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The Construction of Environmental Deposit System in Our Country

Author: WangXueLi
Tutor: SunFeiYa
School: Dongbei University of Finance
Course: Environment and Resources Protection Law
Keywords: Solid waste Environmental deposit National Environmental Management Rights Extended producer responsibility Recycling economy
CLC: D922.68
Type: Master's thesis
Year: 2010
Downloads: 67
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Abstract

With the industral development and technological progress, the process of social urbanization is also accelerating, every means of high-tech is gradually be uesd.At the same time of the people’s living standards improved, a large number of solid waste was also be generated. Since the 60 years of last century, a variety of bottled and canned drinks were put into the market, canned industrial agents has been widely applied to industrial and agricultural production. In addition, the continuous development of electronic information also brings a variety of waste electrical appliances, batteries and other trash. The solid waste became completely loss or only be small economic value after used, and very easily be thrown away. However, these solid wastes containing a lot of mercury, cadmium and other toxic and harmful substances, they would not only seriouslly pollute the water, soil, air and other environmental resources,but also would pose a serious threat to the human health and the ecological safety.On the other hand, the solid waste which also contains a lot of precious metals, organic compounds and other available substances, if they can be effectively used for its recycling, that can save a large amount of resources. How to properly handle the matter of solid waste has became a major issue of ecological environment protection and resources conservation.In view of this, every countries on the base of continuing explorion and lessons learning, has formated a recycling economy development model of the economic means to solve the growing problem of solid waste pollution problems. Circular economy in order to "reduce, reuse, recycle" (3R) as a code of conduct for social and economic activities, emphasis on the transformation of pollution control by the "end of pipe" to "source control". Namely, achieve the maxium utilization of resource with the matter and energy that into the system,and minimizing the pollutant emissions.In the protection of the environment while increasing economic efficiency, thereby promoting the harmonious development between man and nature. The deposit system environment in pursuit of the concept of circular economy, with its unique economic incentives and flexible, has a good effection in advance of solid waste pollution prevention and controlation, thus winning universal attention in developed countries. In Switzerland, Germany and other Western countries have been fully used, and become an important field of environmental protection legal system. Practice has proved that the system to reduce pollution, protect environment, improve the utilization of solid waste has a very good role.But now, the environmental deposit system has not been established in our environmental law,and the theoretical study of environmental law also involving it few, at the initial stage.Large numbers of solid wastes in China and has become an important source of environmental pollution in reality, it is necessary to establish a rational system of environmental laws to curb the increasingly serious source of environmental pollution. Environmental deposit system with its unique ecnomical incentives, can effectively control the people to freely discarding potentially contaminated items, to achieve the controlation of environmental pollution in advance. Therefore, the strengthening study of the environment deposit system is no doubt has important theoretical and practical significance. A sound conduction of environmental deposit system is not only to improve the theoretical system of environmental law, but also helps to improve the rule of environmental law, realize our country’s environmental protection objectives.We should give full consideration to the specific national circumstances and learn the practical experience of Western countries,and then build a suitable environmental deposit system for our country’s development on the legal aspects.This article discusses the construction of environmental deposit system in China with six parts.The first part is the introduction, mainly describes the topic background, content and significance, also with the research methods of this paper, to pave the way to start the discussion below.The second part outlined on the environmental deposit system,including the concept of environmental deposit, also with its characteristics and the legal nature,and its influence to the relevant actors. The third part discusses the theoretical basis of environmental deposit system, including the legal basis and economic basis. From the perspective of jurisprudence, environmental deposit system is built on the base of environmental right, national environmental management and extended producer responsibility system. From the perspective of economics, the environmental deposit system is built on the base of the theory of public goods and environmental externalities uneconomic. Part IV discusses the practice of foreign countries’ environmental deposit system and its enlightenment to our country. By reviewing Sweden, Germany, the United States, Japan and other developed countries’practices of environmental deposit system, summed up the enlightenment to building environmental deposit system of our country. The fifth part inquires the necessity and feasibility of building environmental deposit system in China.Because of the urgent need for real life and the lack of existing laws, China has established the need for environmental deposit system. In addition, China has established the policy basis for environmental deposit system and has based a long-term practice of solid waste management, also the environmental deposit system has a lower legal operating cost.Therefore, it has a feasibility to establish the environmental deposit system in China.The Section VI presents the specific recommendations to the construction of environmental deposit system in China.Including the receive identification of the environmental deposit system, return system, the use of management system, disposal system, recycling materials, and the legal responsibility in environmental deposit system, and the dispute resolution of environmental deposit system,also related to the recommendations on handling of the special issues.The innovation of this paper is to apply economic models to analyze the environmental deposit system, and for our country’s specific economic and consumpti on level of building a operable environmental deposit system, and finally using a flow chart of the entire operating to general the whole mechanism of environmental deposit system.

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CLC: > Political, legal > Legal > Chinese law > Natural Resources and Environmental Protection Act > Environmental Protection Act
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