Explore the economic law of civic duty cycle
Paper Keywords: Circular Economy Law green consumption
Abstract: "Law and not legislation, and can not wait, not country of the world can no longer governor also Chang," China <<by Law to promote circular economy>> the promulgation of China's circular economy improvement of the legal system play an important role of legal responsibility is to protect important Law enforcement system, but in the legal system of circular economy, citizens should be more of a duty but not the obligation, this Article will focus on analyzing consumers in recycling economy in the green consumer obligations, public green consumption obligations are primarily resource saving and environmental protection awareness.
A circular economy legislation in the legislative status of consumer liability
Of the Eleventh National People's Congress examined and adopted the fourth meeting of the Standing Committee <<People's Republic of Circular Economy Promotion Law>> promulgated <<Circular Economy Promotion Law>> is to thoroughly implement the scientific concept of development, according to the law to promote economic and social good rapid development of practical needs, is to implement the CPC Central Committee proposed the realization of large-scale circular economy development strategy an important measure of China's circular economy has finally embarked on a legal basis for the legal system. [1]
(A strict liability provision does not
But <<Circular Economy Promotion Law>> there are some shortcomings, mainly in some of the provisions are more of a principle is not clear, more general, can not be real strong operational, especially in the liability provisions of the following deficiencies: << Circular Economy Promotion Law>> in the country, local governments, businesses, the public duty requirement is not clear, specific, and no special chapter for provisions, scattered among the other chapters. on the legal responsibility of individual citizens, China <<cycle Economy Promotion Law>> Article provides that: "citizens should be increased awareness of resource conservation and environmental protection, rational consumption, saving resources as much as possible to use energy, water and recycled products, reduce waste and emissions", the tenth 25, paragraphs 3 states: "The list included in the compulsory recycling products and packaging, consumer products should be discarded or packaging to the producer or its authorized distributors or other recovery organizations." [2] this more decentralized provision, can not let all kinds of subjects from a macro understanding of their rights and obligations, can not be specific in their duties which is by law to promote circular economy on the liability provisions of the relevant circumstances.
(Two law enforcement agencies is not clear
<<Circular Economy Promotion Law>> 51, paragraph 2: "violating this law, imports included in the phase-out list of equipment, materials or products, ordered returned by the Customs, more than 100,000 yuan may be imposed a one million yuan shall be imposed, constitutes a crime, be held criminally responsible. importer unknown, returned by the carrier assumes responsibility for, or bear the costs of disposal. "This section of the importer and the carrier provides different levels of liability, importer assume responsibility and was fined returned, and the carrier only importer of unknown circumstances take responsibility for returned or related disposal costs. Should the importer and the carrier both collusion, violation of the provisions within the import phase-out list of equipment, materials or product, once seized by customs, as long as the importer is unknown, it is only the carrier return or disposal fees. The punishment is far lighter than the direct penalties on importers, which is likely to result in collusion importer and carrier circumvent the law.
<<Circular Economy Promotion Law>> Article V provides: "The State Council depArtment responsible for comprehensive economic macro-control organization and coordination, supervision and management of the national cycle of economic development, environmental protection and other relevant depArtments under the State Council responsible for the duty cycle of economic management." Circular economy method to truly implement the key by law enforcement, but still no clear cycle of economic law enforcement agencies. in the end whether the department to guide law enforcement through the entire cycle is not conclusive. bull management is likely to result unattended or you scramble management, in the end only the healthy development of circular economy adversely affected.
