Study On Legal System Of Electronic Waste Management

With the technical level of the electronic industry's rapid escalation and increasing of People's demand for electronic consumer products, electronic products are eliminated and discarded faster and faster. The electronic waste is different from other solid waste, which has characteristics of potential danger and resources, if we carry on the recycling use and environmental protection processing reasonably, not only may protect the environment, but also may save the resources, This conforms to the sustainable development environmental protection idea in line with the establishment of environment-friendly, resource-saving society. The current electronic waste recycling network handicapped,leading to the electronic waste flow to the illegal "underground factory" or "small workshops ".but their techniques are backward, which caused a huge waste of resources and environment load.How to solve a series of problems caused by electronic waste, this involves to society's in-depth question——Legislation。However, let us worry, legislation situation which related the electronic waste producing recycling and disposing is not optimistic in our country。Research and formulate electronic waste legislation, take the electronic waste into legal system to realize recycling resources and protecting environmental.This article compare china's electronic waste in legislation with foreign's and put forward the electronic waste legislation aspect suggestion and measure,around the main responsibilities related to build the legal system of electronic waste in order to provide better the legislative help in management of electronic waste.The text is divided into four parts:the first part Starts from the concept of electronic waste, electronic waste has characteristic with growing quantity quickly, including the huge resources the hazardous nature and be tackled difficulty, Finally elaborate the electronic waste's harm which brings to the environment and the human body health.The second part introduces the electronic waste main legal regime overseas at first, The European countries have more attention to environmental protection, so they have obtained good effect by Legislation to regulate electronic waste recycling and disposing. science and technology of US and the Japanese with economical developed are advanced, Thus their technologies of handling harmful waste are also more advanced and matured than other countries。However, work of toxic and hazardous waste disposal started relatively late all over the world, these national legislation emphasis on the difference respectively, then introduced a number of laws and regulations on the electronic waste recycling and disposing which have developed in our country. Finally analyze problems with electronic waste legislation from two levels to explain the necessity of constructing electronic waste management law system.The Third part Starts from angles of sustainable development, circular economy and economics, focusing on constructing a legal system of electronic waste management theory, point out that constructing electronic waste management law system is the necessary condition to achieve sustainable development,the requirement of Circular Economy essential, the environment resources and the environmental pollution have exterior nature, which leads to a series of questions such as environment resources excessive, constructing electronic waste management law system is a important safeguard to solve the problem of exterior nature.Followed by introducing the principles of electronic waste management for providing the direction to build the legal system. Security principle requires that take the environmental safety a measure with the system is good or not. The controlling impact on the ecological environment and human's health is not in danger interfering with the harmful effects of such scope. The principle of risk prevention requires any environment-related behavior's consequences in the life cycle of the product should be predicted, all sorts of risk behavior should be controlled in the smallest scope in order to maximize the use of resources and environmental protection."3R" principle requires that we must constantly improve our technology of disposing electronic waste, innovation of integrating system from production-Consumer is more necessary. The principle of public participation can make the public aware of the associated environmental information, with appropriate means and channels to fully express their views and suggestions and by social supervising to protect environment. Beneficiaries pay principle stressed that people pay due compensation who benefited in the process of the environment or resources development and utilization for reducing the value of the environment and natural resources.The last part of this text constructs electronic waste management law system exploratory, including extended Producer Responsibility, environmental deposit system, recycling industrial systems, electronic waste licensing system and so on. And the content and implementation of each system are given a detailed explanation in order to provide some valuable research for legislation. Producers who are producing the electronic waste bear environmental responsibility of the production cycle. Extended Producer Responsibility changes the "treatment after pollution" model, emphasizing prevention of electronic waste from the pollution source, which is the most important content in the electronic waste legislation. The government is the regulator and participant in the market economy, government's regulatory responsibilities embody that permitting the waste disposal of the enterprises to access market. Green Procurement system is the government's responsibility which should undertake as the participant. Consumers have the obligation to green consumption, foster consumer green consumption of ethics and discard unscientific consumption, purchase of the environmental impact smaller products, then guides the enterprise production and the manufacture conforms to the environment standard product, to achieve the protection environment the goal. The distributors and importers should undertake responsibility of preventing cross-border transferring, how to use legal means to prevent transferring electronic waste pollution while not violate international trade rules have become a focus of the problem which our country faces.In a short, electronic waste related legal system adjust the relevant main interests, rationally allocate producers, distributors, and consumers, the government and recycling institutions, so that each of its responsibilities related does his job and cooperates together.