Research On Legal Issues Of Urban Domestic Waste Classification Management In China

At present,the problem of municipal solid waste is becoming more and more serious.The low level of management and the lack of appropriate legal system make the problem of municipal solid waste exceed the bottom line of the ecological environment,which has a bad impact on the urban environment and the overall ecology of our country.The experience of foreign developed countries tells us that the classified management of MSW can effectively solve the problem of MSW.To realize the classified management of MSW,we need not only the participation of the masses,the support of science and technology,and the management of the government,but also the construction of a perfect legal system of classified management of MSW according to the actual situation of our country.In China,the consciousness of garbage classification has sprouted for a long time,but it has not been paid enough attention to,and the construction of relevant laws and regulations has been carried out late.This paper sums up the current legal system of garbage classification management in China,summarizes the shortcomings,combined with the advanced experience of foreign countries,and puts forward specific suggestions in line with the actual situation of China,in order to provide useful help for the relevant work.In addition to the introduction,the paper is divided into four parts:In the first part,the concept of MSW is defined as the starting point,and the differences between MSW and other types of garbage,such as industrial garbage,medical garbage and so on,are clarified.At the same time,the current garbage classification standards and details are introduced.Secondly,the related concepts and scope of MSW classification management are described,and the practical process of MSW classification management in China is introduced.Finally,it is emphasized that the classified management of MSW can realize the reduction,resource and harmless of MSW,which provides the necessity and feasibility basis for this study.The second part introduces the current legislation on the classified management of MSW in China.This paper analyzes the embodiment of waste classification management system in laws,central administrative legislation,local administrative legislation and other laws and regulations of different levels one by one,and introduces the formulation basis and implementation effect.At the same time,according to the analysis and summary of the current legal system,focusing on the"law of the people’s Republic of China on the prevention and control of environmental pollution by solid waste(Revised Draft)" as an example,the existing problems and loopholes are put forward,such as the lack of clear legal principles and objectives,the lack of perfect legal system,the low operability of relevant provisions and the lack of special provisions for publicity and education.The third part discusses the legislation of waste classification management in Japan,Germany,Britain,South Korea and other countries in detail,analyzes the legal content and legal effect,and finds out the creative system with local characteristics.Finally,through the summary,we can get the enlightenment for the construction of our legal system.The fourth part,after putting forward the problems and getting the enlightenment,combined with the concept of sustainable development and the requirements of ecological city construction,puts forward suggestions to improve the legal system of classified management of urban domestic waste.First,we should establish the concept of circular economy,the principle of compulsion and the principle of participation of the whole people to clarify the legislative concept and principle;second,we should establish the basic laws of garbage classification management,increase the special legislation for different types of garbage,improve the overall level of legal documents and strengthen the overall management of the government and regions to form a complete legal system;third,we should make clear that we should The contents of the system can be refined by refining the provisions of each link of waste management,clarifying the scope of rights and responsibilities of each participant,improving the supervision system and improving the operability of the legal provisions.Finally,it is proposed to establish a supporting waste classification publicity and education law suitable for China’s national conditions.