Legislative Research On Restricting Over-packaging Of Express Delivery From The Perspective Of The Green Principle Of The Civil Code

The vigorous development of express delivery industry not only promotes economic development and facilitates people’s lives,but also causes serious waste of resources and environmental pollution.Article 9 of the "Civil Code of the People’s Republic of China" adopted by the 13 th National People’s Congress on May 8,2020 stipulates: "Civil subjects engaged in civil activities shall be conducive to saving resources and protecting the ecological environment." The clause is called the Civil Code Green Principles.The green principle of the Civil Code adds ecological rationality to the civil activities of civil subjects pursuing economic interests,and regulates the behavior of civil subjects in the form of legislation.The establishment of the Green Principles of the Civil Code has important guiding significance for the legislation of restricting the excessive packaging of express delivery in my country.From the perspective of the Green Principles of the Civil Code,it can guide the research on the legislation to restrict the excessive packaging of express delivery.The full text is divided into four parts:The first part,the relationship between the green principles of the Civil Code and the excessive packaging of express delivery.First of all,the“resources” and “environment” in the green principles of the Civil Code should be expanded and explained,that is,“resources” include not only“natural resources” but also “social resources”,and “environment” includes not only “natural environment”,but also “natural resources”.social environment".The theoretical sources of the green principles of the Civil Code include: Xi Jinping’s ecological civilization thought,the traditional Chinese concept of "Heaven and One",the Marxist philosophy of ecological civilization,and the modern concept of sustainable development.The conflict between the excessive packaging of express delivery and the green principles of the Civil Code mainly includes three aspects: in the choice of express packaging production materials,express companies only focus on economic interests,ignoring ecological interests and the green principles of the Civil Code require both economic interests and ecological interests.Conflict;express packaging In terms of standards,express delivery companies only consider their own interests,disregarding the conflict between arbitrary packaging of public ecological interests and the requirement of the green principles of the Civil Code to protect public ecological interests;as for employees of express delivery companies,in order to pursue efficiency,employees of express delivery companies resort to violent sorting,which leads to the adoption of The conflict between excessive packaging polluting people’s living environment and entering the new era of civil code requirements to meet the needs of people’s living environment for a better life.The second part,the necessity and feasibility of special legislation to limit the excessive packaging of express delivery from the perspective of the green principle of the Civil Code.First of all,under the background of the promulgation of the Green Principles of the Civil Code,carrying out special legislative work to limit the excessive packaging of express delivery is an inevitable requirement for implementing the Green Principles of the Civil Code,an inevitable requirement for the development of a circular economy,and an inevitable requirement for my country to break the green barriers of developed countries.Secondly,my country already has the conditions for restricting the excessive packaging of express delivery: from the Third Plenary Session of the18 th Central Committee of the Communist Party of China to the 19 th National Congress of the Communist Party of China,the importance of legal system and green environmental protection is emphasized without exception.Perfection is very important,and my country has a relatively complete legal basis;at the same time,since the reform and opening up,the economy has developed rapidly,and my country already has the practical basis and material conditions to limit the over-packaging of express delivery;at present,my country has carried out a lot of research on restricting over-packaging of express,the people’s acceptance of moderate packaging and green packaging is high,and the division of labor and cooperation between various departments after the legislation can ensure the implementation of the legislation to limit excessive express packaging.The third part,the legislative status and existing problems of my country’s restricting over-packaging of express delivery.First of all,my country’s legislation to restrict over-packaging of express delivery has achieved certain results.After the establishment of the green principle of the Civil Code,the legislation has shown new changes,mainly due to the increase in legislation related to restricting over-packaging of express delivery,the increase of environmental protection content in legislation,and the trend of special legislation.The state power and administrative organs have issued some laws and regulations,but there are many problems in the current legislation restricting over-packaging of express delivery,mainly including the following four points:the lack of uniform mandatory standards for express packaging,the subject of responsibility for restricting over-packaging of express delivery,and the lack of liability for breach of contract.Clearly,there is a lack of restraint mechanism for violent sorting of express company employees.The fourth part,under the guidance of the Green Principles of the Civil Code,is the legislative proposal for the special legislation of restricting the excessive packaging of express delivery in my country.First of all,the legal level of the special legislation to limit the excessive packaging of express delivery is appropriate to administrative regulations.Secondly,the basic principles of this law are: the principle of consistency of rights and obligations,the principle of green packaging,and the principle of public participation.Thirdly,from the perspective of the green principles of the Civil Code,the government should improve the legislation to restrict excessive express packaging,establish mandatory standards for express packaging,encourage relevant enterprises and research institutes to actively explore and develop new green packaging materials,and strengthen the joint enforcement mechanism of law enforcement agencies.;Enterprises should produce green express packaging materials,adopt appropriate packaging,and take responsibility for the recycling of express packaging after use;citizens should consciously resist over-packaged products,participate in social governance and contribute their wisdom and opinions to avoid NIMBY effects.Finally,under the guidance of the green principles of the Civil Code,the supporting measures to limit the excessive packaging of express delivery include formulating a unified mandatory standard for express packaging,improving the packaging environmental tax system,establishing a financial subsidy system for express green packaging,establishing a special fund for express green packaging,and establishing express packaging mortgages.Gold system,promote the formation of an extended responsibility mechanism for express packaging producers,establish a "green dot" system,and establish a normalized assessment system for express delivery companies and employees.