Study On The Legal System Of Municipal Solid Waste Classification

With the rapid development of economy of China and the increasing municipal population,the output of domestic garbage in China has been increasing year by year.The traditional treatment methods have been unable to meet the current demand for garbage treatment,and the pollution problem of domestic garbage has become increasingly serious.Domestic garbage pollution not only threatens the limited land and water resources of cities,but also affects the health of residents and the sustainable development of cities.In order to reduce the pollution of MSW to the environment and relieve the pressure of municipal solid waste treatment,it is necessary to carry out the classification treatment of municipal solid waste.Therefore,the classification and management of municipal solid waste are regulated by legislation in China,and the legal system of municipal solid waste classification is gradually established in China.The Law of the PRC on the Prevention and Control of Environmental Pollution by Solid Waste came into force on September 1,2020,after deliberation of three revised drafts,which makes up for the blank of domestic waste classification legislation at the national level.The revision will separate the solid waste as a chapter,to make provisions on the classification of solid garbage.At the same time,many cities,such as Shanghai,have issued Local ordinance or Local government regulations to promote the classification of municipal solid waste in accordance with the Requirements of the Implementation plan for the classification system of municipal solid waste.However,due to the late start of the relevant legislation in China,there are still some problems in the legal system of municipal solid waste classification in China.Insufficient supply of relevant laws and regulations,the lack of special legislation and the lack of systematic legislation at the local level make the legislative system of municipal solid waste classification in China imperfect.In other aspects,there are still some problems such as lack of supervision mechanism,single governance model,and incomplete related supporting systems.These problems have caused some obstacles for the comprehensive implementation of municipal solid waste classification in China.Therefore,it is necessary to perfect the legal system of municipal solid waste classification in China as soon as possible.Germany,Japan,the United States have rich experience in the classification of municipal solid waste treatment.All of them have formed a relatively mature legal system of solid waste classification and management.China should learn from the beneficial experience of foreign countries to explore a suitable legal system for the classification of municipal solid waste.First of all,the legislative system of municipal solid waste classification should be improved from the aspects of formulating special legislation of municipal solid waste classification,strengthening local legislation of municipal solid waste classification,improving the relevant provisions of municipal solid waste classification in the existing laws and regulations.Secondly,it is necessary to strengthen the administrative supervision of municipal solid waste classification,strengthen the social supervision of municipal solid waste classification,and establish the supervision mechanism of municipal solid waste classification in China.Thirdly,it is necessary to insist on the leading role of the government in the classification and management of municipal solid waste,clarify the main responsibility of enterprises to participate in the classification of municipal solid waste,give play to the important role of the public to participate in the municipal solid waste classification,and promote the multi-governance of municipal solid waste classification.Finally,it is necessary to establish the reward and punishment system of municipal solid waste classification,the industrial system of municipal solid waste classification,and improve the municipal solid waste classification and recycling system and the related supporting system of municipal solid waste classification in China.