Second, consumers of green consumption obligations
(A consumer responsibilities and consumer obligations
In the circular economy in the Basic Law, to determine the obligations and responsibilities of citizens, to encourage each individual in the society to make efforts for the recycling economy. To break the existing "polluter pays" principle, follow the "who benefits, who pays" principle to take responsibility for acts of responsibility and the separation of economic responsibility system in which the special provisions of Chapter Code of public responsibilities. China has begun to local community organizations, families and individuals waste disposal fee, which is a consumer responsibility species reflect these costs are actually in the lives of consumers for their own environmental pollution and to buy the single, mainly paid to the waste disposal sector, generally used as garbage disposal agency funding and operating costs in the complete cycle time of economic law can determine the individual's emissions trading system, sewage violations and a fine lighter to achieve the consumer's commitment to environmental responsibility, for example, can be community, family, or individual units to achieve accountability to consumers, companies refuse to pay a small fee, as part of its sewage charges for the illegal discharge, and should be appropriately imposed. [3] This pattern of paying consumers is questionable. At present, China's economic and social development has been greatly improved, but China's per capita wealth and developed with than there is not a small gap, the pressure is relatively large, most consumers lack of spending power, in a weak position in the consumer market. Moreover, consumers in the consumption process has paid a certain amount of environmental resources benefit costs. The use of low-end products and wastes are generally poorer people often can not take advantage of pollutants are low-end products, which part of the responsibility should be borne by the Government, rather than consumers, Links to free download http : / / www.hi138.com (two green consumer obligations
Green consumption, including not only purchase and use green products, including materials recycling, efficient use of energy, the living environment, protection of species in the process of material and energy consumption of green consumption has been widely recognized by the international community National SEPA and other six departments in 1999 launched the "green channels", "to cultivate green market" and "to promote green consumption" as the main content of the Three Green Project, 2001, the China Consumer Association to locate theme in green consumption. China's current consumption patterns, the main problems are: consumption, serious pollution, wasteful consumption, the prevalence of startling brutality consumption, tilt consumption imbalance [4] the end of social reproduction is the consumer, and environmental protection to encourage consumers to establish a coordinated values and consumer attitudes, purchase the products meet the requirements of circular economy, promote and promote moderate consumption.
Consumption to stimulate production, the production of consumer protection laws that we follow the economic principle of citizens' consumption behavior has a significant impact on production, so in everyday life, should establish environmental responsibility, environmental awareness, consumption on the environment-friendly products, as much as possible with their consumer choices affect the right of producers of production, and promote green living to create a whole community of green consumers, including the following:
1. Against comparisons to show off. China's economic growth and development of productive forces so that people with the development of productive forces and economic development, human consumption of motivation is increasingly showing a trend of diversification. This is not a bad thing, but in everyday life, many people keen competition, the pursuit of luxury, show off, a lot of consumption is not out of production needs, but to show off their own economic strength and social status, to stimulate people to spend this resource waste and environmental damage has played a bad role .
2. Against excessive consumption. Ecology has a well-known ten percent decline rate tells us: eco-system between different trophic levels the efficiency of energy conversion process is generally not more than 10%, and the remaining energy is lost in the transformation of the U.S. Hamburg need to make a dozen square meters of tropical rain forests in South America was converted into pasture. [5] China's vast land, a lot of people for resource depletion, environmental degradation do not have a clear understanding of over-consumption in serious condition, but this increases the resources obtained and environmental pollution stress. Although economic development has brought to people's lives turned upside down, the economy has been greatly improved living conditions, but some of the extravagance and waste situation is more serious and obvious example is the deterioration of urban environment, and In spreading to rural areas. serious waste of resources, these acts give their own enjoyment but also to bring some other people and future generations have brought real damage.
3. Clean living, mainly the use of green products, minimize the use of disposable tableware, such as plastic bags, fast food chopsticks, lunch boxes, etc., do not eat rare animals and plants products. Thrift, recycling, when there are items no longer has use value, want to throw it away, consumers should first think of its value in use of other people are there and if so, then let other people spending time, until this pieces of consumer goods may be no value to anyone when it is as garbage recycling. This way can really make the best use.
References:
[1] Huang Xuefeng: Circular Economy in "consumer responsibility" of Research, postgraduate excellent Papers.
[2] PRC Circular Economy Promotion Law Act as amended.
[3] Huang Xuefeng: Circular Economy in "consumer responsibility" in Research, postgraduate excellent Papers.
[4] Sun Youhai, Zhang Lei: Chinese cycle theory of economic law, Science Press, published in August 2008, p. 312.
[5] Chen Quansheng, etc.: Circular Economy Research, China Environmental Science Press, published in November 2009, p. 311. Links to free download http://www.hi138.com
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