| In the report to the Seventeenth National Congress of the CPC, Hu Jintao general secretary brings forward that building ecolocal civilization and developing cyclic economy are strategic tasks. The report said, to build ecolocal civilization, basically formed a industrial structure, a growth pattern and a consumption pattern that can save energy resources and protect ecological environment. The cyclic economy should be developed in larger scale and the proportion of renewable energy sources should rise significantly. The main pollutant discharge will be effectively controlled and the quality of ecological condition can significantly be improved.The concept of ecological civilization should firmly established in the whole society. Under the guidance of Ecological Civilization, developing cyclic economy, setting up the cyclic economy law system, are the inevitable requirements of the development of Chinese economic society.The Circular Economy Promotion Law of the People’s Republic of China passed in 2008. It maked the birth of a basic law which adjust the social relations in cyclic economy field. The laws of Cyclic Economy, led by Circular Economy Promotion Law, give a firm protection to the development of Circular Economy. The ecolocal civilization’s building gradually deepening, the social economy rapidly developing, but there are some questions and shortages, which are still existing or gradually exposed in the laws of Cyclic Economy, so the implementation effect would be affected. Social developing is making higher demands to Circular Economy legislation.The developing trend of the society shows, the world is in a age with great changes and transformations. Mostly presented as trial transformation:human civilization shift from industrial civilization to ecological civilization, economic formation changed from capitalist economics and material economy to knowledge economy and cyclic economy, the society’s sustainable development model replacing the society’s non-sustainable development model. Above this trial transformation, ecological civilization is core category, cyclic economy is basic modes, and sustainable development is fundamental objective.In this context, this text attempts to recognize and track the intendancy of social development, combining the concept of ecological civilization with circular economy legislation. And profits from overseas experience in circular economy legislation, investigates the present states of circular economy legislation in China, then analyse the deficiency of the theory, structure, system and responsible mechanism, in order to put forward some views to solve the problems, so it plays a positive role in promoting the legislation, which could better to meet the requirements of building ecological civilization, sustain and promote a continuous social development. It is all the research purposes.Study on the circular economy legislation from the perspective of ecological civilization, not only has important theoretical value, but also has obvious practical significance. In theory, it is reflected in three aspects:First, the study of circular economy legislative from the perspective of ecological civilization, focus on the organic integration of natural sciences, humanities and social sciences, and full absorption the theoretical results in technology, economic and institutional, thereby can expand the width of theory studies on ecological civilization, extend the research vision of ecological civilization, optimize the research methods of ecological civilization theory; second is combine ecological civilization, circular economy with the rule of law, both construct contact with Scientific Outlook on Development bridge and deepen the intension of Scientific Outlook on Development which give a new interpretation to Scientific Outlook on Development, that is, we can comprehend the Scientific Outlook on Development from a new direction combining civilization, economic with the rule of law; third, study the legislation of recycle economy that aided by the powerful theoretical tools of ecological civilization and value concept, raised the idea of legislation on recycle economy a high degree, and solidified the theoretical basis of Circular Economy Legislative Study.On the practical significance, it includes three aspects:First, the significance of the circular economy legislation, it will help improve the circular economy legislation, provide more effective legal protection for the development of circular economy; Second is the economic and social significance, it will help promote the development of circular economy, in order to build a resource-saving and environment-friendly society; and the third is the significance of environmental legislation, it will promote the transformation and perfection of China’s environmental legislation, and achieve the goal of integrate environmental protection and economic development.In addition to the introduction and conclusion, the full text is divided into six chapters.Chapter I is about ontology, which mainly discussed in the core category of ecological civilization, circular economy and circular economy legislation and their relationship. Ecological civilization is a new type of civilization that is following the original civilization, agriculture civilization and industrial civilization. Environmental problems and thus initiated ecological crisis is realistic basis of the rise of ecological civilization; People who is in the process of the ecological crisis reflect the relationship between man and nature, which is the ideological origins of the rise of ecological civilization; The development of the Ecological protection movement is an important promoting force of the rise of ecological civilization. Ecological civilization has integrity, equality and diversity. As an advanced form of civilization, ecological civilization have greatly enriched the connotation of human civilization, strongly promoted to the changes in the human’s view of nature, the formation of ecological ethics and the turn of human’s development concept, which has great significance on the protection of ecological environment, the development of a recycling economy and the realization of social sustainable development.Circular economy is the activity that is the reduction, re-use, resource-based during the process of the production, circulation and consumption. Circular