As a kind of hazardous waste,medical waste is quite different from other ordinary solid waste.It is more infectious and highly dangerous.If improperly handled,infectious bacteria and other harmful substances carried in medical waste will penetrate into the environment with air,soil,water and other media,affecting human health.Therefore,as the source of medical waste,medical and health institutions,if they do not take administrative responsibility for their illegal disposal of medical waste,will not only increase environmental pollution of medical waste,but also damage public health.Although the "Regulations on the Management of Medical Wastes" are currently the specialized legal norms guiding the management of medical wastes in my country,combined with existing legislation,my country’s legislative provisions on the administrative responsibilities of medical waste generators are too abstract and principled,and the spirit of the legislation is difficult.Get a real manifestation.The article draws on foreign legislative experience on the administrative responsibility of medical waste generators,formulates the responsibility regulations suitable for medical waste generators in our country,and improves the legislative system of medical waste generators’ administrative responsibility to achieve the purpose of proper treatment of medical waste.The main content of this article is: The first part analyzes the related concepts of medical waste,clarifies the concept of medical waste and defines the concepts related to medical waste,including the concept of medical waste generators and the concept of administrative responsibility of medical waste generators.In addition,the sustainable development theory,circular economy theory and cleaner production concept related to administrative responsibility are analyzed to provide theoretical support for the demonstration.The second part analyzes the legislative status and characteristics of the administrative responsibility of medical waste generators,and analyzes the legislative norms.The third part provides an in-depth analysis of the current legislative problems of the administrative responsibility of medical waste generators in my country,which are mainly reflected in the fact that the existing legislation is not suitable for the needs of medical waste management,the content of the administrative responsibility legislation is not comprehensive,and there are conflicts between regulations and lack of strictness.Administrative punishment measures.The fourth part seeks the experience that can be used for reference by our country by studying the current legal system of medical waste disposal in the United States,Britain and Japan and the legislative provisions of administrative accountability.The fifth part is the foothold of the article,mainly based on the legislative issues exposed in our country,and put forward perfect suggestions and measures on the basis of combining foreign legislative experience.It mainly includes updating the existing legislation to meet the needs of medical waste management.The specific manifestation is to formulate special medical waste pollution prevention and control laws and regulations based on the establishment of the "three modernizations" legislative principles.The second is the improvement of the legislative content of the administrative responsibility of medical waste generators,including the provision of legal attributes of controversial medical waste,the addition of accountability content at the constitution and the basic environmental law,and the addition of scientific and effective incentive clauses.The second is the administrative accountability and legislative conflict resolution mechanism,which mainly unifies the administrative law enforcement subject in the accountability clauses,the local legislative penalties are consistent with the national legislation,the accountability clause for the legal representative is added to the legislation,and the final adjustment is to the medical and health institutions.The establishment of administrative penalties is manifested in strengthening the intensity of penalties and enriching the types of penalties.This article sorts out the existing legislation on the administrative responsibility of medical waste generators in our country,and puts forward perfect opinions on the legislative issues.The ultimate goal is to improve the administrative responsibility legislation of medical waste generators,promote the development of my country’s medical waste management related legislation,so that medical waste can be effectively controlled,the illegal activities of medical waste generators can be effectively regulated,and the development of medical and health care can be realized.Win-win with environmental benefits. |