| 英文摘要 |
The law of resource recycling and recovery has been implement since 2003 on July, 3, the current system of offal treatment and resource recycling in our country, the legislative way that the law of offal cleaning and the law of resource recycling and recovery are formulated side by side has already many questions relevant to improvement and making clear it on the conflict of regulation, relative important concept and the explanation and even in the execution of economy. Because the legislative way of the two laws formulated each other doesn’t been divided clearly on the concept and responsibility, it also hinders the goal of effective management from controlled source to the end.
Since the law of resource recycling and recovery has been announced and implemented, there are still suspicions from all walk of life relevant to the condition of §2, resource recycling code which is a feasible confirmative standard of recoverable economy and technology of recovery. Because the feasible condition of technology of economy and recovery will change with market factor, how to make a objective standard still remains to grind and draft. Moreover, the law of resource recycling and recovery rules that the mechanism of re-use and recovery are different; In addition, the current law of offal cleaning relevant to the definition of re-use and treatment is also different with it; the two laws implemented side by side results in the power and responsibility of authority overlapping and the diversity of law-enforced standard, and even making proprietor uncertain what to do. Moreover, on the one hand, offal cleaning code relevant to the concept of the offal doesn’t rule its definition, but on the other hand, it also considers that the offal is still a suitable object for recovery. Hence, it’s uneasy known in current law what’s its boundary line and distinguishing standard between the object of recovery in offal cleaning code, the offal, and reborn materials in the law of resource recycling and recovery. In brief, whether the offal code should take the norm that two laws are formulated side by side as before, or should consult international norm of merger offal with resource at present, there is a very urgent necessity about carrying on research in fact in order to perfect the managing system of offal.
This plan is combining the offal cleaning code with the law of resource recycling and recovery, and making our country’s offal cleaning code complete in the future by the opportunity of revising the law through the referential and guiding way relevant to offal manage of Basel Convention and other environmental protection advanced countries and areas (for example U.S.A, Germany, Japan and European Union) at the same time, and integrating with the trend of the offal managing policy in the world.
The concrete suggestion included in the draft that this plan drafts is as follows: First, we should adopt broad definition of offal in the future such as the relevant managing system of offal in Basel Convention and European Union. Namely the concept of the offal should include fixed meaningful offal, and the offal can be re-utilized as resource. And consulting the above-mention foreign legislative example way of standardizing, we should clearly formulate the offal, regulative object and contents of cleaning behavior. Second, we should replace the duty of expense with the behavior of responsible proprietor in charge to improve its economic inducement for promoting the green design and production of products, in order to reduce becoming a large number of intractable offal in the future. We should also take the norm and management of offal’s code relevant resource recovery for avoiding emergence on “with name of utilization of resource, walk illegal offal treatment real”.
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