Study Of The Legislation For Prevention And Control Of Municipal Domestic Waste Pollution In China

Municipal domestic waste means a variety of solid waste which generates in some production activities conducted by the people who want to provide assistance and services for and maintain the daily life. With the rapid development of urbanization, the problem about the municipal domestic waste pollution has become more and more seriously and which not only draws attention of the citizens and medias, but also brings tremendous pressure on the government. It is an important social problem that needs to be resolved swiftly. If municipal domestic waste can not be dealt with correctly and simply be blocked at random, it will not only lead to a great waste of resources, but also cause a serious danger to the environment. Nowadays the earth resources are in short supply by the day, meanwhile, the waste disposal has plagued mankind .Therefore, how to solve these problems under law is very important.The legislation system for prevention and control of municipal domestic waste pollution in China has substantially formed. Overall, the legislation system for prevention and control of municipal domestic waste pollution in China is relatively perfect which is consisted of the constitution and other relevant laws about environmental protection and forms a unified whole. In an easy word, there are relevant laws and regulations in every rank of the laws. However, there is slightly insufficient on specific legal provisions. So it is necessary to study and learn from the advanced foreign legal system.As the most economically developed country all over the world, the United States is a high consumption and high emission country which brings a huge amount of municipal domestic waste every year. The United States pays close attention to the problem in the aspect of laws and focuses on the study of the legislation for prevention and control of municipal domestic waste pollution. Both state and federal governments make laws about municipal domestic wastes pollution in their competence. Government legislation institutionally ensure the implementation of the reduction of municipal domestic waste, promote the recycling of municipal domestic waste with specific legal means and charge the handling fees for municipal domestic waste pollution in the initial life cycle of the products. As a member of the EU, Germany has taken very favorable measures to promote the development of solid waste management as well as implemented some policies formulated by the EU to promote the reuse of waste and development of recycling economy. Germany formulated and implemented the'Waste Disposal Law'and published'Circular Economy and Waste Disposal Law'which regulated the management means of waste. First of all, it is to avoid producing solid waste as much as possible and to reuse and recycle the generated waste. But the most unique provisions relating to the legal responsibilities are: (1) the provisions on the scheme liability; (2) the provisions on the information obligations; (3) the provisions on the monitoring. Being under the pressure of environmental pollution and coupled with its limited natural resource, Japan has attached great importance to recycling waste. Based on the above understanding, the Japanese government started to lay down the legal system to promote waste recycling comprehensively and designedly. South Korea established the "Waste Pre-paid Payment System" firstly and later changed it to the "Waste Re-use Responsibility System". Charging for the waste is also an important measure to protect the environment and re-use resources in South Korea.The main deficiencies in the current legislation for municipal domestic waste in China are as follows: First, the management system is imperfect, in other words, the management model without a clear line between the functions of the government and enterprises can not adapt to the development of market economy and there is not an appropriate system to ensure the industrialization of disposal of current waste. Second, the legislation for municipal domestic waste reduction and recycling failed to become the main directions. 1, The legislative system of comprehensive utilization of municipal domestic waste is not perfect; 2, Lack of the necessary provisions on the relevant management system such as the system of charging for sewage disposal and the system of recycling and using waste effectively in a limited time and the legal liability system. 3, Lack of a uniform and coordinated mechanism to dispose and recycle waste. Moreover, the provisions on existing law are only in principle. "The Solid Waste Law" lacks of appropriate sub-laws to be supported. And municipal domestic waste disposal and technical standard system of municipal domestic waste disposal is lagging behind in China.Based on the above analysis, I put forward some proposals on how to improve the legislation for prevention and control of municipal domestic waste pollution including: first, to establish the legal system of charging for recycling municipal domestic waste.1, This system is of great significance to prevention and control of municipal domestic waste pollution; 2, China must establish a scientific and rational system of charging for municipal domestic waste; 3, It is necessary to provide a scope and principle of the application of this system in every charging specific circumstance. 4, Guide the private capital to involve in the municipal domestic waste industry; Second, to make clear of the legislative direction of reducing and recycling waste. 1, Fully implement the new "Prevention and Control of Solid Waste Pollution Law"; 2, Improve the "Cleaner Production Promotion Law"; 3, Make the "Packaging Waste Management Law"; 4 Strengthen the related legislation for disposable product. 5, Strengthen the public participation. Third, make the Basic Law and its supporting laws about the comprehensive utilization of resource and vigorously develop circular economy. 1, Make relevant laws and regulations about recycling and comprehensive utilization of renewable resource, including making the recycling and comprehensive utilization of renewable resource law, "Classification of Municipal Domestic Waste Management Regulations Act"; 2, Make the supporting regulations of "Renewable Resource Recycling and Comprehensive Utilization Act", including "Green Packaging Management Regulations" and "Simple Packaging Act"; "Waste Appliances Recycling and Disposal Management Regulations" and "Waste Battery Recycling and Disposal Management Approach"; "Plastic Waste Recycling and Disposal Act" and so on.