Study On Legal Issue Of The Transboundary Movements Of Solid Wastes In China

Since 2017,China has significantly reduced the types and quantities of solid waste that can be imported,and officially implemented the new regulations on solid waste import bans in 2018,which has completely opened the era of prohibiting the entry of "foreign garbage".Due to the huge economic incentives and interests in the import of solid waste,the illegal transboundary movement of solid waste has been repeatedly prohibited in practice.This has brought greater resistance to the prevention and control of the transboundary movement of solid waste in China.How to deal with the practice of transboundary movement of solid waste in China The practical dilemma encountered is a key issue in the study of laws and regulations on the transboundary movement of solid waste.The implementation of the new regulations on the import ban of solid waste and the gradual realization of zero imports of solid waste,in line with the requirements of the principle of sustainable development,is an important guarantee for safeguarding China’s environmental rights and interests.To completely eliminate the transboundary transfer of solid waste,it is necessary for the whole society to participate in environmental governance,improve the domestic legal system for solid waste recovery and disposal,and meet the value requirements of the environmental and social governance concept.Solid waste has the dual attributes of resource and hazard.If it is not strictly monitored and prevented from pollution,its processing and utilization will have serious adverse effects on public health and the ecological environment.In order to regulate the import and recycling of solid waste in China,and to avoid the possible adverse effects of transboundary movement of solid waste,China has established a relatively complete legal regulation system for transboundary movement of solid waste.It can be seen from the review of the laws and regulations on the prevention and control of transboundary movements of solid wastes that China ’s legal supervision of transboundary movements of solid wastes is mainly focused on the import of solid wastes.In the supervision of transboundary movements of solid wastes,import licensing control failures and illegal transboundary movements are repeatedly prohibited.The chaos in the supervision practice reflects that there are both legislative and law enforcement issues in the legal regulation of the transboundary movement of solid waste in China.In terms of legislation,firstly,the legislation on the prevention and control of transboundary movement of solid waste does not fully integrate the overall process control principles for overall planning;secondly,the environmental pollution responsibility of solid waste is set too lightly,the environmental responsibilities of the participating entities are not clear,and the accountability is not in place.In terms of law enforcement,first of all,the law enforcement management mechanism for transboundary movement of solid waste is not uniform,coordination between law enforcement departments is weak,law enforcement is inadequate,and the quality of law enforcement personnel is not high;There is a lack of solid waste recycling and utilization systems,and there is insufficient power for solid waste to be recycled;international cooperation is inadequate,and there is no joint regulatory force between countries,making illegal transboundary movement possible.Therefore,in order to prevent the transboundary movement of solid waste,we must strengthen the control of the import link,but import control cannot completely exclude the illegal entry of solid waste.Fundamentally,we should improve our legal system of solid waste pollution prevention and control,that is,fully implement the principle of risk prevention.Establish an environmental management system that aims to achieve solid waste control throughout the process,improve the environmental responsibility system for solid waste pollution prevention and control,internalize the cost of solid waste pollution control,and realize the entire process and multi-link of solid waste from import to disposal after entry Comprehensive supervision will fundamentally eliminate the possibility of illegal transboundary movement of solid waste.