US Legal Regulation Of Hazardous Waste And Its Implications For China

With the rapid development of modern science and technology and economy,brought unprecedented prosperity of material life at the same time,its resource depletion and environmental damage has endanger to our survival and development.People think that it is rewarding to take things home,but there are many things in nature that can only be beneficial to mankind if they are put in place.Although environmental problems are old problems,we need to find new ways to deal with the new situation and development of environmental problems.Hazardous waste because of its corrosion resistance,reactivity,flammability,toxicity and so many characteristics,making it the treatment and disposal method of more complex than general non hazardous waste garbage,as ills of environmental governance,how to reduce the production and the produce of governance has drawn the attention of the countries all over the world,our country is a developing country,economy started behind the western developed countries which have resulted in the lagging of legislation of hazardous waste,this needs us to learn from foreign advanced experience and in their place.As one of the developed countries of the United States,protect the natural environment also walk in the forefront of the world,while the RCRA and CERCLA two basic law promulgated more solid the foundation of the environmental protection career building,how to learn skills to self-renewal is the moment we need to think.This article first from the United States the basic theory of legal regulation of hazardous waste,this paper expounds the definition,character and classification of hazardous waste,make us have a further understanding and the understanding of hazardous waste,thus clear the urgency of the hazardous waste management and targeted.Second article further expounds the content of the legal regulation of hazardous waste in the United States,mainly from three parts,the first part is the law of hazardous waste,divided into federal legislation level and state legislative level,emphatically discusses the federal legislation level RCRA and CERCLA these two pillar type legal regulation,the content of hazardous waste and the state legislatures inNew Jersey,for example,introduced the new south wales since the 1970 s in the improvement of the legal regulation on hazardous waste and development;The second part mainly introduces the specific management system of hazardous waste(such as a system of report and registration,identification system,licensing system,tracking system,etc.)and federal execution,thereby improving the system of legislation and the judicial enforcement of content;The third part is elaborated on hazardous waste management in the public participation in the United States,respectively from the RCRA and CERCLA on the content of public participation in both statements,highlights the public participation in government and social organizations of various activities of the role of more and more heavy,so need to be taken seriously.Again,this paper introduces the legal regulation of hazardous waste in China's present situation and the existing problems,including the existing system of laws and regulations as well as the blank,such as the current our country hasn't have independent hazardous waste legislation but provisions in chapter 4 of the law on the prevention and control of environmental pollution by solid waste;Finally is aimed at the problems in the third part propose solutions combined with China's national conditions,such as perfecting the construction of hazardous waste pollution prevention mechanism,the introduction of the third party of hazardous waste management mechanism,the establishment of environmental pollution liability insurance,etc.,rather than blindly copying other countries' laws.The article on the basis of predecessors' achievements for reference,to the American system of laws and regulations on hazardous waste has made the detailed elaboration,and joined the public participation,puts forward some Suggestions for hazardous waste legislation in our country,hope as our country legislation to provide some theory about hazardous waste material.