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The Jurisprudence Angle of the Recycle Economy Legislation

Author: HuangQueZuo
Tutor: ChenQuanSheng
School: Fuzhou University
Course: Environmental and Resources Law
Keywords: recycle economy recycle economy legislation wholism
CLC: D912.29
Type: Master's thesis
Year: 2006
Downloads: 292
Quote: 2
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Recycle economy is that an Omni-directional system reformation or order type in fact. How such a kind of“from top to bottom”system can be effectual and how we can refer to the external experience and make the system based on China’s reality, then the primary prerequisite is to have abundant theories preparation before legislation. The law is the entity of value and technology, the research of the recycle economy legislation should pay attention to the teleology questions at first, i.e. the value of the recycle economy law; secondly it is a technological question, and the technological question should start with methodology questions sequentially, and then probe into the normally designed ontology questions.The appearance of the recycle economy law is a kind of complicated legal phenomenon. To investigate the recycle economy legislation from the multidimensional angles of the jurisprudence, this article points out, from the right view, the basic values of the recycle economy legislation of our country are efficiency, fair, security and order, and the key one is the efficiency; the efficiency value in the recycle economy legislation is the unity of economic efficiency, social efficiency and ecological efficiency. The efficiency and other values can be unified in the recycle economy law under a lot of situations, but conflicts of all basic values can take place unavoidably, so the conflicts of the recycle economy law and the value should be solved by the scientifically designed procedures.The methodology basic point of the research of the recycle economy legislation is the wholism angle with the value orientation of improving the efficiency. The“wholism”stressed here is not merely to study the society as a whole, and it emphasizes that human society is a bigger wholism angle of a subsystem of ecosystem.The wholism angle of the research of the recycle economy legislation requires to analyze the concrete questions through synthetically applying of multi-disciplinary research approaches, among which the law sociology analytical method of the legislation is particularly important. The link of recycle legislation should be considered in the whole running of legal system, and further investigation of the multidimensional relation of the recycle economy law and the society should be made; the recycle economy regards the human economic system as an open subsystem of the ecosystem. By view of the systematic theory, the recycle economy law is a subsystem of the ecosystem or a part of it. Therefore we find another study approach, i.e. the structure-function analytical method of the recycle economy law. The recycle economy legislation can be said to deal with economic system and the opening, complexity, dynamics and multi-level of ecosystem with human’s limited reasons. This requires that on the premise of keeping the stability of the law, the regular design should as much as possible meet the requirement of complicated and changeable new situations. The structure-function analytical method of the recycle economy law helps to reduce risk of choosing and makes the recycle economy law have adjustable systems with open function and lasting optimization.

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