| In recent years, with the continuous growth of China’s automobiles ownership,the number of scrapped automobiles has been surging sharply. On the one hand, thefree disposal of scrapped automobiles will cause serious pollution and damages to theenvironment; On the other hand, scrapped automobiles only loss their values asvehicles, and useful resources could be recycled for social production from those carsthrough effective recycling methods. From the perspective of oughtness, legalconstraints are of great significance in establishing a rational and efficient recyclingsystem and in resolving the environmental problems contributed by the currentdisorganized system. However, as the major legal provisions governing this issue nowwere established many years ago, and there exists contain major loopholes so thatthey are not capable to solve most of the problems. The incapability of law hasbecome a barrier to the development of scrapped car recycling.Firstly, through theoretical and practical analysis, this paper discusses thelegitimacy and necessity for the construction of the legal system for the crappedautomobiles’ recycling and reuse. The “theory of circular economy” and “theory ofproduct-oriented environmental policy” would be discussed throughout this paper,since they are the theoretical basis for the establishment of the legal system.Secondly, advanced legislative experience of other countries and regions willalso be discussed. The analysis of relevant legal provisions in European Union, Japanand Taiwan would lead up to following delighting points: Strengthening theresponsibility of the manufacturer, Strengthening the supervision of administrativeand Establishing a reasonable incentive mechanism are the effective ways to solve theproblem of automobile scrap’s recycling and reuse.Then, in the following parts, specific issues existing in the implementation of thelaws and regulations will be discussed, with a conclusion that the inefficiency inassuming responsibilities, the lack of administrative supervision, backwardness of therecycling pattern are the main reasons for the current dilemma. Specifically, thelimitation in assuming manufacturer’s liability can be reflected from two aspects:firstly, the lack of legal liability with deterring effects; secondly the lake of liability related to actual recycling. The defects in administrative supervision include theinefficient communication between different departments and the absence of technicalguarantee for actual supervision. The backwards of car components recycling systeminclude the limited source of raw materials for reconstruction and obstacles inintellectual property law. The lack in economic incentive lies in the absence ofstimulating mechanism in practice, which makes the recycling process run in a poorcirculation.The fourth part is the core of this paper, it intends to explore the systematicapproach for the recycling and reuse of scrapped automobiles. The legislationperfection can be attained by four methods: strengthening the accountability ofmanufacturers, establishing the system of administrative supervision, promoting thedevelopment of automotive parts remanufacturing industry and establishing recyclingfund system. Firstly, to realize the accountability of manufacturers, setting certainthreshold for the industry and establishing a recycling system which suits China arenecessary. Secondly, the improvement of supervision system should be done frommultiple aspects which include holding joint conference between governmentdepartments, utilizing informatisation in supervision and improve the supervision onspot. Thirdly, the promoting of reproduction of scrapped automobiles calls for thedevelopment of “changing old into renewed” mechanism and the licensing of thepatent for car parts. Finally, the recycling fund would help promoting the function ofscrapped car recycling system; clear origin of funds, good operation of the fund aswell as the right use of it would be very important. |
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