Analysis On The Legal Regulation Of Transregional Transfer Of Solid Waste In China

Under the current urbanization background,domestic waste production and emissions are on the rise,but the growth rate of waste disposal rate is not significant.In order to meet the requirement of building civilized cities,some regions in China,especially some developed regions,have focused their attention on the adjacent provinces and cities,making the problem of waste dumping in different places an important cause of water and land pollution in some regions.Similar to "beggar-thy-neighbour" sewage incidents in other places,are causing serious threats to the ecological environment.Based on this background,this paper takes the domestic transfer of solid waste as the research object.Firstly,through discussing the relevant concepts,the definition and judgment of solid waste and trans-administrative transfer are made.At the same time,due to the special provisions of the current law on hazardous waste under solid waste,the relevant systems and supporting measures are relatively complete,and the theoretical circles have also studied this issue.Many,so the author chose industrial solid waste and domestic waste,namely non-hazardous waste,as the focus of this study,to discuss the legal regulation of the general solid waste transfer across provinces.At the same time,from the perspectives of the harmfulness of solid waste and the injustice of pollutant transfer,this paper demonstrates the necessity of legal regulation on the trans-administrative transfer of solid waste in China,and draws the conclusion that solid waste,especially non-hazardous waste,needs legal regulation just as the trans-border transfer of solid waste and the transfer of hazardous waste.In the process of discussing the theory,we should not forget to combine the case to make the judgment more convincing.Secondly,it analyses the current legislation and its shortcomings in our country.Through the investigation of the current legislative framework,comprehensive system,transfer order system and punishment system of hazardous waste,it analyses the shortcomings in the object of legal regulation,electronic joint order,scope of responsibility subject and legal punishment standard.Combining with the case ofAbstract Shanghai Normal University Master of Philosophy solid waste dumping across provinces heard by Wuxi Intermediate People's Court in2017.As the first public interest lawsuit in China,the administrative organ is the defendant.In this case,the evidence is creatively solidified through criminal judgment.The procuratorial organ also ranks the administrative organ as the uppermost part of the rubbish subcontract in the case,so that the defendant is required to bear the cost of compensation and subsequent repair.The case is worth analyzing.For the judicial practice of the aftermath relief of the domestic transfer of solid waste,the practice of the judicial organs is worth learning and learning.It can even be solidified through the follow-up normative documents.Of course,due to the lack of restrictions of relevant systems,the problems exposed are also worth our consideration,such as the judicial review of withdrawal in environmental civil public interest litigation.Elements,etc.Finally,combining the above theoretical and practical research,the author puts forward some suggestions on the construction of the legal regulation of solid waste transfer across administrative regions in China.By investigating the extraterritorial systems of the United States,Germany and Japan,drawing on the mature experience of developed countries and considering the current situation of our country,this paper puts forward some suggestions on improving the legal regulation of the trans-administrative transfer of solid waste in China from three levels of legislation,law enforcement and justice.Specifically speaking: in order to improve the system of laws and regulations,it is necessary to expand the object of legal regulation,strengthen unified and specialized legislation,and gradually improve the existing transfer leaflet system;in the management level of law enforcement,it is necessary to strengthen the regional supervision and source supervision of solid wastes,and at the same time,to innovate the specific management system by drawing lessons from the extraterritorial management mode;in judicial relief,it is necessary to set up a reasonable system.The legal liability and punishment standards,the construction of regional compensation system for cross-border transfer,the establishment of the waste transfer recipient subsidy system.