulsory recycling system of express packaging from private law and public law.That is,on the basis of reference of relevant system and measures abroad,the civil legal system of compulsory recovery of express packaging is improved,and legislative suggestions are put forward for the compulsory recovery system of express packaging in China.This paper suggests that the compulsory recovery obligation and the main body of obligations in each link of express packaging should be clearly stipulated in the civil code.The compulsory recovery system of express packaging should be implemented in the Interim Regulations of express delivery,including the establishment of special chapter to stipulate the compulsory recovery system of express packaging,the construction of the standardization of strong system recovery of express packaging,the supervision mechanism of compulsory recovery of express packaging and the formulation of express packaging The system of economic incentive for compulsory recovery;the establishment of multi subject qualification system of public interest litigation in civil procedure law;the explicit extension system of producer responsibility in environmental protection law;and the improvement of criminal liability of compulsory recovery of express packaging in criminal law.Thus,it makes up for the legal gap in the compulsory recovery system of express packaging in China.