Study On The Legal Issues Of Green Express Delivery Packaging

The rapid development of e-commerce to bring the rapid development of the express industry in China.However,due to the lag of the related system construction,the express industry development focused only on the volume of business increased with neglect of overall development,many packaging wastes caused a series of environmental issues.These packaging is not only caused the increase in the volume of solid waste,but also changed the structure of waste.With the construction and improvement of express industry in rural areas,garbage pollution would become more serious,due to poor waste treatment with the increase volume of express packaging waste.The express packaging waste as garbage disposal resulting in a waste of resources.There has not been a law of packaging by now,related regulations and standards inversely proportional with the increasing of express packaging.China should speed up the revision and perfection of relevant laws to help the express industry healthy growth.The greenization of express packaging should be in accordance with the theory of circular economy to clarify its basic meaning,"reduction,reusable,recyclable,biodegradable" is the goal of express packaging greenization.The most important reason for the successful implementation of foreign packaging legislation,including the EU,Germany and Japan,is the introduction of producer extension responsibility and its implementation.Although the relevant domestic legislation has some contents about the extension producers' responsibility,there are still many issues,for example,unclear subject,blurred responsibility,many blank fields need to fill and so on.Therefore,to achieve the goal of greenization,first of all,it is necessary to clear the legal liability subject.And then,refine the content of responsibility,China's relevant legal bias principle requirements,which requires the development of relevant standards to make the law is operational.Last but not least,it is needed to mobilize the enthusiasm and initiative of enterprises by economic incentives.In accordance with the theory of circular economy and the system of producers' extension responsibility,the construction of the legal system for greenization packaging of express needs to follow the principles of common but differentiated responsibility,standardization and material harmless,then according these principles to clarify the management responsibility of the government,the economic responsibility of the enterprise and the obligation of public participation.According to the system of producers' extension responsibility,the main subject should include express packaging manufacturers,courier companies,electricity business enterprises,government and consumers.And then the division of responsibility,packaging manufacturers,courier companies,electricity business enterprises bear the main responsibility,because the enterprise is the most influential to express packaging design,and packaging design determines the impact of environment after packages be discarded.The government is not the main liability subject,but in the construction of the system it is the most leading role.The government is in charge of the construction by policy guidance,legal system construction,standard improvement,the idea of propaganda and other acts.An important part of the extensive is public participation,which is the most successful implementation of foreign packaging recycling.Meanwhile,the guidance and supervision of the law also very important.Through the establishment of greenization evaluation criteria,the development of express packaging design and technical standards to build China's express packaging greenization standard system.The government through the subsidy system and special funds to promote the establishment of greenization system,before the relevant laws are not perfect,the industry associations to encourage the relevant enterprises and departments to develop a unified standard,or refer to the Germany Green Dot Company to build our third party express packaging cycle use the system,in order to speed up the development of China's greenization of express packaging.