China's Electronic Waste Recycling Dealing With The Legal System

With the overall development in our economic and society, people's standard and quality of life has been advanced a lot. The electronic products become essential in thousands of hundreds families. It makes people's livesconvenient and brings new pollutions--WEEE(waste from electrical andelectronic equipment). Every year we wash out a great deal of mobile phones, computers and domestic appliances and so on. The un-regular recycle and disposal of WEEE made server pollutions to the environment. At the same time, 80% WEEE in the world were transported to Asia every year, 90% among them came into China. The recycle and disposal system of WEEE in our country had to face to a sever test. This paper is set from the current situations of our law system about recycle and disposal of WEEE to find the defect of our forth coming system first, and analyzes the significance of completing the law system about recycle and disposal of WEEE. Then seek the academic support to the law system about recycle and disposal of WEEE from sustainable development theory, circular economy theory and environmental rights theory. It also puts up the countermeasures for completing the law system about recycle and disposal of WEEE in our county by contracting the relevant law systems and practices in developed countries and areas such as European Union, Japan and America, in purpose to do something helpful to develop our law system about recycle and disposal of WEEE.This paper discusses our law system about recycle and disposal of WEEE by method of comparative analysis following the way of "putting up problems-analyzing problems-solving problems". It is divided into four sections:The first part is surveying our law system about recycle and disposal of WEEE. First of all, it defines the meaning and characteristic of WEEE to make clear the scope of WEEE. The second, it emphasizes the situations about the recycle and disposal of WEEE from two aspects: current legislative situation and social situation, especially being faced with increasingly WEEE at home and aggression of overseas WEEE from abroad. By analyzing the defects of our recycle and disposal system of WEEE, including the deficiency of the law system and lack of the management by supervision from the government, in order to put forward the significance of completing our law system about recycle and disposal of WEEE at the present stage.The second part is analyzing the academic supports to our law system about recycle and disposal of WEEE. The first support is sustainable development theory. It defines the basic meaning of sustainable development theory first, then analyzes the relationship between sustainable development theory and our law system about recycle and disposal of WEEE. The second support is circular economy theory. It also describes the generation and connotation of circular economy theory, then points out the significance of circular economy theory to our law system about recycle and disposal of WEEE by analyzing the difference between circular economy and traditional economy. The third support is environmental rights theory. It casts back the development history of environmental rights first, and then gives some necessary introduction of environmental rights, treatises the influence of environmental rights theory to our law system about recycle and disposal of WEEE at last.The third section focuses on the system construction and practices of recycle and disposal of WEEE in European Union, Japan and America. At first, it is the relative law and practice in European Union and Germany. It introduces the basic situation of WEEE Instruction and ROHS Instruction published by European Union in 2003 and relative law system in Germany. At the same while, it describes the function and action of non-for-profit organization-EAR fund in Germanic recycle and disposal system of WEEE. The second, it is the relative law and practice in Japan. In the first place, it introduces the reason of developing circular economy in Japan and current circular economic law. Then it gives a brief description of laws and regulations about WEEE carried out from 1990 in Japan. In the last place, it summarizes the apportionment to liability of each related subject in Japanese law system about recycle and disposal of WEEE. The third section is the introduction about relative system in America, and analyzes the differences between America and Japan about undertaking the costs of recycling and disposing of WEEE by consumers. Finally, it presents the meaning of reality of this system to our country further by commenting the important systems in the forementioned three countries and areas.The forth section is the most important chapter in this paper. It dwells on the perfecting suggestion about our law system about recycle and disposal of WEEE. This section contains three aspects: construction of law system, fully implement of governmental function and the function of non-governmental organization in anti-pollution.The part "construction of law system" is divided into four sections. The first section is defining the Extended Producer Responsibility (EPR) system. First of all, it exposes the meaning of establishing EPR system in our country from four aspects; the second, it reviews briefly the development history of EPR system; the third, it introduces the content of EPR system; the forth, it proposes how to establish EPR system in our country. The second section is about environmental deposit system. It first argues over the necessary about establishing environmental deposit system in our country; the second, it introduces briefly the relative regulations about environmental deposit system in Germany; the third, it illustrates the special function of environmental deposit by contracting with beer bottles return-back deposit system in our country; the forth, it suggests how to construct environmental deposit system. The third section is about collecting environmental tax. The first part gives brief introduction about the purpose and function of environmental tax. The second part is reflecting the poor protection of our tax to the environment, and suggesting constructing the environmental tax system. The third part expounds the meaning of collecting environmental tax in our country in detail. The forth part elaborates how to collect environmental tax. The forth section is discoursing the manage department and its responsibility.The part of "fully implement of government responsibility" is divided to three sections. The first section explains the government how to exercise the market accessing responsibility of recycle and disposal of WEEE. The second section puts up the idea of the government how to help the normal recycle and disposal of WEEE enterprises. The third section compendiums the necessary about carrying out environmental publicity and education by government.The function of the non-governmental organizations in the process of interrelated anti-pollution is divided into three sections. First, it argues about the limitation of the government in the environmental protection; second, it expounds the superiorities in the process; third, it emphasizes the two primary kinds of function of the guilds in the law system about recycle and disposal of WEEE.The epilogue makes a brief conclusion and summary about the responsibilities and obligations belonging to the interrelated subject of legal responsibility in the law system about recycle and disposal of WEEE.