Research On Legislation Of Garbage-Sorting In China

Making and implementing the legislation of compulsory classification of domestic waste in Shanghai indicates that China’s garbage classification has entered the era of "compulsory classification".The legislation on compulsory classification of domestic waste makes full use of "compulsory" means to solve the problems caused by domestic waste,which is the key to achieving waste reduction,recycling and harmlessness.At present,at the central level,the regulations for compulsory classification of domestic waste are scattered in many legislations,for example,"Law of the People’s Republic of China on the Prevention and Control of Solid Waste Pollution".At the local level,there are 34 special legislations on the mandatory classification of local domestic waste.these regulations mainly set the the standards of classification for domestic waste,make the responsibilities and obligations of subjects clear.And strict legal responsibilities are set up as well.At the same time,in order to guide and supervise the implementation of the classification work,not only the administrative supervision system is provided,but also the measures for supervision and promotion are stipulated in the legislation.However,through the analysis of the current legislation,it is found that there are some problems in the current legislation,including the lack of superior law,the unscientific setting of classification standards,the defects in the administrative supervision system,the inadequacy of supervision and promotion measures,and the unreasonable setting of legal liability.These problems hinder the promotion of the compulsory classification of domestic waste.In fact,the main reasons of these problems are the lack of a scientifically complete and operable law to lead.Therefore,after summarizing the advantages and disadvantages of the current legislation,the State Council should formulate a Regulations on the Management of Household Waste Sorted.In the process of formulating the Regulations on the management of household waste sorted,the combination of the "concrete and detailed" model and the "governance model" model can be adopted.The legislative orientation should be clear.In terms of legislative content,we should focus on strengthening classification standards,administrative management systems,and measures for supervision and promotion and legal liability and other content design,so as to ensure the reasonable setting of classification standards in legislation,the scientific construction of the administrative supervision system,the effective improvement of supervision measures and promotion measures.And with it,we can provide guidance for the legislation of the compulsory classification of domestic waste in different areas,and then we can provide legislative guarantee for the promotion of the compulsory classification of domestic waste in the whole country.