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Research On Legal Regulation Of Express Packaging Waste Recycling

Posted on:2023-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:M J LiFull Text:PDF
GTID:2531306623994969Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid development of China’s e-commerce,people are increasingly enjoying the convenience brought by online shopping.The National Express business volume has also maintained a steady growth year by year.As a result,the consumption of various express packaging materials has also increased year by year.At the same time,the random disposal of express packaging waste and the surge in consumption year by year have brought about increasingly serious environmental pollution problems.Therefore,the state has put forward governance ideas of reduction,recycling and greening.At the end of 2020,the "opinions on accelerating the green transformation of express packaging" issued by eight departments including the national Development and Reform Commission clarified the goal of green transformation of express packaging for the first time.According to the requirements of the opinions,the green transformation of express packaging needs to comprehensively establish a legal,standard and policy system suitable for the green concept,and needs to make efforts at the same time in all links such as production,consumption,recycling and disposal,so as to form a long-term governance mechanism of the whole industry chain,which requires significant progress in the development of new models and new formats of green recycling.Recycling is the premise of cyclic utilization.The introduction of the opinions not only provides guidance for strengthening the green governance of express packaging in China,but also puts forward new requirements for further regulating the recycling of express packaging waste.At present,there are few legal regulations in the field of express packaging recycling in China,such as the measures for the administration of mail express packaging and the Interim Regulations on express.Some of these norms have unclear division of rights and responsibilities,and some lack mandatory and operability,can not form a perfect normative system,and play a limited role in restricting and guiding express packaging recycling.The legal act of express packaging waste recycling involves a wide range of participants.However,the relevant legal norms have problems such as incomplete identification of the responsible subjects and lack of force.At the same time,there are problems such as lack of recycling standards,imperfect incentive and supervision system,imperfect legal liability system and litigation system in specific operations.Therefore,by studying relevant laws and regulations,standards and policies,this paper analyzes the legal problems existing in China’s current express packaging recycling,and tries to put forward targeted legislative suggestions on the basis of existing legal norms.The key point of the proposal is to further regulate the recycling link of express packaging in the administrative measures for mail express packaging,and set up a special chapter to specify the packaging recycling and incentive measures,including establishing the principles of green recycling and extension of producer responsibility,clarifying the recycling responsibilities of mailing enterprises and other participants,the object and scope of recycling,the standards and methods of recycling,etc;In the chapter of supervision and management,clarify the management specifications,supervision subjects and corresponding responsibilities of express packaging recycling;In the chapter of legal liability,add the legal consequences that the responsible subject will bear if he violates the above provisions.At the same time,it is suggested to clarify the extended producer responsibility system in the field of express packaging waste recycling in the law on the prevention and control of environmental pollution by solid waste,establish the environmental deposit system in the circular economy promotion law,clarify the content of compulsory recycling in the Civil Code,and improve the incentive system,supervision mechanism and legal responsibility system related to express packaging recycling in the form of legal norms.In this way,we can promote the construction and improvement of the legal system of express packaging recycling,rely on multi-sectoral laws to form a joint force,jointly manage the pollution of express packaging,and promote the sustainable development of economy,society and ecology.
Keywords/Search Tags:Express package, Recycling, Legal regulation
PDF Full Text Request
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