Multi-dimensional Interpretation Of The Environmental Deposit System Of Domestic Refuse And Construction Of China

In the world today,domestic waste disposal has become a global ecological and environmental problem,to which both the developed and developing countries have been trying to find solutions.Environmental deposit system is one of the important options.The environment deposit system of domestic waste refers to the legal system of deposit guarantee obligation imposed by the persons(the consumers or the industries)who have legal obligation(former deposit obligation)for the recovery and disposal of domestic waste in the intravenous industry chain of domestic waste recycling and disposal.It has been so widely used in developed countries that the average recovery rate of specific domestic wastes,such as beer bottles,beverage bottles,waste tires,batteries,waste household appliances and computers,reaches over 80%.Since the reform and opening up,China’s economic development has made tremendous achievements.More and more domestic wastes has been produced,so as to bring the disposal of domestic waste two difficulties.On the one hand,because of insufficient recycling power,a large number of domestic waste discharged into the environment brings environmental more and more pressure,forms garbage siege dilemma,even seriously affects the urban environment and social stability;Conversely,unthorough and unstandard recovery of the domestic waste may lead to secondary pollution.Therefore,it is necessary to introduce the environmental deposit system into the recycling,utilization and disposal of domestic waste in China,so as to stimulate the enthusiasm and initiative of the recycling subject,to control the recycling and utilization flow of renewable resources,to promote the reduction,recycling and harmlessness of domestic waste,to solve the problems such as domestic waste encroaching on land,polluting water bodies,surrounding and encircling cities or villages,and to alleviate the resource shortage in the economy development.The construction of China’s environmental deposit system for the domestic waste must be carried out in accordance with its institutional logic.The institutional logic is the intrinsic reason why a system is it’s pattern,and the theorization of the intrinsic law of the evolution of the existing system.In other words,it is to interpret what the existing system is,whether and why it is effective,and how it can be more effective,and so on.Institutional logic is not only the explanatory logic for the past,but also the constructive logic for the future.Both of them are unified in the process of the knowledge and practice of institutional facts.This process can be abstracted into two stages: from institutional practice to institutional theory(hermeneutics),and then from theory to practice(constructivism).Compared with the traditional legal research method system confronted by formalism and functionalism,if we examine the system problems in the recycling and disposal of domestic waste with the practical rationality of Marxism,and integrate the legal adjustment mechanism analysis framework of the three dimensions:the theory of justice,base and norms,we can evaluate and interpret scientifically what the environmental deposit system of the domestic waste is,whether and why it is effective,and even how it can be more effective.First of all,from the perspective of justice of the environmental deposit system of domestic waste,its legislative value pursuit to avoid dual risks(environmental pollution and resource waste)of waste is finally determined as the value system of pluralistic justice of recycling economy,such as reducing the amount of waste at the source,effectively recycling,reusing and recycling,and harmless disposal.But in practice,there are four main reasons for the implementation of the environmental deposit system of domestic waste in different countries:(1)reducing waste littering;(2)prolonging the use of landfills;(3)promoting recycling;and(4)reducing the pollution of the environment by some toxic and harmful wastes.Secondly,from the perspective of justice of the environmental deposit system of domestic waste,its "effectiveness of macro-order construction" is rooted in the mixed strategy of "rectifying the positive and negative external costs of domestic waste discharge,recycling,transportation and disposal".This system is a two-tier system combined with circular subsidies based on the risk prevention principle of "Pigou tax(fee)".Especially when environmental awareness is generally inadequate,serious illegal dumping exists,or regulatory costs can not be effectively controlled,the deposit system will become an effective renewable resources(garbage)-controlling policy because of its concept of risk prevention.Thirdly,from the perspective of norm of the environmental deposit system of domestic waste,the deposit obligation is essentially a guarantee obligation,buy it always shows the rationality and legitimacy of the former deposit obligation.At the same time,as the venous recycling industry of domestic waste is a complex and systematic engineering on economy and society,the environmental deposit system of domestic waste can only play a role in the chain and network of industrial structures,and the legal regulations of environmental deposit system of domestic waste are characterized by linkage and effectiveness.So the legal relationship behind the system presents a structural existence,and the institutional norm system shows a general pattern of the basic common elements,as well as several typical patterns.Based on the above analysis,the background of the environmental deposit system of domestic waste in China is a complex problem of environment and resource,which is different from the later stage of industrialization when a amount of waste littered in the West.In view of the fact that the public regular recycling system itself is not advanced and the idea of garbage sorting and recycling needs to be promoted,it will be more reasonable that the objective of environmental deposit system of domestic waste in China is mainly focused on "promoting the renewable resources recycled and preventing environmental pollution accidents".Considering the uncertainties of composition and quantity of domestic waste and the possible rising space of socio-economic and technological conditions,the legislative style of environmental deposit system of domestic waste at present in our country is to adopt the framework legislation mode.That is,we should screen and identify the possible applicable objects of the environmental deposit system of domestic waste in our country,such as products,industries and regions.etc.At present,we can implement the system on waste batteries and packaging wastes in advance,by the dual deposit model of consumer-enterprise and the national unified deposit model of consumer.