The Research On The Legal Regulations Of The Domestic Cross-boundary Movements Of Solid Waste In China

Domestic cross-boundary movements of solid waste is solid waste in a territoryfrom one place to another place, there is clearly a line between both, namely sector,according to the national and local legislation, the domestic cross-boundarymovements of solid waste should be understood as solid waste in our country, threedifferent levels of movements between the provinces (autonomous regions andmunicipalities directly under the Central Government), inter-city (autonomousprefectures, districts), counties (autonomous counties, street). Due to increasedproduction, supply and demand their counterparts in, the economic interests, technicallevel and so on, making the domestic cross-boundary movements of solid waste hasbecome a inevitable trend. Domestic cross-boundary movements of solid waste,especially illegal disordered movements will result in the different levels ofenvironmental pollution in turn out, turn into and moving along areas, so the legalregulations of the domestic cross-boundary movements of solid waste is particularlyimportant.Through comparative study, the United States domestic cross-boundarymovements of solid waste management is based on Resource Recovery and ProtectionAct,are equipped with the license system and tracking system, and according to thesolid waste generated per unit time quantity specifies the size of the differentmanagement system. Japan through the strict implementation of slip system,regulation of solid waste collected from generation to final transport to the disposal ofthe whole process, to minimize the environmental pollution caused by solid waste intransport way.Germany by Solid Waste Recycling Economy Law "regulations on theadministration of solid waste transport"has been clear about domestic cross-boundarymovements of solid waste transport routes, transport time, transport requirements,strict implement the system of the tracking tickets. By analyzing the practice ofstandard and advanced countries, China should formulate specialized laws andregulations, specific the regulation managers, develop a comprehensive and detailedcross-boundary moved system, supporting annual moving regulation planning tomanage domestic cross-boundary movements of solid waste.The chromium pollution in Yunnan province2011incident reflects manyproblems of domestic cross-boundary movements of solid waste in the legislative andexecutive levels: the lack of a sound legal system for law enforcement level,lawenforcement agencies have overlapping responsibilities, lack of operational system, relief system is not strict.Because of these problems,our country have environmentalpollution accidents in the process of domestic cross-boundary movements of solidwaste and, therefore paid a heavy price.Formulating special law and regulation orproviding the provision of a special chapter in the People’s Republic of China SolidWaste Pollution Prevention Law, so that a common higher-level laws to follow acrossthe country legal regulation; optimize accountability mechanisms, the establishmentof single leadership and administration system, clear from the vertical and horizontalmanagement functions of the department responsibilities; through institutionalinnovation and the establishment of a unified national transport equipped with GPSsystem, solid waste collection and transport business qualification unifiedmanagement certification system, the deposit refund system, so that the old and newsystem of cooperation and coordination with each other, forming a virtuous circle;modifications relatively flexible system of administrative penalties, to develop a morescientific system of civil liability, set reasonable criminal responsibility to ensure thatthe relief is strict. The perfection of the four aspects, effectively manage the domesticcross-boundary movements of solid waste, and promote China’s environmentallegislation as well as the development of environmental protection.