The Study On The Law Issues Of Recycling And Treatment Of Electronic Waste

With the development of the economy, especially with the rapid development of electronics industry, Electronic wastes have emerged under the upgrading of electrical and electronic products. Electronic wastes not only produce a large quantity of, and include toxic and hazardous substances, but also they are valuable at the resources. As electronic wastes caused the problem of environmental pollution by improper handling of has caused widespread concern in the community, the community'voices are higher and higher of electronic wastes processing resources and harmlessly. State Development and Reform Commission, Ministry of Information Industry, State Administration of Environmental Protection on electronic wastes management, recycling, treatment enact a lot of related policies,laws and regulations, and promulgate the "Electronic Information Products Pollution Control management approach," " abandoned household appliances and electronic products pollution control technology policy, "and" discarded electric household appliances and electronic products recycling regulations "and other laws and regulations, some of the developed provinces have also developed the province's local regulations.As China's electronic wastes management legislation is still in its initial stage, the existing laws and regulations or policy documents are limited at the macro-control level and are lacking in workability, and at the same time ,because of lacking of a comprehensive legislation to guide cleaner production and comprehensive Utilization,recycling and disposal of sound of electronic wastes, and other aspects of the work of, it is leaded to a result of electronic wastes management in the long political, overlapping responsibilities, and policies in contradiction of the situation. In addition, severely cracking down on all kinds of serious damage to resources and pollute the environment at the disposal of electronic wastes, cleared producer,distributor,consumer rights and obligations, established finance, taxation, incentives of the comprehensive use,recycling,sound Disposal , all these are needed legal protection. Therefore, I believe that China should, as a guide of sustainable development and recycling economic philosophy, learn from foreign advanced legislative experience on the basis of china's national conditions, in order to standardize electronic wastes and build a harmonious society.This paper is divided into four parts to express in detail improving the relevant legal issues on China's electronic wastes recycling and treatment.The first three parts analyzed the domestic and foreign current status,problems of electronic wastes recycling and treatment, and Enlightenment on improving them. Especially in the first part, first of all, the concept of e-waste was defined, that is, electronic wastes is being disposed of electronic products by users. This definition of e-waste, it has not only embodied the essential characteristic of a waste, but also embodied the mainstream views of scholars at home and abroad, at the same time, it has reflected Common features between our region and the world.In the fourth part, the authors believe that china should learn from foreign advanced legislative experience with China's national conditions, and insist as sustainable development and recycling economic philosophy a guide, in order to drawn up as soon as possible a specialized comprehensive law of electronic wastes recycling and treatment. For the framework of the laws, there isn't any distinguish characteristics, the key is the purpose of the law, that is, to solve any problem. The author believes that the law should include: the government's responsibility at the standardization of electronic wastes recycling process, that is, who is going to resolve management problems ; the electronic wastes owners'obligations, that is, who should submit; established scientific and standardized collection system to resolve the issue of who should be recovered; introduce the extended producer responsibility theory to provide electronic wastes recycling financial security; established strict market access mechanisms to handle electronic wastes by specialized companies, and so on, thereby provide a reference of the recommendations and responses to improve the recycling and treatment of electronic wastes.