economy has systematization, recursiveness and environmental friendliness. In China, as a new economic development model, the recycling economy based on resource constraints and environmental pressures caused by economic growth model that is our traditional high-mining, high-consumption, high emission, low use, low-output. Circular economy is an important way to build a resource-saving and environment-friendly society, an important embodiment to implement the scientific concept of development, a natural choice to ease the crisis of resources, an effective means to protect the ecological environment powerful way to promote sound and fast economic development, an important guarantee to achieve sustainable economic and social development.In terms of relationships, ecological civilization is the guiding ideology and value-pursuit of developing circular economy, developing circular economy is the basic path and the concrete practice of implementing scientific development notion and building an ecological civilization. In essence, ecological civilization is consistent with the circular economy, ecological civilization and circular economy contain sustainable development factors, realizing the sustainable development of man and nature is the common pursuit of building ecological civilization and developing circular economy.Circular economy Law not only includes the formal sense of "Circular Economy Promotion Law", but also includes the real sense of all legislation which reflects the requirements of reduction, reuse and resource of circular economy. In content, it involves the areas of relevant legislation about exploitation of natural resources, energy conservation, waste recycling, eco-industry and so on. In form,it contains the national and local circular economy legislation, the cycle of economic legislation. In China, the circular economy legislation can be divided into three periods:the embryonic stage before 2002, the growth phase from 2002 to 2007 and the design finalization phase after 2008. In 2008 "Circular Economy Promotion Law," carried out, which signs that basic law and the leading law that adjusts social relations on the field of circular economy was born.ChapterⅡis drawing lessons from other theories, focusing on introduce foreign circular economy and the basic experience and enlightenment in some more advanced countries. In other countries, Germany, Japan, the European Union and other major countries or regions have been actively involved in recycling economic legislation. While inspecting the background and current situation of cycle economic legislation in developed countries and regions, and analyzing the content of its legislation and the legal system, we can summarize some useful practice:the concept of recycling economic law is evolving, the law targets continuous improvement, the legal system is gradually perfecting, the structure is becoming more rational, the institutions become increasingly robust, and the content is improving. Some specific experiences and practices are worth learning from when turn to the legal system construction in China.ChapterⅢis talk about some theories, to argument the concept, the value, the orientation and principles of China’s Circular Economy Law. In this chapter, the author considers that the cycle of economic law should adhere to the concept of eco-orientation, to achieve the concept of ecological law, it is to say, in the legislation, the value orientation of the law is the ecological orders between man and nature of development, also means to guide, promote, standardize and protect the relationship between man and nature in harmony. This requires the cycle of economic law turns from the traditional method of "anthropocentrism" to "eco-centrism", and basic values is "eco-interest first". As to the specific requirements of this eidos, the circular economy would give priority to the pursuit of social obligations. At the same time, regarding the adjustment means, the cycle of economic law is a organic bond of "control-type legislation" and "to promote model legislation". From the interest perspective, Circular Economy Law which is the basic laws for environment interest, is one of the environment law, rather than belonging to economic law. According to the value of the basic principles, characteristics and universality requirements, Circular Economy Law’s basic principles should be by two components:First, reduction, reuse and resource-oriented principle, and second is the principle of shared responsibility. These two basic principles can best embody the concept of ecological civilization and the values of cycle economic law.Chapter IV for the structure theory, the main analysis is of the the shortcomings in legal system of China’s circular economy and its internal structure, and then made a comprehensive proposal. In this chapter, the author think that the legal system of circular economy, in accordance with certain principles and laws, is a certain combination with the laws which related to circular economy laws and regulations. It includes a special circular economy laws, rules, regulations and standards, but also the constitution and other specific provisions that have different effectiveness, such as other circular economy laws, rules and regulations. Constructing China’s legal system, the concept of circular economy and ecological civilization still inferior to a certain extent; it lacks of the fundamental guiding in Constitution; there also lack of supporting legislation in specialized areas such as energy, ecological agriculture, resource use and consumption; the relevant standard specifications blank; local legislation is obviously inadequate; problems of disharmony is grave between the laws about environmental protection, resources, energy, production, circulation, consumption, waste comprehensive utilization and Circular Economy Promotion Law, and even some provisions of certain aspects mutually conflict.To improve the legal system of circular economy, we must be on the guidance of Scientific Development Concept and ecological civilization concept, adhere to eco-law methodology, get rid of the administrative-type and sectoral legislation-based legal system, build a scientific system of circular economy law, highlight the promotion-participatory legal system, establish the circulatory economic law system of legal, economic and technological means as the primary, with necessary administrative means as a backup; increase the terms of developing circular economy in the Constitution; establish and perfect the relevant supporting laws and regulations; formulate relevant standards and norms; strengthen the local legislation; speed up the ecologization of other laws; coordinate the relationship between Circular Economy Promotion Law and legislation about resources and energy exploitation and utilization, pollution prevention, timely amend to relevant legislation, so that the legislative package can coordinate, playing an integral force,ChapterⅤis about system theory, which mainly assess the existing legal system of circular economy, and give recommendations for the improvement of the key system. In this chapter, the author believes that developing recycling economy, building an ecological civilization, there must be scientific and rational and effective protection of the legal system. The primary mission to the cycling economy laws construction is to build and improve the legal system, which is good for promoting the healthy development of circular economy and adapt to the normal operation. According to the diversities about position, effect,and scope in the Circular economic law, the legal system of circular economy can be divided into the basic legal system (basic system) and the special legal system (special regime).The basic system of Circular economic law is made up of development plans, total-control policies, evaluation and examination index system, extended producer responsibility (EPR), supervisory and administrative system, recycling economic statistics, standard system and product-resource-consumption mark system; but the directory system, ecological design system, dismantling and re-use system, which encouraged, restricted and eliminated the technology, process, equipment, materials and products, belong to the special legal system of Circular economic law. By an analytical assessment of the basic system and special legislative status in current recycling economic legal system, the system is also found some problems and shortcomings. We should be under the guidance of the concept of ecological civilization, perfect basic systems and special systems in terms of specific content of system, the force of law, supporting institution.Chapter VI of responsibility theory is mainly talk about the responsibility. It reviews the legal status of China’s circular economy and to put forward the opinion that reshape the legal liability system of circular economy by the concept of ecological civilization. This chapter believes that from the requestments of ecological civilization, the concept of circular economy legal responsibility shall be interpreted expansively in order to include both negative legal result in a sense of consequence and initiative legal compliance in a sense of behaviour. Emphasis the legal obligation of Government, enterprises, other organizations and citizens in the development of circular economy and the legal consequences who breaches statutory obligations should undertake corresponding liability, will better facilitate the development of the various subjects to fulfill their duties or obligations of recycling economy in order to better promote the circular economy development. "Circular Economy Promotion Law" and the relevant laws and rules, and regulations, from different angles and dimensions, have a rule on each of the main provisions’legal liability in the development of circular economy. However, in the current cycle of economic and legal liability provisions, some mandatory acts lack of accountability mechanisms, some illegal responsibility weighted too little and less bound to local government, difficult to implement the responsibility and incentives, responsibilities content is not comprehensive, lack of social responsibility, and the liability of the registration system is incomplete.To this end, the suggests is to regard concept of an ecological civilization as a guidance, reshape legal responsibilities from all aspects:build perfect responsibility of improving the mandatory acts of restraint mechanism, strengthen the responsibility of incentives and the legal responsibility of local governments, enrich the penalties for illegal activities and the responsibility of content, actively develop the insurance, funds and social security, improve the mechanism of social guarantee responsibility of enterprises’ interior mechanism.To achieve the above-mentioned research content and objectives, the research methodology this paper, mainly use comparative analysis, historical analysis, benefit analysis, systems analysis methods. Comparative analysis consistently throughout the text. With this method, The legislation of recycle economy in different typical countries domestic and overseas are analysised and compared, including compares on ecological civilisation and industrial civilization, Circular Economic Law and Economic Law and so on. Circular Economy Legislation in the analysis of the position, the author using Stakeholder Analysis, described that the circular economy act is an environmental act rather than economic act. This is different from the traditional "adjustment object" and "adjustment means" analysis standard. Besides, historical analytic and system analytic is also fully reflected the paper.It must be admitted that, due to the short development of circular economy legislation, especially the "Circular Economy Promotion Law" soon after it came, the concept, principles, systems, institutions and responsibilities of the circular economic law still need to be examined and developed in practice. With the continuous deepening of ecological civilization construction, and the continuous development of the social economic situation, China’s Circular Economy Law needs constant betterment in structural system, institutions and legal obligation, in order to better protect and promote the further development of ecological civilization construction.In short, ecological civilization is the basic values guiding China’s circular economy legislation, is one of the prime criteria for weighting strengths and weaknesses in legislation of recycle economy. Circular Economy Law is the legal guarantees for promoting China’s ecological civilization construction, it indicate the trend of development of environmental law. |
PDF Full Text Request